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Antonin Hobza - a Naive Utopian or a Cautious Realist?

Publication at Faculty of Law |
2016

Abstract

The article introduces the work of professor Antonin Hobza, a Czechoslovak expert on international law who lived in the first half of the 20th century. The first section presents and assesses Hobza's view of international law taking into account changes that have taken place in international law since Hobza's concerning its subjects, sources and fundamental principles.

The second sections gives an overview of Hobza's estimates for the future development of international law, concerning the relationship between natural law and positive law, the establishment of international institutions, including permanent international courts, changes with respect to the control and enforcement mechanisms and the relationship between international law and national legal orders. The article shows that although in his time, Hobza could have been seen as a naive utopian, from today's point of view, he rather scores as a cautious realist.

Having successfuly identified the main trends of the future development of international law, Hobza underestimated the rate and extent of this development.