Journal articles on the topic 'History of International Public Law'
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1
Mills, Alex. "The Private History of International Law." International and Comparative Law Quarterly 55, no. 1 (January 2006): 1–50. http://dx.doi.org/10.1093/iclq/lei066.
Abstract:
The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1 The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic law of States.2 These assumptions, taken together, constitute the myth that public and private international law are discrete, distinct disciplines, with independent, parallel histories. This article addresses these myths through an analysis of the role played by international law theory in the history of private international law.
2
Law, Stephanie, Jo Shaw, Jonathan Havercroft, Susan Kang, and Antje Wiener. "Private law, private international law and public interest litigation." Global Constitutionalism 13, no. 1 (March 2024): 1–12. http://dx.doi.org/10.1017/s2045381724000017.
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AbstractPrivate actors and institutions, and by extension private law itself, are increasingly being forced to reckon with a multiplicity of challenges that extend beyond the domain of private law as it is traditionally conceived. They reflect threats to the global constitutional order and liberal constitutionalism, and threats to individual and collective fundamental rights and constitutional values. As a result, the role of private law in framing and facilitating the development of the global economy and globalization often does not fall within the direct purview of public international lawyers. This editorial aims to examine the role of private law in the litigation and enforcement of public interests against the background of the public/private divide. This is done in light of the increasing role adopted by private actors, including corporations, beyond the private realm.
3
Szabó, Marcel. "The EU under Public International Law: Challenging Prospects." Cambridge Yearbook of European Legal Studies 10 (2008): 303–43. http://dx.doi.org/10.1017/s152888700000135x.
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The aim of this chapter is to analyse whether the EU order has the potential to exert a beneficial influence on the future development of international law. While the work strongly argues in favour of this aim, it is nevertheless sensitive to the difficulties in the relationship between these two legal orders and examines these issues in some detail. The article accordingly pursues its aim by exploring the history of that relationship, as one that has not always been easy, but, which, in the future, may prove fruitful.
4
Vagts, Detlev F. "International Economic Law and the American Journal of International Law." American Journal of International Law 100, no. 4 (October 2006): 769–82. http://dx.doi.org/10.1017/s0002930000031882.
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To discuss the history of international economic law since the American Journal of International Law was first published in 1907 requires the author to project categories common to the parlance of 2006 back to times when theywere unknown. So far as it appears, the term did not become current until after World War II. Its scope is controversial. According to one definition, it encompasses “the total range of norms (directly or indirectly based on treaties) of public international law with regard to transnational economic relations.” A wide variety of international law rules have been said to have a financial impact somewhere. For practical purposes, in this essay I define international economic law as the international law regulating transborder transactions in goods, services, currency, investment, and intellectual property. I exclude from the inquiry issues of private international law, as well as of economic warfare.
5
Hepp, John. "James Brown Scott and the Rise of Public International Law." Journal of the Gilded Age and Progressive Era 7, no. 2 (April 2008): 151–79. http://dx.doi.org/10.1017/s1537781400001857.
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James Brown Scott played a key role in the growth of public international law in the United States from the 1890s to the 1940s. While little remembered today, he was well-known among his contemporaries as a leading spokesman for a new and important discipline. Scott rose from obscure middle-class origins to occupy a prominent and influential place as an international lawyer who shared his legal expertise with seven presidents and ten secretaries of state. By examining his life we gain insight into the establishment of public international law as a discipline and on the era when lawyersqualawyers began to help shape American foreign policy.
6
Stumpf, Christoph. "Christian and Islamic Traditions of Public International Law." Journal of the History of International Law / Revue d'histoire du droit international 7, no. 1 (2005): 69–80. http://dx.doi.org/10.1163/1571805054545127.
7
Spinu, Oleg. "The history of establishing the principle of nondiscrimination in public international law." Supremacy of Law, no. 1 (December 2023): 164–73. http://dx.doi.org/10.52388/2345-1971.2023.1.17.
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The history of establishing the principle of non-discrimination in international public law is marked by the progressive evolution of international consciousness regarding the necessity of guaranteeing equality and fundamental rights for individuals and states. An important moment in the history of affirming non-discrimination was the adoption of the United Nations Charter in 1945, which states in the preamble that all UN members must promote respect for the fundamental rights of humans without distinction of race, sex, language, or religion. Subsequently, the Universal Declaration of Human Rights in 1948 consolidated these principles and asserted that all people are born free and equal in dignity and rights. Another significant moment was the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination in 1965, representing a major step in addressing discrimination based on race. Later, the Convention on the Elimination of All Forms of Discrimination Against Women in 1979 and the Convention on the Rights of the Child in 1989 expanded these principles to cover other categories of individuals.
8
Kadelbach, Stefan, and Thomas Kleinlein. "Epochenwandel im Völkerrecht?" Rechtsphilosophie 6, no. 3 (2020): 263–74. http://dx.doi.org/10.5771/2364-1355-2020-3-263.
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This article asks whether public international law is facing an epochal change. The first section spots various current trends in international law that suggest a decreasing significance of international law and institutions in today’s international relations. In order to assess whether these observations amount to an overall trend, the second section traces perceptions of instability and change in public international law scholarship of the past, presents a short history of international law since 1945 and discusses the problems of a periodization of the history of international law. The third section adopts a normative perspective to capture tendencies of change in the policy fields of security, economy and governance. The final section discusses responses to these developments in international legal theory, offers a brief practical political philosophy of contemporary international law, or recommendations for foreign policy. It suggests not to abandon the belief in the „co-operation thesis“ but to adhere to constructive multilateralism as a regulative idea.
9
Forder, Caroline. "The Bredius Museum Case: Public Interest and Private International Law." International Journal of Cultural Property 2, no. 1 (January 1993): 117–26. http://dx.doi.org/10.1017/s0940739193000128.
10
Nciko, Arnold. "Hut at Strathmore – TWAIL for a Culturally Appropriate Teaching of Public International Law in African Law Schools." Strathmore Law Review 6, no. 1 (September 1, 2021): 41–69. http://dx.doi.org/10.52907/slr.v6i1.163.
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The teaching of Public International Law (PIL) in African law schools is backward. While Article 13 of the International Covenant on Economic, Social and Cultural Rights demands that, for education to be acceptable, it must also be culturally appropriate, the teaching of PIL in our schools is largely only reflective of European westernisation. This study reviews relevant literature in law, sociology, international relations, history and politics, and rely on surveys on PIL syllabi in select leading African law schools to attempt to make this violation more explicit. As a recommendation of a possible way forward, the study provides PIL as taught in the Hut at Strathmore Law School. The Hut is an intellectual movement within Strathmore Law School that has tried to contextualise Third World Approaches to International Law (TWAIL) to Africa.
11
MORGAN, ED. "New Evidence: The Aesthetics of International Law." Leiden Journal of International Law 18, no. 2 (June 2005): 163–77. http://dx.doi.org/10.1017/s0922156505002591.
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A war crimes trial embodies a combination of representational and presentational drama. The contemporary war crimes trial owes equal inspiration to the ‘realism’ of Henrik Ibsen and the ‘theatrics’ of Bertolt Brecht. The question for scholars is whether the trial is but a stylized presentation of the ‘real’ events, or a realistic medium through which to eavesdrop on history. This essay explores this question of war crimes and dramatization in the context of Director of Public Prosecutions v. Polyukhovich, the one war crimes case ever taken to trial under Australia's War Crimes Amendment Act of 1988.
12
Koskenniemi, Martti. "The law of international society: A road not taken." University of Toronto Law Journal 74, Supplement 1 (May 1, 2024): 107–27. http://dx.doi.org/10.3138/utlj-2024-0005.
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As I argued in my Gentle Civilizer of Nations, modern international law arose in the last third of the nineteenth century. At the time, as well as long into the twentieth century, its ideological centre lay in the concept of ‘civilization.’ This was a profoundly hierarchical notion that projected a particular developmental frame for all nations. That concept was embedded in a certain theory about history and statehood that was particularly well developed in German public law. However, by the mid-nineteenth century, another view to think about law, politics, and statehood was developing in Europe that focused on the concept of ‘society.’ This had its British, French, and Italian versions, but I want to focus on a German approach that, at one point, became a rival to old Staatslehre and the historical school. This had also an internationalist variant that was critical of old formalist public law and worked with a notion of ‘international society’ ( internationale Gemeinschaft). In this article, I want to examine the ascent of this notion, the brief moment when it seemed to provide a modern alternative to older ways in which to think about the laws of statehood and the international realm and its eventual demise at the time of the establishment of the Institut de droit international in 1873.
13
Erakat, Noura, Darryl Li, and John Reynolds. "Race, Palestine, and International Law." AJIL Unbound 117 (2023): 77–81. http://dx.doi.org/10.1017/aju.2023.9.
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In 1922, the League of Nations inscribed the goal of establishing a settler colony in Palestine for the Jewish people—in denial of the national self-determination of the Indigenous Arab population—in public international law. The Palestine Mandate juridically erased the national status of the Palestinian people by: (1) framing the Arabs as incapable of self-rule; (2) heightening the significance of establishing a Jewish national home; and (3) distinguishing Palestine from the other Class A mandates for possessing religious significance that exceeded the interests of any single national group. A century later, the still-unresolved “question” of Palestine remains central to struggles for anti-racism and anti-colonialism in international law. This essay revisits two flashpoints in the tangled history of Palestine and international law, where questions of race and racism have been central: first, ongoing debates over the regime and crime of apartheid; and second, the now-repudiated UN General Assembly Resolution 3379, recognizing Zionism as a form of racism and racial discrimination. Both stories demonstrate the importance of understanding race and colonialism as conjoined concepts, neither of which can be properly understood in isolation from the other.
14
Sorescu, Andrei Dan. "National History as a History of Compacts." East Central Europe 45, no. 1 (April 30, 2018): 63–93. http://dx.doi.org/10.1163/18763308-04501004.
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This article aims to show that concepts originating in the vocabulary of international relations were crucial to the rhetoric of nation-building in mid-nineteenth-century Europe. A close examination of the Romanian context elucidates in a more general way historical actors’ reflections and critiques of this conceptual vocabulary as well as the permeable nature of the (inter)national in the given historical context. The article explores two conceptual pairs: jus Gentium versus jus publicum Europaeum, and sovereignty versus suzerainty. In the process, it shows how Romanian nation- and state-builders became scholars of international relations. This they did in an effort to demonstrate the historically grounded sovereignty of the Romanian Principalities, in a manner compatible with the prevailing norms of the law of nations. The emphasis on a contractual relationship with the Ottoman Empire allowed for the assertion of national agency, both in the past and in the present. Increasingly focused on the imperfect translatability of concepts forged by the Western historical experience, pamphleteers of all stripes ultimately came to jettison the supposedly feudal, anachronistic vocabulary of suzerainty, militating for the inclusion of the Principalities as full parties in European public law. Thus, the article elucidates some significant conceptual tensions in the development of mid-nineteenth-century nationalism, simultaneously contributing to a growing body of scholarship on the intellectual history of international relations.
15
Blom, Hans, and Mark Somos. "Public-Private Concord through Divided Sovereignty: Reframing societas for International Law." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 4 (October 27, 2020): 565–88. http://dx.doi.org/10.1163/15718050-12340170.
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Abstract Grotius is the father of modern international law. The indivisibility of sovereignty was the sine qua non of early-modern conceptual innovation in law. Both statements are axiomatic in the mainstream literature of the last two centuries. Both are profoundly and interestingly wrong. This article shows that Grotius’ systematisation of public and international law involved defining corporations as potentially (and the VOC actually) integral to reason of state, and able to bear and exercise marks of sovereignty under certain conditions. For Grotius, some corporations were not subsumed under the state’s legal authority, nor were they hybrid ‘company-states’. Instead, states and such corporations, able and forced to cooperate, fell under dovetailing natural, international, and municipal systems of law. The article reexamines Grotius’ notion of international trade, public debt, private corporation, and public and private war through the reassembled prism of these dovetailing laws and the category of societas that underpins Grotian associations. It is argued that although formulated around the new East India trade, the actual reality of legal pluralism was available to Grotius in the Dutch trade experience of the sixteenth century.
16
Alter, Karen J. "The Empire of International Law?" American Journal of International Law 113, no. 1 (January 2019): 183–99. http://dx.doi.org/10.1017/ajil.2018.81.
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This review essay examines three intellectual histories focused on fundamental transformations of international law in the early twentieth century. Juan Pablo Scarfi's Hidden History of International Law in the Americas is most interested in debates about a Pan-American international law, meaning the idea that international law might work differently in different regions, which was debated but eventually gave way to the change that Arnulf Becker Lorca, a Lecturer in Public International Law at Georgetown Law, discusses. Becker Lorca's Mestizo International Law is most interested in how the conception that international law applied only to civilized nations transformed into the modern conception that presumes sovereign equality. The Internationalists, by Oona Hathaway and Scott Shapiro, respectively the Gerard C. and Bernice Latrobe Smith Professor of International Law and the Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, and seeks to understand how the normal (and legal) recourse to force in international relations was replaced by an international law that bans the use of force, except in self-defense. Ideas regarding these issues started to evolve in the late 1800s, but the transformative debates occurred at roughly the same time because the Hague Peace Conferences and the League of Nations allowed contestations over old versus updated understandings of international law to flourish.
17
Schmoeckel, Mathias. "Schmoeckel, Mathias, Vom „gerechten” zum „heiligen Krieg”? Rechtfertigung der ersten Kreuzzüge im kanonischen Recht." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 105, no. 1 (June 26, 2019): 1–43. http://dx.doi.org/10.1515/zrgk-2019-0001.
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Abstract From "just war" to the "holy war"? Justification of the first crusades in medieval Canon law. The European history of public international law has often dealt with the concept of "just war", almost never with the "holy war". This seems to be rather an Islamic phenomenon. But ever since Urban II called for the first crusade in 1095, Europe too knew the idea of justifying war with religious reasons. Until now this phenomenon has been used to denounce the cruelty of Christianity. We need, therefore, a new critical access to this topic. The origin of the idea in 1095 has to be linked with the development of penancy and indulgencies in their terms and concepts. We will see how skeptically the canonists of the age reacted and how little representative this immediately afterwards abandoned idea was of its time. Because Europe, in the end, rejected the idea of a "holy war", this topic is an important facette of the European evolution of public international law and does not prove the cruelty of the church. This article is part of a greater research project on the influence of medieval Canon law on public international law.
18
Niedermeier, Alexander. "Review of Powell, Emilia (2020): Islamic Law and International Law: Peaceful Resolution of Disputes, Oxford and others, Oxford University Press." Review of Economics and Political Science 5, no. 4 (October 15, 2020): 335–55. http://dx.doi.org/10.1108/reps-08-2020-0128.
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Purpose The purpose of this study is to critically review the book Islamic Law and International Law by Emilila Powell. Design/methodology/approach The book review is undertaken from a comparative legal and political science perspective, including arguments and insights from international relations, international law, Islamic law, Islamic culture, religious studies, legal history and European as well as international political history. Findings While the empirical part of Powell’s work (chapters 5, 6 and 7) shows a methodologically veryc well done approach and at the same time highly interesting insights, both foundation and context show several critical points, in particular, a lack of differentiation with respect to the Western politico-legal tradition, its concepts and the resulting implications. Research limitations/implications The book represents an excellent starting point that should inspire new, more intensive as well as exhaustive research on this topic. Practical implications The book generates valuable insights for practitioners such as judges at international courts dealing with issues involving so-called Islamic law states, as well as politicians or public service officials in the context of international law and international politics. Originality/value As the paper is a comprehensive review of the book based upon comparatively based insights from international relations, international law, Islamic law, Islamic culture, religious studies, legal history and European as well as international political history, the arguments of Powell are analyzed and commented upon in a comprehensive, well-founded and fair way. This should give potential readers a good understanding of Powell’s arguments, inspire a critical lecture of the book and contribute to the important discourse on the connex between international law and Islamic law.
19
Bowett, D. W. "Encyclopaedia of Public International Law. Volume 7: History of International Law, Foundations of International Law, Sources of International Law, Law of Treaties. Published under the auspices of the Max Planck Institute, under the direction of Rudolf Bernhardt." British Yearbook of International Law 56, no. 1 (January 1, 1986): 284–85. http://dx.doi.org/10.1093/bybil/56.1.284.
20
ELLIS, JAYE. "Extraterritorial Exercise of Jurisdiction for Environmental Protection: Addressing Fairness Concerns." Leiden Journal of International Law 25, no. 2 (May 2, 2012): 397–414. http://dx.doi.org/10.1017/s0922156512000106.
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AbstractTeck v. Pakootas revisits the infamous Trail smelter, which made history in public international law. This more recent case should be set to make history as well, due to the manner in which the issue of extraterritorial exercise of jurisdiction was handled. The substantive result reached in the courts seems fair, reasonable, and appropriate: a notorious polluter, Teck Cominco Metals Inc., is called to account by the United States Environmental Protection Agency and required to study the feasibility of cleaning up a site it contaminated by dumping effluents in a transboundary river over the course of several decades. Yet, both courts that examined this case on the merits failed to understand the ramifications of this extension of the Environmental Protection Agency's jurisdiction across the Canada–United States border. This article begins with a doctrinal analysis of jurisdictional rules in private and public international law, and then proceeds to evaluate those rules with the help of insights from scholarship on global administrative law and international public authority.
21
Miakinchenko, Iryna, Maria Sologub, and Vitaly Podkur. "ALL-UKRAINIAN COUNCIL OF CHURCHES AND RELIGIOUS ORGANIZATIONS IN THE CONDITIONS OF FULL-SCALE RUSSIAN MILITARY AGGRESSION AGAINST UKRAINE." Intermarum history policy culture, no. 14 (May 29, 2024): 72–90. http://dx.doi.org/10.35433/history.112070.
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The purpose of the work is to examine the activities of the All-Ukrainian Council of Churches and Religious Organizations (AUCCRO) during the full-scale Russian military aggression against Ukraine. The methodology of scientific research is based on the use of a complex of general scientific, special historical methods and an interdisciplinary approach, tools of religious studies and sociology. The scientific novelty of the work lies in the fact that here, on the basis of a wide source base, the activities of the Russian Federation of Civil and Political Affairs in the conditions of a full-scale Russian-Ukrainian war are considered. As a result, the authors come to the following conclusions. AUCCRO, in the conditions of full-scale Russian military aggression against Ukraine, intensified activities to mobilize Ukrainian society and the international community to confront the aggressor. In her appeals to the international community, she called for military and humanitarian support to Ukraine; seek the release of soldiers and civilians imprisoned by the aggressor state. Not without reason, the interfaith body demanded to recognize the actions of the Russian military as genocide of the Ukrainian people. In order to support Ukraine, AUCCRO strengthened cooperation with international humanitarian organizations; members of the Council visited individual countries and held meetings with the public, political and religious figures; and also met world religious leaders in Ukraine. In recent years, AUCCRO continued its law-making activities and discussion of important areas of state-church relations with representatives of higher state authorities of Ukraine. However, the position of AUCCRO was not always taken into account, in particular during the ratification by the Verkhovna Rada of Ukraine of the Istanbul Convention and the adoption of the Law on the Legalization of Medical Cannabis.
22
Xu, Zhuangsi. "Informed publics, media and international law." Australian Journal of Human Rights 27, no. 2 (May 4, 2021): 396–98. http://dx.doi.org/10.1080/1323238x.2021.1978381.
23
Ross, Simona, and Mark Somos. "Corruption in International Law: Illusions of a Grotian Moment." Grotiana 43, no. 1 (August 1, 2022): 55–86. http://dx.doi.org/10.1163/18760759-43010004.
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Abstract Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the proliferation of international anticorruption law following the Cold War. However, a Grotian Moment for a broadened understanding of corruption, based on other forms such as institutional, political, and grand corruption, ought to emerge to comprehensively address all forms of corruption. Given the range of challenges, including resistance from political elites and the indeterminacy of criminal liability, a Grotian Moment for a broadened concept of corruption remains improbable.
24
Stumpf, Christoph. "Consent and the Ethics of International Law Revisiting Grotius’s System of States in a Secular Setting." Grotiana 41, no. 1 (June 16, 2020): 163–76. http://dx.doi.org/10.1163/18760759-04101008.
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In this article Grotius’s perception of the legal relevance of consent is analysed with respect to its ongoing importance for an ethical fundament of public international law. It is argued that Grotius views the function of consent as an aspect of human law, which is limited, but also supported by what he views as the overarching framework of divine law. This can be particularly illustrated by Grotius’s idea of a duty of granting consent: such duty reflects the ethical quality of individual interaction within international law.
25
Duguid, Paul. "French Connections: The International Propagation of Trademarks in the Nineteenth Century." Enterprise & Society 10, no. 1 (March 2009): 3–37. http://dx.doi.org/10.1017/s1467222700007837.
Abstract:
The history of modern brands depends to a significant degree on the history of trademark law, but there are reasons to doubt how comprehensive standard versions of the latter history are. Business, economic, and even legal historians tend to accentuate the importance of the Anglo-Saxon common-law tradition and assume that the continental, civil law tradition followed in its wake. Yet the historical sequence of events suggests that almost exactly the opposite is true. Not only did the French have robust trademark law long before Great Britain and the United States, but the latter two countries only adopted trademark law after signing trademark clauses in diplomatic treaties with France. Drawing on newspaper accounts, public debates, specialist and general newspapers, as well as court cases and diplomatic negotiations, this paper argues that, to a certain degree, Anglo-Saxon trademark law was international before it was national. The evidence suggests that some of the easy verities on which arguments about modern brands, the “second industrial revolution,” and institutional economics are based may be more complex than is generally assumed.
26
Hammash, Abdelsalam. "The Philosophy of International Public Law and the Changes on the Reality of the International Society." Journal of Politics and Law 14, no. 3 (February 18, 2021): 1. http://dx.doi.org/10.5539/jpl.v14n3p1.
Abstract:
The evolution of the concept of International society has considerably broadened throughout history along with the evolution of International rules. At first, it was defining the group of sovereign States existing at that time, while subsequently to the creation of the UN organization, International society would rather imply any individual designated by International legal corpus. At the end of the Cold War, the multiplication of nation-States, that would stay politically and economically fragile and unstable, compelled the UN to act over those States' sovereignty, though, to help them to outlive. Over the last decades, the phenomenon of globalization has contributed to support the idea of human rights and has considerably led to a global opinion that would be able to put pressure on States. Moreover, the UN would engage itself in emphasizing the concept of peace in all its decisions and actions. As such, International Penal institutions as the International Court of Justice had been established. But the fear of States for their sovereignty has still remained a problem in the equation.
27
Orehowsky, W. "THE DEVELOPMENT OF INTERNATIONAL HUMANITARIAN LAW IN THE ХІХ CENTURY." Innovative Solution in Modern Science 2, no. 38 (March 30, 2020): 94. http://dx.doi.org/10.26886/2414-634x.2(38)2020.8.
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The article is devoted to the history of the emergence and formation of international humanitarian law («laws and customs of war»). The author notes that decisive steps were taken here in the nineteenth century, as rapid progress in the development of weapons and martial arts led to a sharp increase in the number of casualties. In this regard, much attention is paid to the figure of Swiss businessman and public figure Henri Dunan. It is stated in the article that it was the activity of the latter that became the basis for the adoption of the famous Geneva Convention (1864) «On improving the fate of wounded and sick warriors in the land war».Key words: international humanitarian law, Society of Red Cross, Henri Dunan, Geneva Convention, help to aid to sick and wounded patients, public charities.
28
Gattini, Andrea. "The Fate of the Koenigs Collection: Public and Private International Law Aspects." International Journal of Cultural Property 6, no. 1 (January 1997): 81–108. http://dx.doi.org/10.1017/s0940739197000064.
Abstract:
SummaryThe Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and the role of the German government is a difficult one to resolve, particularly in light of current claims for war reparations and recent developments in international law concerning the transfer of cultural property.
29
de Waele, Henri. "Commemorating Robert Regout (1896–1942). A chapter from the history of public international law revisited." Journal of the History of International Law / Revue d'histoire du droit international 7, no. 1 (2005): 81–92. http://dx.doi.org/10.1163/1571805054545082.
30
Sik, Ko Swan. "Encyclopedia of Public International Law, Instalment 7: History of International Law — Foundations and Principles of International Law — Sources of International Law — Law of Treaties, published under the auspices of the Max Planck Institute for Comparative Public Law and International Law, under the direction of Rudolf Bernhardt, North Holland Publishing Cie., Amsterdam 1984, XVI + 555 pp., (ISBN: 0444 86238 2)." Netherlands International Law Review 32, no. 03 (December 1985): 492. http://dx.doi.org/10.1017/s0165070x0001113x.
31
Uibopuu, Henn-Jüri. "Encyclopedia of Public International Law, published under the auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf BERNHARDT. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford, North-Holland Publishing Company, 1984. Pp. XV, 555." International Journal of Legal Information 13, no. 1-2 (April 1985): 63–65. http://dx.doi.org/10.1017/s0731126500018655.
32
Pylypchuk, Volodymyr G., Pavlo P. Bohutskyi, and Ivan M. Doronin. "Theoretical foundations and development priorities of national security rights." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 66–75. http://dx.doi.org/10.37635/jnalsu.28(2).2021.66-75.
Abstract:
The legal content of national security is revealed in the law of national security and becomes a crucial area for the development of legal science in modern conditions of the armed aggression unleashed by the Russian Federation against Ukraine and crisis processes in the international security system. The purpose of this study was to determine the features of national security law as a branch of the national legal system and establish prospects for the development of this branch of law. This study employed a set of methods, which include dialectical, Aristotelian, historical-legal, comparative-analytical, sociological methods, as well as methods of structural analysis, legal modelling, and forecasting. National security law is considered an independent branch of law that demonstrates its public significance in the legal support of national security. National interests, as generally significant interests protected by law, form objects of national security law, are reflected in social communications, which, under the influence of national security law, acquire the features of legal strategic communications. At the same time, the integrative qualities of national security law are manifested in interaction with international security law and military law. National security law forms a system of legal support for national security. Priorities for the development of national security law are implemented in a complex of research, organisational and educational measures, which determines the introduction of the corresponding scientific speciality and educational specialisation. The practical value of the study was to cover the features of national security law as a value-normative system of statuses, rules of conduct, communications, which has public recognition and is legitimised to ensure safe conditions for human life, the existence and development of society and the state, and to justify the development of the subject area of national security law towards qualitative indicators of legal support of all components of the national security system, structuring its types, levels – from national to international, entering the legal system of collective international security based on international principles and standards that form such a security system
33
Moss, Giuditta Cordero. "Between Private and Public International Law: Exorbitant Jurisdiction as Illustrated by the Yukos Case." Review of Central and East European Law 32, no. 1 (2007): 1–17. http://dx.doi.org/10.1163/092598807x165541.
Abstract:
AbstractThe article analyses one specific aspect of the long and complicated proceedings in which the Russian oil company Yukos was involved: the question of jurisdiction relating to the application that Yukos made to a court in Houston, Texas, to open bankruptcy proceedings under chapter 11 of the US Bankruptcy Code and thus grant protection against the creditors to permit restructuring of the company. Yukos being a Russian company burdened by massive debt connected with taxes owed to the Russian authorities, and virtually the totality of its as-sets being located on Russian territory, the first question that arises is how it is possible for a court in the United States to have jurisdiction in this case. This article examines the question of extraterritorial jurisdiction in civil cases, from the point of view of both private and public international law.
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Boisen, Camilla. "Hugo Grotius, Declaration of War, and the International Moral Order." Grotiana 41, no. 2 (December 17, 2020): 282–303. http://dx.doi.org/10.1163/18760759-41020003.
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Abstract This article investigates the formal purpose of declaring wars for Hugo Grotius. Grotius was adamant that states always use justification in a duplicitous way to conceal their real motivation to go to war. As such, the purpose of declaration is not to assert the just cause of war. Rather, what any public declaration does, is provide recognition that confers legal validation to the disputing parties. The legal rules of war were described by the law of nations and occasionally permitted states to commit certain ‘war crimes’ with impunity. For Grotius, this was not a moral sanctioning of such crimes but rather a means to prevent the occurrence of wars, which such endless repudiations risked causing or exacerbating. Grotius’s concern for the effects of war is conspicuous; and recounting his maxim that war should always be a last resort, this article argues that declaration of war has a distinct moral purpose for Grotius. In fact, public declaration of war is, together with constraints on the conduct of war, a ‘principle of moderation’ Grotius insists should be upheld in times of war. Declaration of war gives the parties avenues to seek peace and reconciliation, and, therefore has a humanitarian purpose for Grotius by ultimately seeking to prevent the disparaging effects of war. Even in wars that do not demand a public declaration, such as those regulated by natural law such as punitive wars or defensive wars, Grotius cautions that declarations of war are advisable. The remaining lingering issue is how to engage with unlawful enemy combatants, such as pirates - a distinct problem that the international community still faces with increasing regularity. Grotius was certainly aware of the legal (and moral) consequences of recognising belligerency we cannot possible hope to build moral relations with, and, this article claims, ‘unlawful’ enemies ultimately demarcates the boundary of international society.
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Corredera, Edward Jones, Francesca Iurlaro, Lara Muschel, and Mark Somos. "Hugo Grotius’s De iure belli ac pacis: a Report on the Worldwide Census of the First Edition (1625)." Grotiana 43, no. 1 (August 1, 2022): 208–35. http://dx.doi.org/10.1163/18760759-43010010.
Abstract:
Abstract This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of the typescript, the sources that Grotius had access to in France while drafting the book, and the early circulation of the 1625 edition, published by Nicolas Buon in Paris. The goal of this publication is to disseminate updated information on the printing history of this key text in the history of legal and political thought, and to invite readers to come forward with more information about the location of the remaining copies of the text, in order to advance our understanding of the rise of international law around the world.
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Jean, Martine. "The “Law of Necessity”." Journal of Global Slavery 7, no. 1-2 (March 28, 2022): 177–202. http://dx.doi.org/10.1163/2405836x-00701010.
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Abstract In June 1835, the Brazilian parliament promulgated a stringent law which punished enslaved persons convicted of assassinating their masters with capital punishment. Called the “law of necessity,” the regulation targeted the leaders of slave rebellions and established the death penalty as punishment against slave resistance. Research on the enforcement of the law demonstrated that while the regulation increased public hangings of the enslaved, overall fewer convict slaves were executed because of the law than had their sentences commuted to galé perpétua or a lifetime of penal servitude in public works. Analyzing slave petitions to commute death penalty sentences to penal servitude, this article intervenes in the debates on punishing the enslaved which connects labor history with the history of punishment. The research probes convicts’ understanding of the construction of Brazilian legal culture while analyzing the tensions between slave-owners and imperial authorities on punishing the enslaved.
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В. Ђорђевић, Горан. "ИНТЕРВЕНЦИЈА У УКРАЈИНИ – ЛЕГАЛИСТИЧКА ПАРАДИГМА." БАЛКАНСКЕ СИНТЕЗЕ 10, no. 1 (December 26, 2023): 119–25. http://dx.doi.org/10.46630/bs.1.2023.07.
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The special operation in Ukraine certainly has an epoch-making character. Completely unexpectedly, concept such as international law, aggression, territorial integrity, sovereignty, etc. Are once again in the public spotlight. However, can the essence of this significant event be revealed to international society by using these terms? The answer we offer in this text is negative. Simply put, the war in Ukraine is a consequence of modernist visions of the end of history and eternal peace. In that sense, this conflict represents a new beginning. This is the specificity of the legalistic paradigm that we offer. Key words: international law, aggression, sovereignty, end of history.
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Cornett, Jake, and Kimberly M. Knackstedt. "Original sin(s): lessons from the US model of special education and an opportunity for leaders." Journal of Educational Administration 58, no. 5 (May 3, 2020): 507–20. http://dx.doi.org/10.1108/jea-10-2019-0175.
Abstract:
PurposeThe United States (US) system of special education committed three original sins that perpetuate inequities between children with disabilities and their peers. The purpose of this paper is to examine the history of the US system, contrast this history against international disability law and identify opportunities for leaders to transform policy and practice for inclusive education.Design/methodology/approachThis paper explores the development of the three sins in US special education law: (1) weaving throughout it a medical model of disability, (2) failing to mandate inclusion and (3) hampering meaningful enforcement. The paper contrasts the US system with the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD), an international law adopted by 180 nations that requires inclusion of people with disabilities at all levels of systems.FindingsThis paper finds that the United States has not embraced inclusion in education, but has permitted a continuum of segregation and integration. After a discussion of the three sins and the CRPD, the authors describe opportunities for international and US leaders to learn from the original sins of the United States and develop a system of true inclusion for all students through the transformation of policy and practice.Originality/valueThis paper contributes to the literature on policy development and implementation, with implications for future amendments to US education law and international public administration of education.
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Somos, Mark. "The Unseen History of International Law: A Census Bibliography of Hugo Grotius’s De iure belli ac pacis." Grotiana 40, no. 1 (December 12, 2019): 173–79. http://dx.doi.org/10.1163/18760759-04000010.
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This research note announces and briefly describes a new five-year project to prepare a census bibliography of the first ten editions of Grotus’s De iure belli ac pacis ( ibp ). The resulting book will be published in 2025, the 400th anniversary of ibp’s first appearance. The project is sponsored by the Deutsche Forschungsgemeinschaft and hosted by the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
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Conklin, William E. "The Nomadic Sense of Law in an International Constitutionalism." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 234–83. http://dx.doi.org/10.1163/18757413_022001011.
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This article examines the place of Nomadic peoples in an international constitutionalism. The article claims that an important element of a Nomadic culture is its sense of law. Such a sense of law differs from a constitutionalism which has privileged fundamental principles aimed to constrain acts of the executive arm of the State. Such a constitutionalism is shared by many contemporary domestic legal orders. Public international law also takes such a constitutionalism for granted. In the focus upon rules to constrain the executive arm of the State, the sense of law in Nomadic communities has slipped through arguments which the jurist might consider inclusive of the protection of such communities. This problem is nested in a legacy which has weighted down the history of European legal thought. The article initially identifies three forms of nomadism. The social phenomenon of nomadism has been the object of juristic commentary since the Greeks and Romans. The image of Nomadic peoples in such a legacy has imagined Nomadic peoples as lawless although the article argues that a sense of law has existed in such communities. Such a sense of law contradicts a State-centric international legal order. Public international law has reserved a special legal space relating to Nomadic peoples. The article identifies four arguments which might be rendered to protect Nomadic peoples in such a State-centric international community. Problems are raised with each such argument
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Abdullahzade, Cavid. "The Status of International Treaties in the Legal System of Azerbaijan." Review of Central and East European Law 32, no. 2 (2007): 233–56. http://dx.doi.org/10.1163/092598807x195188.
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AbstractAs part of the disintegration of the Soviet Union in 1991, the Azerbaijan Republic ended its protracted existence as one of the fifteen members of the Soviet Union and became an independent state. As a result, on 30 August 1991, she became a full subject of international law. Currently, Azerbaijan is a party to a number of international treaties, virtually all major human rights treaties registered with the UN Secretary-General, the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as a number of related Council of Europe human rights agreements.A tendency towards internationalization and a general 'opening' to international law can also be seen in the Azeri Constitution, which was adopted by public referendum on 12 November 1995. Like many other former Soviet Republics, Azerbaijan, in its 1995 Constitution, has rejected the traditional Soviet dualist approach of the implementation of international law in the domestic legal system and has established a monist system within the context of a relationship between national and international law. This article discusses these changes in the Azeri attitude towards international law, in particular the status of international treaties, with special reference to those problems stemming from the implementation of international treaties in the domestic legal system of Azerbaijan.
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Giladi, Rotem. "Corporate Belligerency and the Delegation Theory from Grotius to Westlake." Grotiana 41, no. 2 (December 17, 2020): 349–70. http://dx.doi.org/10.1163/18760759-41020006.
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Abstract This article starts with a critical reflection on John Westlake’s reading of the history of empire and the English/British East India Company – for him, essentially, the proper concern of ‘constitutional history’ rather than international law. For Westlake, approaching this history through the prism of nineteenth-century positivist doctrine, the Company’s exercise of war powers could only result from state delegation. Against his warnings to international lawyers not to stray from the proper boundaries of international legal inquiry, the article proceeds to recover Hugo Grotius’s theory of corporate belligerency in his early treatise De iure praedae. For Grotius, corporations could wage public war on behalf of the state yet, at the same time, were in law capable of waging private war in their own right. The article proceeds to reflect on the practice of corporate belligerency in the centuries separating Westlake and Grotius; it concludes with observations on the implications of Grotius’s theory of corporate belligerency today.
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Dhondt, Frederik. "La représentation du droit dans la communauté des diplomates européens des « Trente Heureuses » (1713–1740)." Tijdschrift voor Rechtsgeschiedenis 81, no. 3-4 (April 8, 2013): 595–620. http://dx.doi.org/10.1163/15718190-08134p11.
Abstract:
Diplomatic representation in the community of the European diplomacy of the ‘Trente heureuses’ (1713–1740). – The study of Ancien Régime public international law compels researchers to broaden the traditional scope of legal history (treaties and doctrine). A broader understanding of normativity in international relations, inspired by sociology, cultural or international relations history leads to an analysis of diplomatic behaviour. Practice is of paramount importance to grasp the working of implicit principles, expressed in correspondence and legal memoranda. The three decades following the Peace of Utrecht (1713) illustrate how state consent-based international organisation operated in the 18th century, separate from doctrinal concepts. French and British archival material and existing prosopographic literature sketch a map of the European arena. Treaty interpretation and legal reasoning were the backbone of international relations. Consequently, jurists were more than apologists, and fulfilled an indispensable role in an interactional system.
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McKenna, Miriam Bak, and Matilda Arvidsson. "Gendering Public and Private International Law: Transversal Legal Histories of the State, Market, and the Family through Women's Private Property Rights." AJIL Unbound 118 (2024): 12–17. http://dx.doi.org/10.1017/aju.2023.53.
Abstract:
This essay takes up Karen Knop's challenge to reconstruct the oft-made distinction between private and public law by engaging private international law (PrIL) as a “lost side of international law.”1 To do so we interrogate the changing fortunes (literally) of women's private property rights in the long nineteenth century—a period characterized by the divestment and reinstatement of gendered rights in national law—focusing on the Nordics, Europe more broadly, and the Colonial world. Following Knop and other feminist legal scholars, and by engaging with questions of what Mariana Valverde calls “scale,”2 we bring women's property rights in conversation with international law. In doing so, we point to sites of engagement where the politico-economic structures of international law are lived, negotiated, reconfigured, and made real.3 We use scale to frame and inform our analysis bringing attention to how the “small” (micro) economics and politics of everyday life, women's labor, and gendered legal concerns, underpin and are an intrinsic part of the “large-scale” structures of international law. “All scales shifts,” Mariana Valverde notes, meaning that such “processes . . . br[ing] certain phenomena into focus that had previously been blurred or pushed to the background.”4 Recovering matters of women's history and everyday life, which, as Knop has argued are often “hiding in plain sight,” with a focus on women's property rights, brings to the fore the critical relationship between family/household, market, and the state, and the fundamental role international law has played in implementing a specific economic vision through the organization of gendered power relations.
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SIVAKUMARAN, SANDESH. "Torture in International Human Rights and International Humanitarian Law: The Actor and the Ad Hoc Tribunals." Leiden Journal of International Law 18, no. 3 (October 2005): 541–56. http://dx.doi.org/10.1017/s0922156505002864.
Abstract:
In seeking to define torture in international humanitarian law, the ICTY and ICTR have turned to the definition of torture contained in the UN Convention against Torture for guidance. The Convention definition contains a requirement that the actor be a public official or other person acting in an official capacity. The ad hoc tribunals have put forward various views as to whether this is an element of the definition of torture in international humanitarian law. This article examines these views. Potentially more significant are the pronouncements of the tribunals on the actor element of the definition of torture in international human rights law. This article also explores these pronouncements. It compares them with the drafting history of the Convention against Torture and with the jurisprudence of the Committee against Torture, the European Court of Human Rights and the UN Human Rights Committee. It questions whether the approach of the ad hoc tribunals is part of a trend towards a wider reading of ‘the actor’ in international human rights law.
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Nozdrachev, Aleksandr F., and Olesya E. Starodubova. "Round-Table Discussion Permissive Method in Public Administration: Legal Nature of Permissions within the II International Scientific and Practical Conference Administration via Law on the Subject Permissive Activity in the Mechanism of Public Administration." Administrative law and procedure 10 (October 6, 2022): 56–62. http://dx.doi.org/10.18572/2071-1166-2022-10-56-62.
Abstract:
On March 2, 2022, at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, within the framework of the II International Scientific and Practical Conference “Governance through Law” on the topic “Permissive activity in the mechanism of public administration”, a round table was held “Permissive method in public administration: legal nature permissions”.
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Singh, Bhavinee. "Monument Toppling: A Review of International Laws related to Cultural–Heritage Property and their Implications to Tourism." Nepalese Journal of Hospitality and Tourism Management 2, no. 1 (March 1, 2021): 42–60. http://dx.doi.org/10.3126/njhtm.v2i1.44394.
Abstract:
Recent public conversations around cultural property law have exposed this area of international law to several gaps that exist in this field. Cultural property is key to tourism across the world and brings in the much-needed inflow of money in an economy due to its attraction. However, the entire premise of cultural property law is based on preservation and this common thread runs through almost all international legal instruments and most domestic legislations. In this paper, it is analysed through a careful perusal of the history of international cultural property law, if there is scope to introduce a limited right to destroy cultural – heritage property. This is explored through reading of international human rights law along with cultural property law to advance suggestions of rethinking and revamping this legal regime, as it has strong implications to tourism management. In the conclusion, the paper also explores how tourism management would also be reshaped if the international right to destroy oppressive imagery becomes a part of the discourse
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Fechner, FG. "The fundamental aims of cultural property law." International Journal of Cultural Property 7, no. 2 (January 1998): 376–94. http://dx.doi.org/10.1017/s0940739198770390.
Abstract:
The law of cultural property is primarily based on the interests of the states concerned. If a cultural object is of high monetary or identificatory value, states will contest the ownership, and many of these cases are resolved by compromise. If a cultural object is of less monetary or identificatory value, states often neglect its preservation. Yet the law for protection of cultural property should not only be a method for the arbitration of national interests but should also take into account the interests of humankind in general, including preservation of the object in its original context, public accessibility, and the scientific, historic and aesthetic interests that can be associated with an object. While some states are unable to protect their cultural heritage, especially in times of war, public international law does not prevent a state from destroying its cultural heritage. Cultural heritage law is developing rapidly, and national laws and international conventions are in the process of creation. At this time, the author posits, it is therefore necessary to consider the reasons for the protection of cultural objects.
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Lukianov, Dmytro V., Thomas Hoffmann, and Inesa A. Shumilo. "Prospects for recodification of private international law in Ukraine: Do conflict-of-laws rules require a new haven?" Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 198–210. http://dx.doi.org/10.37635/jnalsu.28(2).2021.198-210.
Abstract:
The purpose of the study was to investigate the areas of modernisation of legislation governing private relations of a cross-border nature, proposed by the authors of the draft concept of updating (recodification) of the Civil Code of Ukraine (the CCU), and generalise foreign and international legal experience in developing acts of codification of private international law. The authors of the study considered private international law as a most dynamically developing branch due to the constant expansion of cross-border relations and requirements for constant updating and adaptation to the requirements of international civil turnover. The paper analysed the general factors and prerequisites for the recodification of private international law, comprehensively examined the expediency of abandoning autonomous codification and transferring conflict-of-law rules to the CCU. The study focused on current European experience and assessment of the impact of EU regulations on the national codifications of private international law of member states and third countries. To assess the idea of restoring the status of the CCU as a core act governing all public relations with private law content, the authors of the study addressed the negative consequences of interbranch codification of private international law in a number of post-Soviet countries. The paper proved that European states are dominated by the tendency to adopt consolidated acts of codification in this area and recognise the priority of unified international legal acts governing certain types of cross-border private relations. Based on the analysis, it is justified to conclude that the world has currently accumulated considerable experience in law-making in the area of private international law and the most effective is a comprehensive autonomous codification of conflict-of-laws rules, which is based on the priority of unified international acts and the widespread use of direct references to international agreements. While agreeing in general with the proposed changes regarding the content update of conflict-of-laws regulation, the authors emphasised the need to improve and develop conceptual approaches
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Kanachevskii, Vladimir. "International Organizations and Foreign States: Participants in Civil Law Relations in Russia." Review of Central and East European Law 29, no. 1 (2004): 15–34. http://dx.doi.org/10.1163/157303504773821149.
Abstract:
AbstractThe author examines the legal status of international organizations and foreign states in trade and commerce in the Russian Federation. The specifi c issues which are touched upon by the author include general problems of the participation of public entities—such as international organizations as legal persons and the immunity of foreign states and international organizations—in civil law relations. The author concludes that domestic legislation should not be considered to be the only source of law for regulating private international relations involving states; practice illustrates that international treaties are also a source of such rules and regulations. Special attention in this article is devoted to characteristic features of the legal personality of international organizations, the sources of law regulating relations in which international organizations participate, the role of domestic law and internal rules of international organization itself, the various aspects of the legal capacity of international organizations as subjects of Russian civil law including agreements involving international organizations, the legal status of their separate divisions, issues relating to the property rights of international organization, and the civil law status of representatives of foreign states attached to international organizations (and their civil servants). The legal base for this research is formed by international treaties, the charters and internal rules of international organizations, and rules of Russian civil legislation as well as decisions of Russian and international judicial bodies. By way of conclusion, the author postulates that it is wise for domestic (and foreign) natural and legal persons, which enter into relations with the international organizations and foreign states, to take into consideration the specifi c nature of the above-mentioned subjects. In practice, this may result in dismissal of a plaintiff 's claim in a RF court where the defendant is an international organization or foreign state. It may thereby be impossible to hold such an organization or state civilly liable (without its consent) for breaching a contractual undertaking.