Fiktionen im Völkerrecht

Is Taiwan really not a state, but Palestine is? Is Crimea really not part of Russia? Why does Somalia still exist? Questions like these raise the suspicion that international law is willing to work with legal fictions and, in doing so, deviate from reality. This book seeks to understand and analyze the underlying mechanisms and to explain their significance for international law. To this end, it first develops a legal definition of “fiction” and distinguishes it from other legal tools. It then examines the various phenomena. The thesis is intended for experts and students interested in legal methodology and/or the doctrine and practice of international law.