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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Cornelius Van Bynkershoek

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ISBN13: 9789041105998
ISBN: 9041105999
Published: August 1998
Publisher: Brill Academic Publishers
Format: Hardback
Price: £155.00

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The primary aim of this work is to present a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743), an eminent Dutch jurist known traditionally as a ""positivist"", in the history of international law. However, it goes beyond an analysis of the ""classics"" per se and attempts to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice, and the re-consideration of methodological differences among historical figures like Grotius, Pufendorf and Vattel. In addition to these questions, the work also covers some fundamental problems of international law in general, such as the meaning of positivism and positive law, and the function of reason.;To discuss these issues, the work is divided into three main parts. The construction of Bynkershoek's general theory of the law of nations is covered in the first part. The second offers an overview and analysis of the contemporary practice relevant to his theories on the law of neutral commerce. The final part discusses the ""geneology"" of Bynkershoek's works, namely his relation to Grotius and to his later generation of publicists.

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Part 1 Theory per se - Bynkershoek's theory of ""jus gentium"": the definition of ""jus gentium""; the source of ""jus gentium"" -Bynkershoek's concept of ""Usus"", ""Consuetudo"" and ""Mores""; the source of ""jus gentium"" - Bynkershoek's concept of ""agreement""; the subject of ""jus gentium""; ""ratio"" as used by Bynkershoek.
Part 2 Method - Bynkershoek's opinion and the Dutch practice: Dutch policy on neutral commerce in the 17th century - a review of Bynkershoek's theory; Dutch policy on contraband in the 17th century - treatment of naval stores and Bynkershoek's theory.
Part 3 Genealogy - Bynkershoek's works in the stream of legal thoughts of the law of nations: Bynkershoek and Grotius; Bynkershoek and Vattel; Bynkershoek and Anglo-American jurisprudence; conclusion.