- Tytuł:
- The Method of New Positivism as Elaborated by Ludwik Ehrlich
- Autorzy:
- Hachkevych, Andrii
- Powiązania:
- https://bibliotekanauki.pl/articles/706694.pdf
- Data publikacji:
- 2019-09-01
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
Ludwik Ehrlich
Polish science of international law
principle of good faith
new positivism
case law
international responsibility - Opis:
- This article is an attempt to identify the essence of new positivism, described by Ludwik Ehrlich as a method of interpretation of international law. The evolution of his views on international law is examined with respect to the place of this method from the beginning of 1920s until his retirement in 1961. The article expounds on both the theoretical and methodological aspects of new positivism, according to which judicial decisions should be taken into account in addition to international treaties and customs for the determination of international law. The question of the obligatory force of international law is discussed as being related to the principle of good faith, which is at the core of Ehrlich’s views on international law. The article offers suggestions on how the method of new positivism might be used and what tasks it can fulfil today. It also makes an attempt to critically analyse Ehrlich’s method and to characterize it both in general and in the context of the theory of international law.
- Źródło:
-
Polish Yearbook of International Law; 2018, 38; 99-113
0554-498X - Pojawia się w:
- Polish Yearbook of International Law
- Dostawca treści:
- Biblioteka Nauki
Artykuł