030538 KU The Austrian tradition of international law? (2023W)

The main objective of this course is to explore the question, whether we may speak of a distinct Austrian tradition of international law and if so, what may constitute such a distinct Austrian tradition of international law. The course starts with a critical discussion of classical modern international law as it has emerged in the 19th and 20th century with the sovereign territorial state as its key building block. From there it moves on to a discussion of the „meaning of Austria/Austrian“ (Grete Walter-Klingenstein) and its possible uses for the delineation of a distinct Austrian tradition of international law.
The course explores legal personalities in international law, practices of international law, sources of international law and the jurisprudence of international law from an Austrian perspective on the basis of selected examples. The course addresses the question of legal personalities in international law focusing a) on the basis of the subjects of the law of nations, which can be identified in Jean Dumon’s Corps universel diplomatique du droit des gens, the most Habsburg as well as most comprehensive collection of positive treaty law prior to Martens and b) the partial empowerment of national minorities by the League of Nations in the inter-war period. With regard to the practices of international law the course looks at international cooperation from the Congress of Vienna to the role of the Republic of Austria in the United Nations, examples for international intervention, administration, protection and diplomatic missions like the Sixtus-Affair. As to the sources of international law the course focuses on international customary law. Returning to the questions posed at the beginning the course concludes by exploring a) the writings of Austrian protagonists of law from Jean Dumont to Charles Henry Alexandrowicz, Stephan Verosta, Hans Kelsen, Alfred Verdross, Ignaz Seidl-Hohenveldern and Bruno Simma, b) the avenues of the academic and political debate such as the reviews Zeitschrift für öffentliches Recht (ZöR) or Nation und Staat, and c) the modes of teaching international law in the Habsburg parts oft he Holy Roman Empire, the Habsburg Empire and its successor states.