Transnational Law

Transnational Law

Transnational Law

Transnational Law

Excerpt

The subject to which these chapters are addressed is the law applicable to the complex interrelated world community which may be described as beginning with the individual and reaching on up to the so-called "family of nations" or "society of states." Human society in its development since the end of the feudal period has placed special emphasis on the national state, and we have not yet reached the stage of a world state. These facts must be taken into account, but the state, in whatever form, is not the only group with which we are concerned. The problems to be examined are in large part those which are usually called international, and the law to be examined consists of the rules applicable to these problems. But the term "international" is misleading since it suggests that one is concerned only with the relations of one nation (or state) to other nations (or states).

Part of the difficulty in analyzing the problems of the world community and the law regulating them is the lack of an appropriate word or term for the rules we are discussing. Just as the word "international" is inadequate to describe the problem, so the term "international law" will not do. Georges Scelle seeks to meet the difficulty by using the term droit des gens, "not taken exclusively in its Latin etymology, which still implies the notion of a collectivity, but . . .

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