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The Position of the Individual in International Law according to Grotius and Vattel (Paperback, Softcover reprint of the original 1st ed. 1960)
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The Position of the Individual in International Law according to Grotius and Vattel (Paperback, Softcover reprint of the original 1st ed. 1960)
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According to democratic theory the state is for man not man for the
state. This theory has been implemented by bills of rights in many
national constitutions giving the individual a legal opportunity to
redress abuses by his state. In Federal Consti tutions, however,
difficulties have been faced when central au thority seeks to
enforce the standards of the constitution against the legislation
and customs of the constituent states. The latter habitually
resist, proclaiming the virtues of horne rule and local
self-govemment, also supported by democratic theory. Thus the
opposition of man versus the state develops into a double op
position of man versus the state and the state versus the super
state. To what extent should the super-state take the part of man
demanding respect for human rights, or of the state demand ing
self-govemment, when the two conflict? The failure to solve this
problem precipitated the American Civil War and continues to
agitate American politics. Should the human right of equal
educational opportunities prevail over the "State's Right" of
autonomy in the organization of its schools? The same problem
appears in more virulent form in the efforts of the United Nations
to "promote respect for human rights and for fundamental freedoms
for all without distinction as to race, sex, language or religion"
without "intervening in matters which are essentially within the
domestic jurisdiction of any state."
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