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Between Systematization and Expertise for Foreign Policy

  • German international legal scholarship has been known for its practice-oriented, doctrinal approach to international law. On the basis of archival material, this article tracks how this methodological take on international law developed in Germany between the 1920s and the 1980s. In 1924, as a reaction to the establishment of judicial institutions in the Treaty of Versailles, the German Reich founded the Kaiser Wilhelm Institute for Comparative Public Law and International Law. Director Viktor Bruns institutionalized the practice-oriented method to advance the idea of international law as a legal order as well as to safeguard the interests of the Weimar government before the various courts. Under National Socialism, members of the Institute provided legal justifications for Hitler’s increasingly radical foreign policy. At the same time, some of them did not engage with völkisch-racist theories, but systematized the existing ius in bello. After 1945, Hermann Mosler, as director of the renamed Max Planck Institute, took the view thatGerman international legal scholarship has been known for its practice-oriented, doctrinal approach to international law. On the basis of archival material, this article tracks how this methodological take on international law developed in Germany between the 1920s and the 1980s. In 1924, as a reaction to the establishment of judicial institutions in the Treaty of Versailles, the German Reich founded the Kaiser Wilhelm Institute for Comparative Public Law and International Law. Director Viktor Bruns institutionalized the practice-oriented method to advance the idea of international law as a legal order as well as to safeguard the interests of the Weimar government before the various courts. Under National Socialism, members of the Institute provided legal justifications for Hitler’s increasingly radical foreign policy. At the same time, some of them did not engage with völkisch-racist theories, but systematized the existing ius in bello. After 1945, Hermann Mosler, as director of the renamed Max Planck Institute, took the view that the practice-oriented approach was not as discredited as the more theoretical approach of völkisch international law. Furthermore, he regarded the method as a promising vehicle to support the policy of Westintegration of Konrad Adenauer. Also, he tried to promote the idea of ‘international society as a legal community’ by analysing international practice.show moreshow less

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Metadaten
Author details:Felix LangeGND
URN:urn:nbn:de:kobv:517-opus4-421895
DOI:https://doi.org/10.25932/publishup-42189
ISSN:2509-3770
ISSN:2509-3762
Title of parent work (English):KFG Working Paper Series
Subtitle (English):The Practice-Oriented Approach in Germany’s International Legal Scholarship (1920–1980)
Publication series (Volume number):KFG Working Paper Series (8)
Publication type:Working Paper
Language:English
Date of first publication:2018/11/02
Publication year:2018
Publishing institution:Universität Potsdam
Release date:2019/01/03
Issue:8
Number of pages:27
Source:First publication of the paper: DOI https://doi.org/10.2139/ssrn.3264046
RVK - Regensburg classification:PR 2058, PR 2159
Organizational units:Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?"
DDC classification:3 Sozialwissenschaften / 32 Politikwissenschaft / 320 Politikwissenschaft
3 Sozialwissenschaften / 34 Recht / 340 Recht
9 Geschichte und Geografie / 94 Geschichte Europas / 943 Geschichte Mitteleuropas; Deutschlands
Peer review:Nicht referiert
License (German):License LogoKeine öffentliche Lizenz: Unter Urheberrechtsschutz
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