Collected Courses of the Hague Academy of International Law

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Droits et devoirs des nations La théorie classique des droits Fondamentaux des États (Volume 10)

(22,017 words)

Author(s): Gidel, Gilbert
Gidel, Gilbert Keywords: Rights and duties of States | Mots clefs: Droits et devoirs des Etats | ABSTRACT It is surprising, says Gilbert Gide, that given a formidable nature of the fundamental rights of States and given the agreement that reigns over an eminent role they play in international law, the authors do not agree on their enumeration. Having said this, five main rights emerge and are found in all doctrines: the rights of conservation, independence, equality, respect, and international trade. After a presentation of the classical theory of fundamental rights of States, the author presents the historical factors of the theory of these fundamental rights, and then their doctrinal factors. The author later studies the theory of the fundamental rights of states at a few characteristic moments of their development, followed by natural law in the nineteenth century and reactions against the doctrines of Vattel, and finally presents an assessment of the p…