Download e-book for iPad: The Position of the Individual in International Law by Peter Pavel Remec

By Peter Pavel Remec

ISBN-10: 9401504059

ISBN-13: 9789401504058

ISBN-10: 9401510156

ISBN-13: 9789401510158

According to democratic thought the kingdom is for guy now not guy for the country. This concept has been carried out by way of money owed of rights in lots of nationwide constitutions giving the person a felony chance to redress abuses through his country. In Federal Consti­ tutions, in spite of the fact that, problems were confronted whilst valuable au­ thority seeks to implement the factors of the structure opposed to the laws and customs of the constituent states. The latter habitually face up to, proclaiming the virtues of horne rule and native self-govemment, additionally supported through democratic concept. hence the competition of guy as opposed to the kingdom develops right into a double op­ place of guy as opposed to the nation and the country as opposed to the large­ kingdom. To what quantity should still the super-state take the a part of guy not easy recognize for human rights, or of the nation call for­ ing self-govemment, while the 2 clash? The failure to resolve this challenge triggered the yankee Civil struggle and maintains to agitate American politics. should still the human correct of equivalent academic possibilities be triumphant over the "State's correct" of autonomy within the association of its colleges? a similar challenge looks in additional virulent shape within the efforts of the United international locations to "promote recognize for human rights and for primary freedoms for all with no contrast as to race, intercourse, language or faith" with out "intervening in concerns that are primarily in the household jurisdiction of any state.

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1. 37. " Ibid. 2 " ••• ad mutuam gentium inter se societatem, ... "Ibid. ii. 8. 1. 196. Latin original (italics added). 3 "C'est avec un veritable etonnement qu'on lira desormais chez les classiques du XIXeme et du XXeme siecles qu'a la difference de I'Etat, sujet du droit international, l'homme en est simplement l'objet. Ni Vitoria, ni Grotius n'ont jamais, entre l'homme et I'Etat, mis cette difference ecrasante pour le premier vis-a-vis du second. C'est a tort que de Louter presente le Dominicain de Salamanque comme ayant intentionnellement substitue, dans la formule de Gaius, ,jus inter gentes a jus inter homines, pour chasser l'homme de l'ordre general du monde devenu simplement un ordre interetatique.

Sir A. McNair, "The Debt of International Law in Britain to the Civil Law and the Civilians," The Grotius Soeiety, Transaetions, XXXIX (1954), 189; cf. also p. 201. • Oeuvres, Tom. ii, p. 337, edit. 1773, 12. no. as referred to by J. , reprinted in "The Hafner Library of Classics," VI, L. J. , 1948), 326, n. 1. 3 Emer de Vattel, Le Droit des gens, ou prineipes de la loi naturelle, appliques ala eonduite et aux affaires des nations et des souverains, 4 bks. ), reprinted in "The Classics of International Law," No.

Pp. 326 f. , where also further data on D' Auguesseau, Saint-Pierre, Bentham and Dumont are given. a E. Kant, Die Metaphysik der Sitten, I, par. 53, as referred to by Verdross, V ölkerreeht, p. 1. 1 The term "international law" is actually considered by some authors who want to break away from positivism as an imponderable with a highly biased meaning and, therefore, an improper designation for the law it is supposed to denominate. Othere feel that a radical change, such as the enactment of human rights, would deprive internationallaw of its accepted meaning.

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