Private law sources and analogies of international law

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private law sources and analogies of international law

Hersch Lauterpacht Quotes (Author of Private Law Sources And Analogies Of International Law)

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IR 303 - Lec02 - Sources of International Law

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Is this failure on the part of positivist writers to conform with the chief postulates of their own teaching merely a deplorable lack of consistency, or is it due to a fault inherent in the positivist doctrine? The charge of inconsistency may be ruled out in view of the offence being committed so persistently by leading authorities, of whom Hall, Oppenheim, and Liszt have been mentioned only as typical instances. We are aided in this inquiry by a searching analysis of this side of the problem undertaken by Kelsen and Duguit, two publicists whose influence on the science of international law is now generally recognised. Kelsen points out that the con- 55 ception of a community of States which, notwithstanding actual differences in size, population, and real power, are deemed to be of the sane value and possessed of mutually determined competencies, is in the first instance an essentially moral conception. As a legal notion, however, it is possible only with the aid of a juridical hypothesis, namely, that.

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Hersch Lauterpacht. Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht [], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law.

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  1. Private law analogies in international law. Lauterpacht, Hersch () Private law analogies in international law. PhD thesis, The London School of Economics .

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