By Jochen von Bernstorff
This research of Hans Kelsen's overseas legislation idea takes into consideration the context of the German foreign felony discourse within the first 1/2 the 20th century, together with the reactions of Carl Schmitt and different Weimar rivals of Kelsen. the connection among his natural thought of legislations and his overseas legislation writings is tested, permitting the reader to appreciate how Kelsen attempted to sq. his personal liberal cosmopolitan undertaking along with his methodological convictions as specified by his natural conception of legislations. ultimately, Jochen von Bernstorff discusses the boundaries and carrying on with relevance of Kelsenian formalism for foreign legislation below the time period of 'reflexive formalism', and provides a mirrored image on Kelsen's thought of overseas legislation opposed to the historical past of present debates over constitutionalisation, institutionalisation and fragmentation of overseas legislation. The e-book additionally comprises biographical sketches of Hans Kelsen and his major scholars Alfred Verdross and Joseph L. Kunz.
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Röhrscheid, 1968), 489–493 (here 493). Jellinek, Allgemeine Staatslehre, 9 et seq. 38 the quest for an objective method antagonism between the view of international law as based on the concrete will of individual states, and the universalistic view of international law as a legal order binding upon states. In fact, however, Jellinek had not dissolved the oscillating movement between the subjective and the objective principle, but had instead integrated it into his own theory as an inherent tension.
Von Gagern, Critik des Völkerrechts. Mit praktischer Anwendung auf unsere Zeit (Leipzig: F. A. Brockhaus, 1840). Kaltenborn von Stachau, Kritik des Völkerrechts, 9–10. , 101. , 103. , 128. ”7 Kaltenborn was referring to the reception of Kantian or Hegelian philosophy in the science of international law, which had supposedly led to international law being given a state-focused, subjectivist foundation. A closer look at Kaltenborn’s critique of the “subjective principle” in international jurisprudence in the first half of the century must be preceded by an explanation of how this term was used in Kant and Hegel.
1, §94, 324; however, what was preserved was, for example, the “socie´te´ universelle” in Emer de Vattel: E. de Vattel, Le droit des gens ou principes de la loi naturelle [1758], edited by W. von Euler, P. Guggenheim, and W. Schätzel (Tübingen: Mohr, 1959), §11, 21; instructive: Steiger, “Völkerrecht,” 115. Kaltenborn von Stachau, Kritik des Völkerrechts, 75. international l aw in nineteenth-century 21 or – as a final resort – through physical force. The latter option leads to war, which should thus be seen as the implementation of the legal claims of the community: “War differs only in degree from the other means of enforcing the law.