
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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1. History 1. History
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2. Sources 2. Sources
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II. Earlier Conceptions of the Role of History as a Source of Law and of International Law II. Earlier Conceptions of the Role of History as a Source of Law and of International Law
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III. Later Conceptions on the Role of History as a Source of International Law III. Later Conceptions on the Role of History as a Source of International Law
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IV. Positive Norms of International Law Referring to History as a Legal Fact IV. Positive Norms of International Law Referring to History as a Legal Fact
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1. Customary international law 1. Customary international law
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2. Historic Interpretation 2. Historic Interpretation
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3. Historic titles 3. Historic titles
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V. History as a Source of Legal Culture V. History as a Source of Legal Culture
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V. Conclusion V. Conclusion
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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13 Legal History as a Source of International Law: From Classical to Modern International Law
Get accessRobert Kolb Professor of International Law at the University of Geneva, Switzerland.
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Published:05 February 2018
Cite
Abstract
This chapter examines to what extent ‘history’ can be considered a source of international law. It argues, in a classical way, that history is a material source of international law, though the chapter also examines some norms of positive international law which refer to historical facts. It first casts the question of history as a source of international law in its historical context. Classical international law, with its much greater emphasis on history as a factor of account, stands to by analysed, with reasons for the differences with today investigated. Hereafter, the chapter attends to the main expressions of ‘history as a source’ in the positive international law of today. Finally, the chapter considers the structural effects of historical facts and arguments on the interpreter.
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