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19 SYIL 1 (2015)

handle is hein.intyb/spanyb0019 and id is 1 raw text is: I % NI ABO A debate over International Economic Law: the discussion between Adolfo MIAJA DE LA MUELA and Mariano AGUILAR NAVARRO in 1971/72 Oriol CASANOVAS Y LA ROSA* In the Spanish doctrine of international law, debates over issues related to the international legal order are quite rare. This dearth of polemics may be the result of a certain uniformity in the theoretical approach taken to legal questions, due to their shared foundations in Roman law doctrine, updated by means of European doctrinal contributions, especially from Italy and Germany. More circumstantially, it might be due to the competitive nature of the processes by which university professorships are obtained, which has encouraged candidates to be cautious in their theoretical approaches, in order to avoid conflict with the committee members responsible for deciding the outcomes of these processes, as well as with potential future academic colleagues. The debate over international economic law between Adolfo MIAJA DE LA MUELA and Mariano AGUILAR NAVARRO, which took place between 1971 and 197z, was the result of a modest syllabus reform at the Faculty of Law at the University of Valencia that prompted a professor there to propose and advocate the introduction of a subject on international economic law. In the i5os and 196os, authors such as Georg Schwarzenberger, Clive M. Schmitthoff, Georg Erler, and Pierre Vellas, amongst others, had drawn attention to the unique features, and even the autonomy, of a new branch of international law regulating economic relations known as international economic law (derecho internacional econ6mico, Internationales Wirtschaftsrecht, droit international economique or droit economique international). The debate between Miaja de la Muela and Aguilar Navarro was contemporaneous with the symposium held by the Societe fran~aise pour le droit international in Orleans in 1971 under the title Aspects of International Economic Law, a fact that serves to underscore the relevance and controversial nature of the question at the time.' Miaja de la Muela (19c8-1981) was a jurist who completed his training in the period prior to the Spanish Civil War; by the time the war broke out, he already held the chair in public and private international law at the Faculty of Law at the University of Santiago de Compostela. The civil war truncated his academic career, as he was imprisoned for nearly five years for his republican ideas. He was removed from the chair until 195z, during which period he taught private classes to get by. In 1953, he accepted a teaching position at the University of Valencia, Former Professor of Public International Law, University Pompeu Fabra, Barcelona. In the selected excerpts of the texts, it has been kept the original order, numeration of footnotes, etc. Soci&6 fran~aise pour le droit international, Aspects du droit international iconomique. tlaboration, contr6le, sanction. Actes du Ve Colloque d'Orlians, 25-26-27 Mai 1971 (Editions A. Pedone, Paris, 1972).

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