Ontological turn and the influence of undefined or multi-meaning notions on the modern understanding of international law
Tomažič, Luka Martin
In law, the traditional order of epistemology and ontology is turned on its head. Instead of reality as a precondition to existence of theories regarding reality, there exists primarily a more or ...less defined normative system, which in turn becomes the object of interpretation. The consequence of the above-mentioned is that regarding ambiguous legal norms, such undefined or multi-meaning notions can become an interpretative battleground of several opposing value systems and particular interests. This is especially true in international law, where due to it being a law in rudimentary sense, ambiguity is not only present, but prevalent. Norms of international law are thus often used not as commands or prohibitions, but merely as tools, whose primary purpose is the justification of a particular political standpoint. A strong influence on the effectiveness of argumentation is therefore not only its rationality but also the ability of the interpreter to force the acceptance of his viewpoint with the use of arguments of power. A legal position regarding certain ambiguous norm of international law will thus oftentimes be accepted as ex tunc correct in case of real-world events being in accordance with the beforehand stated legal position. In the article, author will discuss the above and the consequences it has for the further development and understanding of international law.
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