The Equality Of States In International Law Volume 3

Paperback | October 12, 2012

byEdwin de Witt Dickinson

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... CHAPTER IX CONCLUSIONS The principle of state equality in international law was a creation of the publicists. It was derived from the application to nations of theories of natural law, the state of nature, and natural equality. An analogy was drawn between nations in international society and men in a state of nature. Thus the natural law became the law of nations, international society was regarded as a state of nature, and nations were presumed to enjoy a perfect equality of natural rights. The conception of state equality was first developed as part of a coherent theory by the naturalists of the seventeenth and eighteenth centuries. Grotius neither discussed the conception nor based his system upon it. It was not established by the Peace of Westphalia. It had its beginning as a naturalist doctrine in the writings of that school of publicists who acknowledged the leadership of Pufendorf and the inspiration of Thomas Hobbes. The early positivists developed no such conception. It was not until the middle of the eighteenth century, in the period of Burlamaqui, Vattel, Wolff, and Moser, that publicists of all schools included the equality of states among their leading principles. Once established by the process of reasoning summarized above, the principle was reenforced by theories of sovereignty. The absolute equality of sovereign states became one of the primary postulates of le droit des gens Iheorique. The principle of equality has an important legal significance in the modern law of nations. It is the expression of two important legal principles. The first of these may be called the equal protection of the law or equality before the law. States are equal before the law when they are equally protected in the enjoyment of their rights...

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ... CHAPTER IX CONCLUSIONS The principle of state equality in international law was a creation of the publicists. ...

Format:PaperbackDimensions:154 pages, 9.69 × 7.44 × 0.33 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:021711394X

ISBN - 13:9780217113946

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