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 in regards to the dating of the USA with Latin the US is that purely lately has there been any considerable quantity of highbrow interchange with regards to legislation. 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 normal and energetic. whereas there are a couple of contemporary volumes which debate numerous points of Latin American legislations in a way calculated to curiosity the North American legal professional and academician, the Latin American contributions to and attitudes towards overseas legislation are almost unknown within the usa other than in very limited quarters. hence it was once notion survey similar to the single offered right here might give a contribution not just to a greater lower than­ status of Latin American juristic inspiration as touching on overseas legislations, but additionally to a greater comprehension of criminal concept commonly, and of Latin American tradition as a complete. The section of the philosophy of overseas legislations which, as regards to the local program the following studied, has been the main curiosity during this paintings, i.e., no matter if writers count extra on naturalism or positivism because the philosophical beginning of the legislations of countries, is, just like the subject of Latin American legislations itself, a subject matter which has been missed by way of North American scholars.

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In the case mentioned above the executive remitted the fine in conformity with England's obligations under international law 189. , p. II. , p. 12. III Brierly, op. , pp. 77-84. 1M Edwin D. 260. 244. III Fenwick, op. , pp. 87-97 . 14 Scots L. T. R. 227 (1906). Also Charles G. Fenwick, Cases on International Law. (Chicago, Callaghan and Company, 1935), pp. 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.

X (Santiago de Chile. Impreso por Pedro G. Ramirez, 188S). XIV. 40 WRITERS OF THE 19TH CENTURY: THE POSITIVISTS Bello thought more idiomatic 3. This is the edition reprinted in the Obras comptetas and the one used in this study. The work follows generally the plan of Vattel " but a great emphasis has been placed on positivism. It has been highly influential in Latin America, as any survey of the works of Latin American publicists will indicate. It is apparent from the deference shown them by other writers that Bello along with Calvo were most probably the two best known writers of their region during the last century, and it may be noted that the American, Henry Wheaton, held the former in the highest esteem 6.

Pp. 132-135. 1&1 • &1 36 GENERAL PHILOSOPHICAL BACKGROUND Recent works of PHILIP JESSUP (I897) and of HERSH LAUTERPACHT (I897) have lent further weight to this important development. 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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