Revolution in Domestic and International Legal Orders: Some Reflexions on the Stability of Legal Orders

Authors : Ruşen ERGEÇ

Pages : 46-50

Doi:10.1501/Intrel_0000000233

View : 14 | Download : 11

Publication Date : 1980-05-01

Article Type : Research Paper

Abstract :In this brief study we would like to deal with one of the fundamental aspects of legal theory. Much has been written about the nature and legal implicaHons of revolution in domestic law. Our intention is surely not to sum up those theories, or even less to make a critical appraisaL. None the less, short developments of the topic are needed in order to pave the way for a comparaison with the revolutionary process in international legal order. Contrary to revolution in domestic law, to our knowledge, there is hardly a study dedicated to the concept of revolution in international law. The reason of this paucity lies perhaps in the very nature of the international legal order, the structures of which do not seem, at first sight, to square with the concept of revolution. However, revalutian is inherent to any legal order and there is no reason to ignore it with respect to the law of nations. By comparing the revolutionary process in domestic and in international law, one cannot but ascertain some obviousnesses stemming from differences of structure between the two legal orders. But, the comparison may reveal some other interesting points as to the respective stability and effectiveness of the municipal lawand the law of nations. That is the purpose of our study
Keywords : Revolution, Domestic, International Legal Order, Reflexion