International Law and Justice Working Papers - IILJ
International Law and Justice Working Papers - IILJ
International Law and Justice Working Papers - IILJ
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“A lot has been counted as international law what is not at all law but that belongs to<br />
international relations. It is completely overlooked that international law is shaped by different<br />
principles <strong>and</strong> not every international maxim is a legal one. Thus, political <strong>and</strong> legal are not<br />
clearly separated either in historical works or in most systems or individual studies on<br />
international law.” 45<br />
“Every law <strong>and</strong> so also international law has no bigger enemy than the phrase <strong>and</strong> with phrases<br />
has international law been overwhelmed – but it emancipated from the phrases <strong>and</strong> it will st<strong>and</strong><br />
there asking recognition <strong>and</strong> equal to other disciplines of law – as a law.(…) The main thing in<br />
international law is the law through which it can be distinguished from foreign policy which may<br />
not do anything against the law but to which nevertheless remain enough tasks. If the theory<br />
does not distinguish clearly both fields of law <strong>and</strong> politics <strong>and</strong> their subjects from each other,<br />
how can this be expected from the practice?” 46<br />
“The material of international law is a legal one, as should be self evident with a legal<br />
discipline, although oftentimes political is mixed in international law. But legal <strong>and</strong> political<br />
have to be differentiated as unconditional <strong>and</strong> conditional. The law establishes <strong>and</strong> does not<br />
leave a choice, politics offers different means to a goal <strong>and</strong> leaves the choice free. What is<br />
different in principle does not suit in the same system: the legal belongs to international law, the<br />
political to external politics”. 47<br />
45 Praxis, Theorie (1874), p. 94-95.<br />
46 Praxis, Theorie, pp 96-97.<br />
47 Ibid., p. 143.