A Critique of the Public/Private Dimension

Posted: 29 Feb 2008

See all articles by Christine Chinkin

Christine Chinkin

London School of Economics - Law School; University of Michigan Law School

Abstract

The dualism between public and private spheres of action has been identified as a key feature of Western, liberal thought. Its normative consequences in domestic law have been much critiqued on both practical and theoretical grounds. The article examines how this same distinction operates in international law, inter alia through the principles of attribution for the purposes of state responsibility to delineate the reserved area from international intrusion. It questions whether the changing concept of the role of the state undermines the usefulness of the distinction and considers some of the strategies engaged for its avoidance, in particular within human rights jurisprudence.

Keywords: inter alia

Suggested Citation

Chinkin, Christine, A Critique of the Public/Private Dimension. European Journal of International Law, Vol. 10, pp. 387-395, 1999, Available at SSRN: https://ssrn.com/abstract=803725

Christine Chinkin (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States

HOME PAGE: https://www.law.umich.edu/FacultyBio/Pages/FacultyBio.aspx?FacID=cchinkin

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