Revolution in Domestic and International Legal Orders: Some Reflexions on the Stability of Legal Orders

In this brief study we would like to deal with one ofthe fundamental aspects of legal theory. Much has beenwritten about the nature and legal implicaHons of revolution in domestic law. Our intention is surely not to sum upthose theories, or even less to make a critical appraisaL.None the less, short developments of the topic are neededin order to pave the way for a comparaison with the revolutionary process in international legal order. Contrary torevolution in domestic law, to our knowledge, there is hardlya study dedicated to the concept of revolution in international law. The reason of this paucity lies perhaps in thevery nature of the international legal order, the structuresof which do not seem, at first sight, to square with theconcept of revolution. However, revalutian is inherent toany legal order and there is no reason to ignore it withrespect to the law of nations.By comparing the revolutionary process in domesticand in international law, one cannot but ascertain someobviousnesses stemming from differences of structure between the two legal orders. But, the comparison may revealsome other interesting points as to the respective stabilityand effectiveness of the municipal lawand the law of nations. That is the purpose of our study

Revolution in Domestic and International Legal Orders: Some Reflexions on the Stability of Legal Orders

In this brief study we would like to deal with one ofthe fundamental aspects of legal theory. Much has beenwritten about the nature and legal implicaHons of revolution in domestic law. Our intention is surely not to sum upthose theories, or even less to make a critical appraisaL.None the less, short developments of the topic are neededin order to pave the way for a comparaison with the revolutionary process in international legal order. Contrary torevolution in domestic law, to our knowledge, there is hardlya study dedicated to the concept of revolution in international law. The reason of this paucity lies perhaps in thevery nature of the international legal order, the structuresof which do not seem, at first sight, to square with theconcept of revolution. However, revalutian is inherent toany legal order and there is no reason to ignore it withrespect to the law of nations.By comparing the revolutionary process in domesticand in international law, one cannot but ascertain someobviousnesses stemming from differences of structure between the two legal orders. But, the comparison may revealsome other interesting points as to the respective stabilityand effectiveness of the municipal lawand the law of nations. That is the purpose of our study