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

By Marek St. Korowicz

This booklet in its entirety in addition to in every one of its elements is an summary of the issues below dialogue. the subject material of a few 80 sections of the publication is wide; it can, certainly, be provided by means of ex­ perts in as many volumes. This examine deals an try to formulate a synthesis, notwithstanding tough, of the tremendous quantity of accessible fabric. in contrast to the well known average Introductions to overseas legislation which care for all of the significant fields of overseas legislations, this booklet treats solely the current conceptions of that legislation as expressed in felony literature, overseas treaties and different agreements, inter­ nationwide decisions and awards, governmental and diplomatic country­ ments etc. particular cognizance is dedicated, in numerous chapters of the publication, to the "teachings of the main hugely certified publicists of many of the countries" that are thought of via Article 38 paragraph 1 (d) of the Statute of the foreign courtroom of Justice as "subsidiary potential for the selection ofrules of legislations. " An recreation is made to envision even if in convinced fields of the idea of foreign legislations a "Communis opinio doctorum" has both been reached or is within the strategy of fulfillment. a few readers may well 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 extraordinary foreign attorneys haven't been included.

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By Marek St. Korowicz

This booklet in its entirety in addition to in every one of its elements is an summary of the issues below dialogue. the subject material of a few 80 sections of the publication is wide; it can, certainly, be provided by means of ex­ perts in as many volumes. This examine deals an try to formulate a synthesis, notwithstanding tough, of the tremendous quantity of accessible fabric. in contrast to the well known average Introductions to overseas legislation which care for all of the significant fields of overseas legislations, this booklet treats solely the current conceptions of that legislation as expressed in felony literature, overseas treaties and different agreements, inter­ nationwide decisions and awards, governmental and diplomatic country­ ments etc. particular cognizance is dedicated, in numerous chapters of the publication, to the "teachings of the main hugely certified publicists of many of the countries" that are thought of via Article 38 paragraph 1 (d) of the Statute of the foreign courtroom of Justice as "subsidiary potential for the selection ofrules of legislations. " An recreation is made to envision even if in convinced fields of the idea of foreign legislations a "Communis opinio doctorum" has both been reached or is within the strategy of fulfillment. a few readers may well 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 extraordinary foreign attorneys haven't been included.

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Cf. Precis de Droit des Gens, Premiere Partie, Paris 1932, p. 82. 1 2 42 SOVEREIGNTY OF STATES IN THEORY same doctrine had a defensive character. The appeal to doctrine by the weaker States is based upon international law; the powerful States often found it upon extra-legal grounds. The theorists of the nineteenth century realized that if the concept of sovereignty in the sense of absolute power within the States and absolute freedom of action in international relations, were applied consistently, the development and even the existence of international law as a legal discipline would be impossible.

Some of those citizens, however, feel that the term "sovereignty" is not precise enough, and means various things for various people. Very significant in this connection is the statement by Mr. Clarence Pickard, a farmer from Indiana, Iowa, who, among other interesting ideas, stresses that one of the objectives of the United Nations should be: "4. " Ibidem, p. 689. "1 However, it should be added here, that sovereignty of States, being a counterpart of international law, is at the same time a fundamental principle of positive customary and conventional law.

1 Thus, it was not Jean Bodin who created the concept of sovereignty, since a long time before him many States had proclaimed their supreme power (Suprema potestas) inside their territories, and their absolute independence of any external authority. However, the great Frenchman not only popularized in his book of 1576 the term "sovereignty," the use of which since then began consistently to appearin political writings, diplomatic correspondence, and international treaties, but he also made a substantial contribution to the determination of the relationship between the concept of sovereignty and the concept of State.

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