ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 1

Sir Thomas Holland, just as Austin, denies the legal character of international law and calls it as the “vanishing point of jurisprudence.”

Sir Frederick Pollock writes that “the only essential conditions for the existence of law are the existence of a political community, and the recognition by its members of settled rules binding upon them in that capacity, international law seems on the whole to satisfy these conditions” (1944).

The Kellogg-Briand Pact is a multilateral agreement condemning war. It grew out of a proposal by the French Premier, Aristide Briand, to the US government for a treaty outlawing war between the two countries.

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.

The theory of monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals.

According to the dualist theory, international law and municipal law operate on different levels. While international law regulates mainly the relations and obligations between sovereign States, municipal law operates and regulates the relations and obligations of individuals within a State.