善后计划。《新国际法律秩序的历史》，Kelsen, Lauterpacht and De Visscher著

IF 1.1 Q2 LAW

JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2023-02-02 DOI:10.1163/15718050-bja10084

J. Giltaij

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引用次数: 0

摘要

早在20世纪30年代，制定在第二次世界大战后建立国际法律秩序的计划就已司空见惯。这尤其让一群来自德语学术界的难民学者感到担忧。本文讨论了三位受到纳粹政权影响的学者的计划，他们分别是汉斯·凯尔森、赫施·劳特帕赫特和查尔斯·德·维舍。这篇文章比较了三位学者在1934年至1947年期间制定的计划，以及他们核心的历史叙述，并大胆回答了这样一个问题:这些叙述是否应该被视为“发明的传统”，还是学者们将它们视为战后国际法律秩序计划基础上的重要和关键的发展阶段。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Planning for the Aftermath. Longue Durée Histories for a New International Legal Order in Kelsen, Lauterpacht and De Visscher

As early as the 1930s, the development of plans for an international legal order to be created in the aftermath of the Second World War were commonplace. This particularly concerned a group of refugee scholars hailing from the German-speaking academic world. The plans of three scholars that were personally affected by the Nazi regime are discussed, those of Hans Kelsen, Hersch Lauterpacht and Charles De Visscher. This contribution compares the plans of the three scholars as formulated in the period between 1934 and 1947, as well as the historical narratives at their core, and ventures to answer the question whether these narratives should be seen as ‘invented traditions’ or that the scholars perceive them as significant and crucial stages of development at the basis of their plans for a post-War international legal order.

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来源期刊

JOURNAL OF THE HISTORY OF INTERNATIONAL LAW LAW-

CiteScore

0.90

自引率

14.30%

发文量

期刊介绍： The object of the Journal of the History of International Law/Revue d"histoire du droit international is to contribute to the effort to make intelligible the international legal past, however varied and eccentric it may be, to stimulate interest in the whys, the whats and wheres of international legal development, without projecting present relationships upon the past, and to promote the application of a sense of proportion to the study of current international legal problems. The aim of the Journal is to open fields of inquiry, to enable new questions to be asked, to be awake to and always aware of the plurality of human civilizations and cultures, past and present.