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By H.B. Jacobini

One of the main unlucky proof concerning the dating of the us with Latin the United States is that purely lately has there been any considerable quantity of highbrow interchange near to legislations. This, after all, is an instance of the relative loss of cultural alternate among those peoples. simply in very contemporary years has the North American curiosity in Latin the US been in any feel common and energetic. whereas there are a couple of contemporary volumes which debate a variety of facets of Latin American legislation in a way calculated to curiosity the North American legal professional and academician, the Latin American contributions to and attitudes towards foreign legislations are nearly unknown within the usa other than in very constrained quarters. accordingly it was once inspiration survey resembling the single provided the following could give a contribution not just to a greater below­ status of Latin American juristic concept as referring to overseas legislations, but additionally to a greater comprehension of criminal conception often, and of Latin American tradition as an entire. The part of the philosophy of overseas legislation which, with regards to the neighborhood program right here studied, has been the foremost curiosity during this paintings, i.e., even if writers count extra on naturalism or positivism because the philosophical origin of the legislation of countries, is, just like the subject of Latin American legislation itself, an issue which has been ignored through North American scholars.

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Additional resources for A Study of the Philosophy of International Law as Seen in Works of Latin American Writers

Sample text

P. 152. Also Lon L. 109-II3. 3 34 GENERAL PHILOSOPHICAL BACKGROUND fundamental postulate that international legal custom is binding 136 as such, hence the binding nature of general international law including the principle, pacta sunt servanda. General international law also gives validity to national constitutions that in tum validate national laws, and so on down the line 136. In as much as the system of legal norms embraces all levels of law, this, like Krabbe's conception, is usually called "monist".

He seems to put international law in somewhat the same category as constitutional law, and then points out that the force of public opinion, while not great, is nevertheless taken into consideration by governments 45. As to sources, he mentions treaties, compilations of treaties, O. 896), p. I I . , p. 14 . , p. 60 . , p. 12. U G. Bourdon-Viane, Compendio de derecho internacional publico (Santiago de Chile, Imp. , p. 10. 4 50 WRITERS OF THE 19TH CENTURY: THE ECLECTICS national laws, customary laws, and works of the publicists 46.

Jessup emphasizes that international law must be reorganized to apply to individuals directly and, in addition, that solidarity must be achieved to the extent that breaches of the law are considered as affronteries to all nations 146. Lauterpacht, in a somewhat similar vein, has been concerned in recent years with the international rights of man, and seems to see the international personality and the more or less natural rights of man progressively coming into their own on the international scene by means of changing usages and under the auspices of the United Nations Organization and of the Council of Europe 147.

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