The Precarious Rationality of International Law: Critiquing the International Rule of Recognition

Abstract Some scholars assume that the content and validity of international legal norms turns upon existence convergent attitudes behaviors state representatives other ‘international officials’. By converging criteria for what counts as a ‘formal source’ law does not, such officials provide ‘rule recognition’ in relation to which normative system is determined. In this Article I present two theoretical problems with view, arguing that, depending on exactly role rule intended fulfil within theory, it either metaphysically insupportable or fundamentally at odds disagreements persist formal sources law. Both risk undermining rationality argumentation any reliance an recognition should be eschewed result.