One of the modern fathers of federalism was French.

Hello everyone,

The APROFED association is back this week to introduce you to one of the fathers of the concept of federalism in the 20th century, Georges Scelle, a Frenchman (see Georges Scelle — Wikipedia ).

French jurist and professor of law, Georges Scelle is recognized as the author of the theory of the federal state (see Federalism — Wikipedia ) which, according to him, is characterized by 3 principles :

– the principle of overlap: state powers are divided between the federal government and the governments of the federated states;

– the principle of autonomy  : each order of government is autonomous or “sovereign” within its area of ​​jurisdiction;

– and the principle of participation  : the federated entities are represented and participate in federal decisions, often through bicameralism at the federal level. One chamber then represents the federated states, while the other chamber represents the entire population of the federal territory.

A specialist in international law, Georges Scelle believed in the emergence of an international legal order based on transcending national sovereignty and on federalism, as well as on association (see UN: an institution to be reformed on the federal model – APROFED ). He was also the author of numerous important works on the necessity of a European federation capable of averting the dangers of another catastrophe (war). He welcomed the creation of the League of Nations and then the UN, in which he participated, even though he felt they did not go far enough.

Indeed, he was in favor of a federal organization of international society , particularly after the First World War, in order to avoid a new conflict through a more integrated organization of states.

Scelle argues that international law arises from the social needs of the international community , not solely from the will of states. He seeks to explain how an international community can be legally organized without a state or world government , while still maintaining a degree of unity.

In Scelle’s view, states retain political and administrative autonomy . This means that:

• • Each state remains responsible for its internal affairs.

• • it retains its institutions and its political organization

• • He participates voluntarily in international structures.

However, this autonomy is not absolute . It is limited by:

• • the demands of the international community ,

• • the rules of international law .

In other words, the State is autonomous but integrated into a broader legal order and therefore interdependent with other States.

For him, skills should be exercised at the level closest to the companies concerned , unless a higher level is more efficient.

In international society:

• • States manage local or national affairs

• • International institutions intervene when problems are beyond the control of states.

Typical examples:

• • international peace and security

• • international trade

• • protection of certain common goods.

This approach helps to avoid excessive centralization .

In Scelle’s view, the international legal order tends towards progressive unity .

This unity is manifested by:

• • the development of international organizations such as the League of Nations and then the UN

• • the extension of international law into new areas

• • the growing interdependence between states.

This evolution is gradually bringing the international society closer to a quasi-federal structure , even if it never becomes a world state.

Although Georges Scelle is recognized as one of the modern fathers of federalism, he has also been much criticized for his theories which, according to some, are close to the reflections and school of thought of Germany, particularly on the federal state (Bundesstaat), which is very developed in German doctrine.

The APROFED association