CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ : ON THE OCCASION OF THE 90 TH BIRTHDAY … AVEC UN BRIN DE NOSTALGIE : ON THE OCCASION OF THE 90 TH BIRTHDAY OF PROFESSOR ČESTMÍR ČEPELKA Not long ago, people in the world, or at least those who like French music, were struck by a concert of the famous French chansonier of Armenian origin who celebrated his 90 th birthday. Like in the case of Charles Aznavour, it also seems to be hardly believable that prof. JUDr. Čestmír Čepelka, DrSc., doyen of the Czech doctrine of International Law, is already 90 and still active. In fact, he celebrated his birthday on 28 March 2017. Although his health did not allow him to come to Charles University, Faculty of Law, where he spent most of his professional life, he is still active and follows new developments of international law. Moreover, he also contributed to this volume of the CYIL his article on the concept of Crimes against humanity. Professor Čepelka was born in Kopisty in Northern Bohemia in 1927. His life thus reflects, in a sense, the fate of the Czech nation during the 20 th century, including the exodus of Czechs from Sudeten, the Nazi occupation of Czechoslovakia, the liberation in 1945, the communist regime after 1948, the democratic changes after 1989, as well as the dissolution of Czechoslovakia in 1992/1993. Č. Čepelka studied at the Faculty of Law of Charles University in Prague. After graduation in 1950, he started to teach as an assistant at the Department of International Law. This branch of law became the subject of his long-life interest. He defended his thesis (CSc., 1961), next, after his Habilitation, he became associate professor (docent, 1964), then Doctor of Legal Sciences (DrSc., 1988) and full professor of international law (1990). He was considered a very demanding and strict teacher, in particular when examining. On balance, where he encountered and discovered an interest in international law, he cared tirelessly about those students and doctorate candidates. This feature of Professor Čepelka appeared mostly in specialized and research seminars he constantly organized. Some of his former students have achieved very important positions in international law, such as Dr. Peter Tomka, who became a judge and, in February 2012, President of the International Court of Justice. The author of the present note is particularly grateful to Professor Čepelka for having opened the doors to the fascinating realm of international law and its topics, such as jus cogens , State responsibility and codification of international law. Another typical feature of Professor Čepelka is his scholarly thoroughness. The strength of Čepelka lies in his deeply theoretical approach which is exceptional in Czechoslovak and Czech doctrine of international law. This makes him a significant personality in European doctrine of international law. Equipped with a deep knowledge of foreign, in particular older international legal theories and excellent logical legal reasoning, he tried to articulate a systematic theoretical approach as an alternative to earlier prevailing positivist theories in the context of Czechoslovak doctrine of international law (including the socialist doctrine, influenced by Soviet doctrine, namely G. Tunkin). Although some aspects of Čepelka’s theories became outdated over time, his critical approach including certain sociological aspects represents without any doubts an asset for Czech doctrine. Professor Čepelka published several monographs and textbooks as well as many studies and articles on various areas of international law, mostly in Czech but also in English and A VEC UN BRIN DE NOSTALGIE

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