Resumen de « L’Etat X n’est pas membres des Nations Unies ; donc il ne doit pas respecter le droit international »: Variations sur un thème saugrenu
This contribution is based on the assumption that a State not member of the United Nations is not bound by international law (as was indeed suggested by one of my students in an exam, roughly ten years ago). Rather than dismissing the point, this essay takes it as the starting point for a legal analysis, unveiling progressively what type of consequences on the system of international law this statement would have if it were true. The question is tracked through the different areas of international law, for example the sources, the relationships of international and municipal, State responsibility, etc. The style of analysis is the one of the Roman School of international Law, around the late Judge Gaetano Morelli. It is a sort of tribute to that great master of International Law, written immediately after I had translated his "Notions of International Law".
