ABSTRACT

This chapter demonstrates that relative normativity of international law appearing within the theory correlates with such relative normativity to be found on the basis of other theories of law. It focuses on the coexistence of different theories gives rise to a further relativization of the normativity of international legal norms. Colloquial languages, upon which the technical language of international law is based, constitute universal communication systems. A problem inherent in the 'constitution' of international law is that of the hierarchical structure of the legal order. Legal positivism would only be able to maintain its approach if it were possible to draw unambiguous legal propositions from this factual substratum. Legal positivism identifies law with legal propositions, that is the wording of positive rules, which corne about as the product of a legislative or other law-creating process.