ABSTRACT Theories on international law have been formed in compliance with international landscape. In this regard, the former predominant naturalist theory on international law which excludes the consent of a state in defining international law was replaced by the positivist theory which defines international law as the reflection of state consent in the nineteenth century. This positivist theory served international law in the time of rapid progress of international law well until the mid-twentieth century. On the other hand, this current predominant positivist theory on international law has been challenged by many problems because of the dramatic and unprecedented developments in international law since Second World War.
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