%0 Journal Article
%T Friedrich von Martens kui  igusteadlane, jurist, poliitik ja humanist: tema t htsus t nap eva rahvusvahelises  iguses ja rahvusvahelistes suhetes
%A Henn-J¨¹ri Uibopuu
%J Acta Societatis Martensis
%D 2006
%I 
%X [Friedrich von Martens as a Legal Scholar, Lawyer, Politician and Humanist: His Importance in Contemporary International Law and Relations] This paper provides an overview and assessment of Friedrich Fromhold Martens¡¯ work and writings. Martens, known as the author of the Martens¡¯ clause, was often the Czarist Russia¡¯s representative in the international arena, notably excepting the Dogger Bank incident. In his work, he distinguished ¡°civilized¡± and ¡°non-civilized¡±nations and argued that international law¡¯s validity derives from the culture and legal consciousness of the former. However, when discussing ¡°civilized nations¡± considerably more was encompassed than the European states. In the author¡¯s opinion, the system of Martens¡¯ treatise ¡°International Law of the Civilized Nations¡± is superb, a model for later textbooks and treatises. Martens utilised ¡°international governance¡±, which is a very modern term. He demonstrated a great grasp on history with many historical and sometimes critical remarks illustrating his treatise. Martens¡¯ critical attitude towards jurists other than himself is noted.Similar lack of self-criticism is present in his analysis of the inter-state level ¡ªMartens criticized the British colonial empire yet overlooked the Russian Empire.As both a diplomat and a practitioner of international law, he was always protecting his native Russia¡¯s interests. The author suggests that Martens was humanistic in his approach despite his acknowledged deficiencies.
%U http://www.martens.ee/acta/2/026-047_Uibopuu.pdf