ABSTRACT
For the Pure Theory of Law, the Grundnorm is at the same time the highest echelon of norms and the purest expression of the nature of norms – the Ought. While the Grundnorm theory is adequately portrayed in many other publications, not least Kelsen’s own Reine Rechtslehre (1960),2 an application of the Grundnorm theory to the topics presented in this book is still necessary, rather than to leave the reader with references to the works of other scholars. This chapter thus becomes an important capstone for the present monograph for a number of reasons. First, the accessibility and accuracy in translating Kelsen’s work from German is an issue of concern. Second, this is a book aimed primarily at international lawyers, rather than specialists in legal theory, and thus there is a need to explain what the Grundnorm is and how it works in order to avoid misconceptions. Third, the progression of this book from technical problems of international legal doctrine to the theoretical uncertainty on a higher level requires that the theoretical presuppositions on the highest level are explained. This means that the theories presented are ‘capped’ by discussing the basis of this theoretical structure. Fourth, at some points the views presented here diverge from the orthodox interpretation of the Pure Theory of Law.
