Seliverstov, M.V. Doctrine as a source of international law (scientific approach of German lawyers)

Abstract: The article is devoted to the study of the issues regarding the approach of German lawyers to doctrine as one of the sources of international law. The German legal system does not recognize doctrine as a formal source of law, but it is recognized as a existing accessorial source of law, which possesses de facto influence on it. The influence of doctrines of the most highly regarded scholars on the formation of the norms of international law may be implemented in various ways, and it may be reflected in the decisions of international court as means of peaceful resolution of disputes, in signing of international treaties, and in exceptional circumstances based upon the generally accepted positions on the formation of such norms, as well as in unilateral statements of heads of the state. The author correlates legal, ideological and political aspects of doctrine. He studies evolution of this source of law based upon scientific works of German lawyers of XVII – XIX centuries. He analyzes the doctrines of “external state law”, “eternal peace”, “ formation of international legal obligations out of wrongful acts”, etc. The author concludes that the modern international law may be characterized by formation of a large number of doctrines and interpretations in order to establish the generally valid norms of international law, and the growing number of contradictions in the international legal norms is what follows from it. Taking into account that each of those persons interpreting the norms (consciously or unconsciously) supports the position, which is profitable for his state or political government, the role of doctrine is being forfeited.

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