International Law in its Relation to Constitutional Law
In: American journal of international law: AJIL, Band 17, Heft 2, S. 234-244
ISSN: 2161-7953
The traditional treatment of international law has almost if not wholly dissociated it from constitutional law. International law has been conceived as concerned only with the abstractions known as states—Platonic ideas, as it were, which could not be seen or felt but had their existence in a world apart, inhabited only by other abstractions such as sovereignty, independence and equality. The extent of a state's territory, the character of its people, or its form of government was no concern of international law." Relative magnitude creates no distinction of right, relative imbecility whether permanent or casual, gives no additional right to the more powerful neighbor," said Lord Stowell. " Russia and Geneva have equal rights," repeated Chief Justice Marshall.