THE NEED FOR A NEW THEORY ON INTERNATIONAL LAW

Abstract

ABSTRACT
Theories on international law have been formed in compliance
with international landscape. In this regard, the former predominant
naturalist theory on international law which excludes the consent of a
state in defining international law was replaced by the positivist theory
which defines international law as the reflection of state consent in the
nineteenth century. This positivist theory served international law in the
time of rapid progress of international law well until the mid-twentieth
century. On the other hand, this current predominant positivist theory
on international law has been challenged by many problems because of
the dramatic and unprecedented developments in international law since
Second World War.