University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

235

Pages:

3
Author:

Namira A.

The Law of International Society: A Road Not Taken Date: October 2023 Presented by: Martti Koskenniemi International Law 1873- Institute de droit international: "the juridical conscience of the civilized world" - The project: liberalism and civilization - A Hierarchical Global order Staatswissenschaft & "External Public Law" 1788/1821 (G F von Martens) - "Modern European international law" - Post-1815 Restoration law based on treaties - European diplomacy as a legal system "External Public Law" & Civil Society  "Family - civil society - State;  Civil society as the "realm of need"  Global expansion of civil society  State as the superior realm (of freedom) Lorenz Von Stein 1842: Not Constitution But Society As Key To "Modern" Government 1. Life is labor, to labor is to realize "personality"; 2. "interests", "social movements"; 3. Society = conflict between those who own and those who doKlassenkonflikt"); not (" 4. Form of ownership determines nature of society 5. (monarchic) state mediates conflict; 6. Conflict spreads internationallyGrössengesetz (" der Kapitalien") Stein on "Völkerrecht" in 1845/47  Critique of States as legal subjects;  A new international world: Monroe doctrine, German  Customs Union, intensification of treaty-making  Trade treaties, MFN-clauses  Private relations (private international law)  "The unity of state life" - Civita’s maxima  Trade, travel, communication, "new forms of state life"  Völkergesellschaft (Society of nations) and eventual Staatenverein (international federation)" the highest moment and truth of State life..." Robert von Mohl 1851 'Gesellschaftswissenschaften und Staats- Wissenschaften'  "The word 'society' has sounded. It is spoken with great concern...It has become the keyword of struggles waged from speakers' podium..."  A new "Science of Society" is needed Von Mohl 1860: "Support of International Society as the task of International Law"  Need for a new scientific method State/society  Creation of a "Study of International Society" Lehre(" von der internationalen Gemeinschaft"  Social "associations" operate across boundaries  States to support these "associations", even foreign ones  Trade, industry, health, education, criminal assistance, treatment of migrants, refugees, stateless persons etc.  Traffic, railways, steamboats, telegraphs, post etc. Lorenz von Stein 1882 - "We are of the opinion that the time of oldVölkerrecht has passed, and the epoch of international Recht of the lives of peoples...will take over"; - "Internationalization of governance" - "Einige Bemerkungen über das internationale Recht", Schmollers Jahrbuch 1882 - "The object of the science of State is the whole external order into which the life of the people has been organized, its classes and circles. It treats the power relations in all social phenomena". - "All...institutions of common public life, such as municipalities or fragmentary political and associations or churches possess only a relative independence, and are always...subordinated to the State" Bluntschli's Significance  Mohl's successor in Heidelberg  Father of the locution "juridical conscience of the civilized world"  Leading authority ofStaatsrecht  One of the founders of the "Institute de droit international"  A locution embedded in the historical school's view of law