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Friedrich von Martens kui igusteadlane, jurist, poliitik ja humanist: tema t htsus t nap eva rahvusvahelises iguses ja rahvusvahelistes suhetes

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[Friedrich von Martens as a Legal Scholar, Lawyer, Politician and Humanist: His Importance in Contemporary International Law and Relations] This paper provides an overview and assessment of Friedrich Fromhold Martens’ work and writings. Martens, known as the author of the Martens’ clause, was often the Czarist Russia’s representative in the international arena, notably excepting the Dogger Bank incident. In his work, he distinguished “civilized” and “non-civilized”nations and argued that international law’s validity derives from the culture and legal consciousness of the former. However, when discussing “civilized nations” considerably more was encompassed than the European states. In the author’s opinion, the system of Martens’ treatise “International Law of the Civilized Nations” is superb, a model for later textbooks and treatises. Martens utilised “international governance”, which is a very modern term. He demonstrated a great grasp on history with many historical and sometimes critical remarks illustrating his treatise. Martens’ critical attitude towards jurists other than himself is noted.Similar lack of self-criticism is present in his analysis of the inter-state level —Martens criticized the British colonial empire yet overlooked the Russian Empire.As both a diplomat and a practitioner of international law, he was always protecting his native Russia’s interests. The author suggests that Martens was humanistic in his approach despite his acknowledged deficiencies.


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