The Framework of Obligation and the Framework of Authorization in the Case of the S.S. “Lotus” and in Legality of the Threat or Use of Nuclear Weapons
This chapter returns to the moments when the PCIJ and the ICJ were confronted with the question of whether the concept of public international law conforms to the framework of obligation or the framework of authorization. In the Case of the S.S. “Lotus”, the PCIJ addressed this question of principle raised by the positions adopted by France and Turkey and opted for the framework of obligation. In Legality of the Threat or Use of Nuclear Weapons, when the point was revisited by the Nuclear Weapon States and the Non-Nuclear Weapon States, the ICJ followed in the footsteps of its predecessor. This chapter is intended to trace in detail the pertinent reasoning of both Courts and to illustrate the incoherence attaching to reasoning within either of those frameworks.