In this episode, we delve into the encompassing topic of international law, exploring it through the eyes of philosophy of law. Can our conceptions of law encompass international law? Is there something akin of a nature of international law? What would be the main elements to determine such a nature? Miodrag Jovanović discusses why there has been a historical lack of philosophical interest in international law, and then delves into the analysis of the possibility to identify a nature of international law and its elements. We also explore how the choice of methodological perspective changes the approach to the existence and content of such nature, the properties of coercion and justice appness of international law, and inquire about the emergence of global law as a phenomenom and a field of study.

Miodrag A. Jovanović is a Full Professor in Jurisprudence, at the Faculty of Law, University of Belgrade. He also teaches at the Legal Methods module of the European Master in Legal Theory, at the Goethe University, Frankfurt. He is a fellow of the Alexander von Humboldt Foundation and the 2016 Brandon Fellow of the Lauterpacht Centre for International Law (Cambridge). His internationally published books include Constitutionalizing Secession in Federalized States: A Procedural Approach (Eleven International Publishing, 2007), Collective Rights – A Legal Theory (Cambridge University Press, 2012), and Unpacking Normativity – Conceptual, Normative and Descriptive Issues (co-edited with Kenneth Einar Himma and Bojan Spaić) (Hart Publishing, 2018)

In you want to dive deeper into the topic of the nature of international law and philosophy of international law, you can check Miodrag’s book “⁠The Nature of International Law⁠” (Cambridge University Press, 2019).

[This episode was hosted by Julieta Rabanos and Bojan Spaić; edited by Bojan Spaić; uploaded and formatted by Julieta Rabanos]

(00:00:00) Intro HAPL

(00:00:05) Introduction to the episode

(00:01:25) Miodrag Jovanovic – Academic Genealogy and the Interest for International Law

(00:09:12) Academy and a Generalised lack of philosophical interest regarding International Law – Why are the reasons?

(00:14:32) Are our concepts and conceptions of law enough or adequate to give an account of International Law?

(00:32:18) In search of the “nature” of International Law: conceptual analysis and methodology

(00:52:08) The nature of international law: what are its typical features? How does coercion fit here? And global law?

(01:03:30) The nature of international law and fragmentation of international law

(01:11:40) The nature of international law: internal and external perspectives

(01:16:41) Farewell

(01:18:35) Outro