Chapter V: The Doctrine of Acquired Rights in Cases of State Succession. Status, Content, Value, Limits and Potential

Abstract

Law must be based on facts -sociological, historical and others -and it must take facts into account. But it can never be a mere reflection of them. " 2023 A) Preliminary Remarks 2031 ICJ Statute (n 503). 2032 The attribute "recognized by civilized nations" has become obsolete by today as all nations are considered "civilized"; for many ILC, 'First Report on General Principles of Law (Vázquez-Bermúdez, Special Rapporteur)' (5 April 2019) UN Doc. A/CN.4/732 paras. 178-186; Thirlway (n 266) 108; Alain Pellet and Daniel Müller, ' Article 38' in Andreas Zimmermann and others (eds), The Statute of the International Court of Justice: A Commentary (3rd ed. OUP 2019) para. 262. Therefore, the ILC now speaks of "the community of nations" which must recognize a general principle, ILC, 'Report on the Work of Seventy-Second Session (2021)' (2021) UN Doc. A/76/10 172.