EMER DE VATTEL’S INPUT INTO DEVELOPMENT OF INTERNATIONAL LAW
( Pp. 396-399)

More about authors
Didmanidze Ulan Temurovich aspirant. Mesto ucheby: Rossiyskiy universitet druzhby narodov. Podrazdelenie: kafedra mezhdunarodnogo prava
Peoples’ Friendship University of Russia
Abstract:
Goal. The theoretical legacy of E. de Vattel on the sovereignty, national interest and the country as a whole had an impact on the ideology of the French Revolution. Vattel gave a precise and very typical definition of state sovereignty, and the traits that he has given this concept absent from the political philosophy of the famous French philosopher Jean Bodin. Philosophy E. de Vattel was deeply rooted in the ideology of the Enlightenment, which is intellectually prepared the ground for the French Revolution of 1789-1794. With this understanding of international law came to be regarded as a coherent concept, which coincides with the will of the state, and not as a godsend gift. Methodology. To achieve this goal within the framework of preparation of this article has been applied general scientific methodological approach that allows to determine the scope of the study, to clarify the basic concepts and categories related to the history of international law, to identify the key conceptual aspects of the research topic. The study used scientific methods of cognition, such as analysis and synthesis, generalization, dialectical. Widely used special methods of science: comparative law, legal and technical. Conclusions. E. de Vattel has made a contribution, primarily in support of the idea of ​​gaining full sovereignty of States. Although he called himself a supporter of the theory of natural law, his works E. de Vattel paved the way for legal positivism. E. de Vattel shared the views of H. Grotius as to what controls the affairs of human right given from above (ie, "higher law"), not a right created by the people themselves. E. de Vattel raised the role of the state and the state will at such a height that legal positivism - theory according to which the right is formed from the positive actions of the states - was the natural result of the expressed E. de Vattel ideology. Among his achievements is the fact that he has developed in more detail the question of methods of resolution of interstate disputes without resorting to war. This, of course, it was important to consider the issues related to the violation of international obligations of States, but little is added to G. Grotius developed the provisions of the use of war to resolve disputes and the methods of warfare. Possibility of future use of the results of scientific work. The analysis can form the basis of further research questions in the history of international law. The practical significance. Results of the study may be useful when considering contemporary issues of peace and war in international law. Value. The results can be used in the teaching of international law.
How to Cite:
Didmanidze U.T., (2016), EMER DE VATTEL’S INPUT INTO DEVELOPMENT OF INTERNATIONAL LAW. Gaps in Russian Legislation, 8 => 396-399.
Reference list:
Allot P. The Health of Nations: Society and Law Beyond the State. Cambridge: Cambridge University Press, 2002.
Elbe J. The Evolution of the Concept of the Just War in International Law // 33 American Journal of International Law, 1939.
Grewe W.G. The Epochs of International Law. Michael Byers trans., rev. 2000.
Gross L. Essays on International Law and Organization. Vol. 1. New York, 1984.
Nussbaum A. A Concise History of the Law of Nations 35. Rev. ed. 1954.
Vattel E. The Law of Nations or the Principles of Natural Law, Applied to the Conduct and to the Affairs of Nations and of Sovereigns / Charles G. Fenwick trans., 1916.
Winfield P.H. The Foundations and the Future of International Law. Cambridge: Cambridge University Press, 1941.
Vattel E. Pravo narodov ili Printsipy estestvennogo prava, primenyaemye k povedeniyu i delam natsiy i suverenov / Emer de Vattel . - M.: Gosyurizdat, 1960.
Grabar V.E. Materialy k istorii literatury mezhdunarodnogo prava v Rossii (1647-1917). M.: Izd-vo AN SSSR, 1958.
Ivanova M.I. Nadnatsional naya elita Evropeyskogo soyuza: ot vechnoy voyny k vechnomu miru // Pravo i upravlenie. XXI vek. 2015. № 4 (37). S. 105-110.
Keywords:
Emer de Vattel, the science of international law, war, just war, self defense, the state, the sovereignty of the state, public interest.


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