Argumentos de derecho romano en el actual derecho internacional : ocupación y prescripción adquisitiva
In his Private Law Sources and Analogies of International Law (1927),\nHersch Lauterpacht claimed that many rules and concepts of international law stemmed\nfrom private law. He also showed that it was common practice in international\nadjudication and arbitration to look for inspiration there. The...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2013
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/lye/revistas/lecciones_y_ensayos_nro_0091.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=revis&cl=CL1&d=HWA_913 http://repositoriouba.sisbi.uba.ar/gsdl/collect/pderecho/lecciones/index/assoc/HWA_913.dir/913.PDF |
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| Sumario: | In his Private Law Sources and Analogies of International Law (1927),\nHersch Lauterpacht claimed that many rules and concepts of international law stemmed\nfrom private law. He also showed that it was common practice in international\nadjudication and arbitration to look for inspiration there. The rules of private law that had found their way to international law were often common to the great municipal law\nsystems. Many had their origins in Roman private law. This article examines whether\nand how the International Court of Justice has made use of Roman law rules and concepts.\nRoman law can be thought to fulfil its role as a source of inspiration for international\nlaw in three ways. First, it might have served as a direct historical source during\nthe formative period of the modern law of nations. Second, it might have served as an\nindirect historical source because of its enduring impact on the great municipal law\nsystems afterwards. Thirdly, it might still be considered ratio scripta, the expression of\na timeless and universal law. For the purpose of examining which of these roles Roman\nlaw plays in the eyes of the ICJ, the analysis is restricted to two examples of private\nlaw analogies: occupation of terra nullius and acquisitive prescription |
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