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Resumen de Il Trattato di Qadesh: dimostrazioni di forza, appeasement, propaganda. Alle origini del diritto internazionale

Giancarlo Guarino

  • The scope of this paper is to show that the aspirations of States did not change over time as far as their aims, their means and ultimately their propaganda are concerned. In the past, as much as today, the recognition is anything but constitutive. It was, and it still is, an acknowledgement of what appears to be a de facto reality. Not all subjects of International law were and are equal; in fact, what today is known as a “limited sovereignty” in the past it was known as vassalage. Through that analysis, the aim is to find confirmation of the existence of the International Community, accepted and recognized by all subjects, more or less important, a universal community, in the sense that new subjects can flow in by accepting and contributing to the proliferation of the rules of mutual coexistence, including those on the conduct of war, a revolutionary as well as a constructive act of the Community. Moreover, it is important to find if international law is the capacity of self-imposed and selfformed bodies, to enter into a relationship between them and to execute rules that they themselves have contracted and others that derive from something external to them, even if they consider them of divine origin, that law, it seems to me, was substantially identical to that of today, even in some of its foundations, and therefore it determined today’s conformation and therefore induces to confirm the idea that the state is not essential to international law as an organization, but a body of its own, acting on an equal footing, accepted, with others for the realization of individual and collective ends.


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