Abstract

I beg to remember that the starting point of my work was the idea that private and public international law, to which latter I do not reckon the positive law of wai. have the same nature and are two branches of one science. Private and public international law, according to my opinion, are nothing else but private law and public law, considered from the point of view of a juridical community larger than a State, a community embracing, in its utmost extension, entire mankind. The two branches of international law have therefore, the same foundation, viz. the juridical community of mankind. It is my conviction that the community, society or family of the States is not the true basis for international law. Such a community is too narrow for it. There are, undoubtedly, juridical relations between States, but these relations are not primary and fundamental, they are, on the contrary, deduced from other relations founded on a much deeper basis, the juridical community of mankind, on which the whole body of human society is established.

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