The Position of the Individual in International Law According to Grotius and Vattel
Springer Netherlands, 1960 - 260 páginas
According to democratic theory the state is for man not man for the state. This theory has been implemented by bills of rights in many national constitutions giving the individual a legal opportunity to redress abuses by his state. In Federal Consti tutions, however, difficulties have been faced when central au thority seeks to enforce the standards of the constitution against the legislation and customs of the constituent states. The latter habitually resist, proclaiming the virtues of horne rule and local self-govemment, also supported by democratic theory. Thus the opposition of man versus the state develops into a double op position of man versus the state and the state versus the super state. To what extent should the super-state take the part of man demanding respect for human rights, or of the state demand ing self-govemment, when the two conflict? The failure to solve this problem precipitated the American Civil War and continues to agitate American politics. Should the human right of equal educational opportunities prevail over the "State's Right" of autonomy in the organization of its schools? The same problem appears in more virulent form in the efforts of the United Nations to "promote respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion" without "intervening in matters which are essentially within the domestic jurisdiction of any state.
PREFACE BY QUINCY WRIGHT vii
THE POSITION OF THE INDIVIDUAL IN INTERNATIONAL
The Traditional Positivist Doctrine 3 The Organized Community of Nations
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The Position of the Individual in International Law according to Grotius and ...
Peter Pavel Remec
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according to Grotius actions agreement applied authority basic basis belligerents binding cause chap civil society Classics common concept conscience consent of nations contract contrary droit des gens droit international duties Emer de Vattel established existence fact force fundamental Grotian Hobbes Hugo Grotius human rights Ibid Individual in International infra international law international relations intervention juristic juristic personality jus gentium jus inter gentes justice Lauterpacht law of nations law of nature laws of war matter means modern moral municipal law mutual natural law norm pacta sunt servanda peace perfect right permissible persons political positive law positivist doctrine principles problem Prolegomena punish quoted rational and social reason regard regulation rights and obligations rule of non-resistance ruler schools of natural self-preservation sense society of nations sovereign sovereignty subjects supra theory things tion treatise unjust valid Vattel volitional law Völkerrechts voluntary law writers