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The Geopolitical Right of Exception at the United Nations


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The Geopolitical Right of Exception at the United Nations

Richard Falk

The notorious, yet influential, German jurist, Carl Schmitt famously insisted that ‘a right of exception’ was the core reality of national sovereignty. By this he meant that internal law could be put aside by ‘the sovereign,’ inhering as the crux of the relationship between state and society. In this regard international law has no overriding claim of authority with respect to sovereign states, at least from the perspective of statist jurisprudence.