Introduction to International Law: Present Conceptions Of by Marek St. Korowicz

By Marek St. Korowicz

This ebook in its entirety in addition to in every one of its elements is an summary of the issues lower than dialogue. the subject material of a few 80 sections of the ebook is broad; it could possibly, certainly, be awarded by means of ex­ perts in as many volumes. This learn deals an try and formulate a synthesis, despite the fact that tough, of the significant volume of accessible fabric. not like the well known regular Introductions to overseas legislations which care for all of the significant fields of foreign legislations, this e-book treats completely the current conceptions of that legislation as expressed in criminal literature, overseas treaties and different agreements, inter­ nationwide decisions and awards, governmental and diplomatic country­ ments and so on. specified cognizance is dedicated, in different chapters of the e-book, to the "teachings of the main hugely certified publicists of some of the international locations" that are thought of by means of Article 38 paragraph 1 (d) of the Statute of the foreign courtroom of Justice as "subsidiary skill for the choice ofrules of legislation. " An undertaking is made to check even if in sure fields of the speculation of foreign legislation a "Communis opinio doctorum" has both been reached or is within the technique of fulfillment. a few readers might give some thought to that there are too many quotations from writings of publicists; others will surely suppose - as does this author - that too many remarkable overseas legal professionals haven't been included.

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Like Bodin, he admits, that the sovereign's power is limited by laws of God, and the rules of justice, "natural not positive"; but the sovereign cannot infringe upon the fundamental laws of the State either. 1 1 C. L'Oyseau, Parisien, Traicte des Seigneuries, Paris 1609, pp. 24, 25; Cf. Bertrand de J ouvenel, De La Souverainete. A la recherche du Bien Politique, Paris 1955. The language of L'Oyseau is very difficult to translate. The quotation as above from p. 24 reads in original: "La Souverainete est du tout inseparable de l'Estat, duquel si elle etait ostee, ce ne serait plus un Estat et celui qui l'aurait, aurait l'Estat en tant et pour tout 32 SOVEREIGNTY OF STATES IN THEORY Hugo Grotius, in his system ofinternationallaw, ascertains the existence of a body of rules and principles, which are binding on States and individuals according to naturallaw.

Fichte, Reden an du deutsche Nation, ed. Langensalza, 1896. UNIVERSALIST AND NATIONALIST CONCEPTIONS 43 equals, but preached the superiority of Germans over other peoples. There are some scholars who with conviction claim that Fichte's philosophical ideas of a nation as such, of the role of the language in its formation, and of the mission of the German nation as the leader of other nations were deformed by nationalist politicians and writers. However, the fact is that for more than one hundred years these ideas were constantly invoked by nationalists for their political purposes, and they played a substantial part in the education of the youth in the nationalist beliefs.

The probleins of the subjects of international law, of the relationship between this law and municipal law, and of the concept of domestic jurisdiction are also especially close to sovereignty. 2. ORIGINS OF THE CONCEPT OF SOVEREIGNTY The awareness of the government of a State that it is the supreme power over the State•s territory and its inhabitants and a power independent of any other State can be traced in history from the beginning of the existence of States living in the neighborhood of other States.

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