Form and substance in the argumentation of public international law

Abstract

This text tries to analyze, from Duncan Kennedy´s reflections with regard to the Private Law, the nature and the interconnection of rhetorical manners that they find in the principal discussions you will discipline of the Public International Law. I support that the conclusions that Kennedy obtained for the adjudication in Private Law, are applicable mutatis mutandi to the argumentation in Public International Law, and that on the base of these conclusions, is possible to enrich the debate brings over of the problems of stagnation that some authors see in the discipline of the Iusinternacionalism, in the measure that the instability and own insufficiency of the iusinternational argumentation can constitute a “initial quota” in the search of new solutions to the current problems of the International Law.