The European Tradition in International Law : Charles de Visscher

• Dupuy, P-M

Abstract

Charles de Visscher, in direct contrast to Hans Kelsen, did not believe in any 'pure theory of law', since for him the relationship between law and politics is a key feature of international law. However, contrary to certain current tendencies, his work does not start from an evasive 'sociological' perspective, the scientific status of which can barely be traced. Trained in the most classical humanistic tradition, but, at the same time, deeply influenced by the 'Personalism' of Emmanuel Mounier, a prominent figure of Christian existentialism, Charles de Visscher remains a jurist, in the technical sense of the term, able to master every aspect of legal interstate relations. Being a formal technician, law is both a tool for international politics and for the promotion of common values. Nevertheless, he provides one of the best examples, among the diverse European internationalists, of the fact that one can (and, I would add, should), be both a technician of the law and an analyst of what de Visscher called its 'human ends', emphasizing, more than 60 years ago, but, even more, after the adoption of the UN Charter in 1945, the basic role played by the protection of human rights as one of the fundaments of international law. Reconciling consideration of political reality, formal analysis and fundamental ethics, Charles de Visscher still provides us with an answer to current trends which schematically oppose 'realists' and 'liberals'. Charles de Visscher would probably have agreed that the analysis of international law should give greater respect to nuance. This remains, in general, the prevailing view among European internationalists.