The Position of the Individual in International Law according to Grotius and Vattel

Capa
Springer Science & Business Media, 6 de dez. de 2012 - 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.
 

Conteúdo

PREFACE BY QUINCY WRIGHT
1
THE POSITION OF THE INDIVIDUAL IN INTERNATIONAL
3
The Traditional Positivist Doctrine 3 The Organized Community of Nations
32
B Reasons for the Present Reexamination of Grotius
41
THE POSITION OF THE INDIVIDUAL IN INTERNATIONAL
57
B Law of Nature and Volitional Law
63
The Content of the Law of Nature 63 Volitional Law 69 The Law
76
Law of Nations and War
88
Notion of Rights and Obligations 129 Necessary or Natural Law of Nations
140
Nations
157
Nature of the State and of the Individual 157 The Civil Society 160 Indi
173
Vattels Scientific Method of IndividualState Analogy
183
Individual State and the Society of Nations
190
E Summary
196
B Human Rights in the Grotian System
206
International Relevance of Human Rights in the Vattel
225

Just War and Its Implications 88 Law of Nations Contrary to the Law
102
Moderations Temperamenta 107 Improvement of the Law of Nations
113
E Summary
122
LAW ACCORDING TO EMER DE VATTEL
127
SUMMARY EVALUATION
237
Protection of Human Rights
243
Index 255
254
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