The Concept of International Law: The German Perspective
Germany does not embrace a specific national concept of international law. However, when it arose anew as a democratic State after the horrors of the Second World War, it set forth in its Constitution, the Basic Law, key principles providing for full conf
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ropean International Law Traditions
European International Law Traditions
Peter Hilpold Editor
European International Law Traditions
Editor Peter Hilpold Italian Law University of Innsbruck Innsbruck, Austria
ISBN 978-3-030-52027-4 ISBN 978-3-030-52028-1 https://doi.org/10.1007/978-3-030-52028-1
(eBook)
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Preface
As is well-known, Hersch Lauterpacht praised International Law as “the only branch of law containing identical rules administered as such by the courts of all nations”.1 In more recent times, David Kennedy voiced the opinion that International Law is “different in different places”.2 Many international lawyers might already intuitively state that there is truth in both propositions. And if that is the case, if we need on the one hand a common legal order but on the other hand we have to admit that there are different understandings and interpretations when these norms are applied, then it might be interesting to bring light into this conundrum. At the same time, if we accept that the common language of international law is based on a rich diversity of different national perspectives, such an investigation can unearth inspiring insights into the cultural wealth on which these different approaches are based. Confronted both with the German (Austrian) and the Roman (Italian) legal tradition from the very beginnings of my legal education, I noticed from an early stage on the many differences in the way International Law issues are addressed in different European countries. In the last years, in orde
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