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Case Comment Volume 5 Issue 1 1696 - 1701 February 9, 2022

A Direct Acknowledgement of the Positivist Theory of International Law: Colombia V. Peru, [1950] ICJ Rep 266

Lead author · Corresponding
Aaditya Chakraborti
Student at Rizvi Law College, India.
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.112702
Abstract

The nature of International Law is often divided into the Naturalist and the Positivist worldviews. The former professes the supremacy of the Law of Nature, whereas the latter champion the will of the sovereign State. Jurists have often exchanged arguments fervently supporting their causes for either side in attempts to present a realistic approach towards the chief characteristics of International Law. In the Asylum case, as it is now famously known, the International Court of Justice gives weight to the independent will of the defendant by endorsing its demurral towards Customary Law despite it being considered as a source of International Law.

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Case Comment
Information
International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 1696 - 1701
DOI: https://doij.org/10.10000/IJLMH.112702
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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