The early decades of the twentieth century are usually described as marking a significant turn in the Italian doctrine of international law, as it moved from an uncertain landscape to the allegedly monolithic approach described in 1931 by Lauterpacht, who identified the Italian scholarship as a ‘rigid and frequently uncompromising positivist school in international law’. While his statement has some merits, this chapter seeks both to illustrate how such a shift originally came about, in contrast to the mixed theoretical approaches that characterized the previous decades, and, conversely, to emphasize the multifaceted perspectives that were effectively present in those decades, thus partly circumscribing Lauterpacht’s assertion.
Bartolini, G. (2020). Italian Legal Scholarship of International Law in the Early Decades of the Twentieth Century. In Giulio Bartolini (a cura di), A History of International Law in Italy (pp. 127-167). Oxford : Oxford University Press.
Italian Legal Scholarship of International Law in the Early Decades of the Twentieth Century
Bartolini
2020-01-01
Abstract
The early decades of the twentieth century are usually described as marking a significant turn in the Italian doctrine of international law, as it moved from an uncertain landscape to the allegedly monolithic approach described in 1931 by Lauterpacht, who identified the Italian scholarship as a ‘rigid and frequently uncompromising positivist school in international law’. While his statement has some merits, this chapter seeks both to illustrate how such a shift originally came about, in contrast to the mixed theoretical approaches that characterized the previous decades, and, conversely, to emphasize the multifaceted perspectives that were effectively present in those decades, thus partly circumscribing Lauterpacht’s assertion.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
