Open AccessINTERNATIONAL LAW AND REVOLUTION IN THE 21ST CENTURY
Author(s) -
Emmanuel Obikwu
Publication year - 2019
Publication title -
petita
Language(s) - English
Resource type - Journals
eISSN - 2549-8274
pISSN - 2502-8006
DOI - 10.22373/petita.v4i2.16
Subject(s) - jurisprudence , globe , law , international law , political science , order (exchange) , rule of law , law and economics , sociology , economics , politics , psychology , finance , neuroscience
This article argues on the continued significance of Kelsen’s theory of the grundnorm and revolution in international law. It urges that revolutions and coups d’etat will continue to occur in the international legal order. That criticisms of Kelsen’s thought on this issue notwithstanding, Kelsen’s arguments on successful revolutions and the shift in the grundnorm is still as relevant today as it was when first propounded. A case of study of Nigeria is used, however this is carried out against a backdrop of developments internationally. Military take-over of governments have occurred internationally and though not adhering to the rule of law and human rights in the strict sense, national courts and the international legal order must continue to take account of them. Nigeria under military from 1966 to 1999 underwent several coups. Based on this developments across the globe, the received wisdom of Kelsen is aptly defended in this article through an examination of case law and jurisprudence.