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Transparency of Approaches to International Law: A Short Story of an Unsung Hero

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This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called black-letterism and a policy-approach to international law. Meanwhile the doctrinal method is fully functional and mostly accepted in domestic law, though often contested in international law. But after all, international law being sui generis law is not just an instance of the domestic-type law which is the effect of particular features of the international community.

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Philosophy, other