Jean-Louis Halpérin

The Status of the Free City of Danzig and of its Constitution (1919-1939). An Analysis of the Legal Debates in the Perspective of Kelsen’s Ideas

  • Abstract

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Keywords: Danzig, International Law, State, Kelsen, Campagnolo, Anzilotti

The international status of Danzig was a subject of great controversy during the interwar period. Although Kelsen did not publish any text on this subject, his views were subsequently reported by Umberto Campagnolo. According to Kelsen, Danzig was a State under international law and remained as such even if it was not recognized by other States or did not respect the treaties. This paper tries to explain Kelsen’s audacious thesis through the doctrinal and judicial debates surrounding his analysis. Even if Kelsen’s analysis was unknown at the time, a hidden thread seems to appear between the contemporary debates concerning Danzig and his opinion about the status of the State and of international law.

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