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A Study of the Philosophy of International Law as Seen in by H.B. Jacobini

By H.B. Jacobini

One of the main unlucky evidence concerning the courting of the USA with Latin the USA is that purely in recent times has there been any considerable volume of highbrow interchange just about legislation. This, after all, is an instance of the relative loss of cultural alternate among those peoples. in simple terms in very fresh years has the North American curiosity in Latin the United States been in any feel common and energetic. whereas there are a couple of fresh volumes which debate quite a few facets of Latin American legislations in a manner calculated to curiosity the North American legal professional and academician, the Latin American contributions to and attitudes towards foreign legislations are almost unknown within the usa other than in very constrained quarters. as a result it used to be notion survey akin to the single provided the following might give a contribution not just to a greater below­ status of Latin American juristic inspiration as referring to foreign legislations, but in addition to a greater comprehension of felony concept regularly, and of Latin American tradition as a complete. The part of the philosophy of foreign legislation which, as regards to the neighborhood software right here studied, has been the main curiosity during this paintings, i.e., no matter if writers depend extra on naturalism or positivism because the philosophical beginning of the legislations of countries, is, just like the topic of Latin American legislation itself, a subject matter which has been missed by way of North American scholars.

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25-28. , p. 26. , p. 28. 111 III THE 19TH AND 20TH CENTURIES 33 of law or the doctrine of incorporation, is in practice that which states have tended to act upon, and it is related closely to the notion of national sovereignty with all the unfortunate ramifications of that conception. It is not odd, then, that dissatisfaction with the international status quo, including the dualistincorporationist thesis, came to be asserted by international law writers as well as by many who were interested in international relations from a non-juridical point of view.

In general these nineteenth century movements have carried on into the twentieth century wherein notable examples of each might be cited. Such compendia of state practices as JOHN BASSETT MOORE'S 101 (1860-1947) A Digest 0/ International Law, and GREEN HAYWOOD HACKWORTH'S 102 (1883) Digest 0/ International Law, also texts and treatises such as those by CHARLES GHEQUIERE FENWICK 103 (1880), GEORGE GRAFTON WILSON 104 (1863-1951), and CHARLES CHENEY HYDE 105 (r873I952) in the United States, and in England those of JAMES LESLIE BRIERLY 106 (r881) together with revisions of Oppenheim 107 and Hall 108 , these followed the positivist tradition.

1 On the clausula rebus sic stantibus see: Chesney Hill, The Doctrine of Rebus Sic Stantibus (Columbia, The University of Missouri, 1934); H. Lauterpacht, The Function of Law in the International Community (Oxford, Oxford University Press, 1933), pp. 270-285 et passim; Eduardo Jimenez de Arechaga, 'Existencia y caracter juridico del derecho internacional publico' Revista de dMecho inte7nacional Tomo LVII, PP· 205-207. Fenwick, loco lit. Joseph Florin and John H. I-31. Also John H. Herz, 'The National Socialist Doctrine of International Law and the Problems of International Organization' Political Science Quarterly, (December, 1939), pp.

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