On this page, Arellano García addresses the tension between state sovereignty and the emergence of binding international obligations. He frames sovereignty not as an absolute shield but as a layered concept: formal territorial authority coexists with procedural duties arising from treaty commitments, customary norms, and obligations erga omnes.
have noted its role as a "pioneering" contemporary Mexican work. Doctrinal Definition carlos arellano garcia derecho internacional publico pdf 195
: He frequently references Hans Kelsen to explore the "dualist" nature of law—the separation between a nation's internal rules and the international framework that binds them. Historical Genesis : The text traces the birth of these principles to the Peace of Westfalia (1648) On this page, Arellano García addresses the tension
Arellano García’s treatment is persuasive because it balances doctrinal clarity with political sensitivity. He resists utopian claims that international law can fully overcome power politics, yet he convincingly argues that legal norms channel and constrain state behavior in meaningful ways. Critics might push back, saying his account underestimates enforcement gaps—an issue Arellano García acknowledges but views as a matter of institutional development rather than conceptual failure. Doctrinal Definition : He frequently references Hans Kelsen