International Law and the Natural Law Tradition: The Influence of Verdross and Kelsen on Legaz Lacambra

Abstract

This paper focuses on the Austrian legal theorists, Kelsen and Verdross, and their influence on the Spanish Philosopher of Law, Legaz Lacambra, in relation to the concept of International Law during the interwar period, and his basis in natural law tradition. Legaz visited Vienna twice between 1930 and 1932, studying under both Kelsen and Verdross. Following Verdross, he defended a position of moderate monism with regard to the position of International in relation to national Law. At the same time, the last source of International Law for Legaz is Natural Law as defined by scholars like Francisco de Vitoria and Francisco Suarez of the Spanish School. Meanwhile, Verdross’ intellectual development led him away from Kelsen’s strict monism and positivism, and he came to share the position of the Spanish School of Natural Law, seeking the last foundation of the principle Pacta sunt servanda in the doctrine of Ius Gentium. These ideas are still present in the debate about the role of International Law Organisations like the UN and in the contents of Universal Human Rights.