Sources of the recognition of belligerent status

1977 ◽  
Vol 17 (192) ◽  
pp. 111-127 ◽  
Author(s):  
Charles Zorgbibe

“Whenever a large organized group believes it has the right to resist the sovereign power and considers itself capable of resorting to arms, war between the two parties should take place in the same manner as between nations…” This statement by de Vattel in the 19th century seemed destined to take its place as a part of positive law, constituting part of what was known as recognition of belligerency, tantamount to the recognition by the established government of an equal status for insurgents and regular belligerents. When a civil war became extensive enough, the State attacked would understand that it was wisest to acknowledge the existence of a state of war with part of the population. This would, at the same time, allow the conflict to be seen in a truer light. The unilateral action of the legal government in recognizing belligerency would be the condition for granting belligerent rights to the parties. It would constitute a demonstration of humanity on the part of the government of the State attacked and would also provide that government with prospects for effective pursuit of the war. By admitting that it was forced to resort to war, it would at least have its hands free to make war seriously.

Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.


2020 ◽  
Vol 58 ◽  
pp. 267-276
Author(s):  
Alexander Yu. Polunov

The article analyzes the issue of conceptualization by Russian public leaders and publicists of the causes and goals of the turn of Russian foreign policy to the East at the end of the 19th century. In those years there took shape the idea of specific eastern mission of Russia that influenced later the configuring of Eurasian ideology. At the same time the ideological constructions of the publicists at the end of the 19th century were rather peculiar. In contrast to the Eurasians those authors paid special attention to the “old civilized states in Asia”, like Persia and China. The necessity to support the Celestial Empire and the Christian communities in Persia was determined, according to those publicists, by Russia’s duty to protect the weak. Besides, China was viewed as the state with established autocracy concept that was very important for Russia. At the beginning of the 20th century the ideas of the “orientalists” and other publicists contemplating Russia’s special mission in Asia, lost their former influence. Their distant echo can be found in the program of the prominent White movement leader baron R.F. Ungern, who brought forward the idea of establishing a Pan-Asian monarchy relying on China during Civil War.


2003 ◽  
Vol 54 (1) ◽  
pp. 7-44
Author(s):  
Vagn Wåhlin

Folkelige og sociale bevagelser. Nyere forskningsretninger og kvalitative forstaelser[Popular and Social Movements. Recent Research Approaches and Qualitative Interpretations]By Vagn WahlinHowever fascinating Grundtvig himself is as a central figure in 19th century Denmark, we, the citizens of the Third Millennium, have to ask why and how he is also interesting today and how his word, work and influence spread. Part of the answer to that fundamental question lies in the fact that he was the right man at the right place at the right time, with the right tidings to tell some clergymen and many peasant farmers on their dominant, middle size, family farms that they were the core of the nation. But part of the answer is to be found in the fact that his followers managed to elevate him to the influencing position as an inspirer and prophet of a broad popular movement that lasted for generations after his death. This popular, national and Christian movement of the Grundtvigians interacted in the social and political development of more than a hundred years with the other broad popular and ideological movements of Denmark such as the Labour Movement, the more Evangelical movement of the Home Mission, the Temperance movements, the Suffragists and women’s organizations, the associations of the world of sport, the political and youth organizations, etc. They were all active on the local level and soon also on the national level and, from the 1880s and onwards, established more firm organizations and institutions to deal with practical matters such as schools, boy scouts, community houses, soccer stadiums, magazines, newspapers, political associations, trade unions, as well as organized economic and anticapitalistic activities by co-operative dairies, breweries, slaughterhouses, export companies etc. As long as the agrarian sector of society (until around 1960-1970) dominated the national export to pay for the large import of society, that pattern of popular movements, also in the urban industry, influenced most of Danish history and life - and is still most influential in today’s post-modern society.During absolutism (1660-1848), organized social activities and associations were forbidden or strictly controlled. Yet a growing and organized public debate appeared in Copenhagen in late 18th century, followed by literary and semi-political associations amongst the enlightened, urban bourgeoisie. Around 1840 the liberals had organized themselves into urban associations and through newspapers. They were ready to take over the power of the society and the state, but could only do so through an alliance with the peasant farmers in 1846 followed by the German uprising in 1848 by the liberals in Schleswig-Holstein.In Denmark there existed a rather distinct dividing line - economic, cultural, social and in terms of political power - between two dominant sectors of society: Copenhagen, totally dominant in the urban sector, in contrast to the agrarian world, where 80% of the population lived.In the urban as well as in the agrarian sectors of society, the movements mostly appeared to be a local protest against some modernization or innovative introductions felt as a threat to religious or material interests - except for a few cases, where the state wanted an enlightened debate as in the Royal Agrarian Society of 1769. Whether the said local protesters won or lost, their self organization in the matter could lead to a higher degree of civil activity, which again could lead to the spread of their viewpoints and models of early organization. The introduction of civil liberties by the Constitution of 1849 made it more easy and acceptable for the broad masses of society to organize. However, with the spread of organizations and their institutions in the latter part of the 19th century, an ethical and social understanding arose that the power of the organized citizens should be extended from the special or vested interests of the founding group to the benefit of the whole of society and of all classes.So everybody who contributes positively, little or much, to the upholding and development of Danish society should be benefited and embraced by the popular movements. Around 1925 the Labour Movement as the last and largest in number and very influential had finally accepted that ethical point of view and left the older understanding of the suppressed army of toiling and hungry workers. The people, the ‘folk’, and the country of all classes had then been united into ‘Danmark for folket’ (a Denmark o f by and fo r the people).So while a social movement may be an organization of mere protest or vested interests or a short-lived phenomena, a ‘folkelig bevagelse’ (popular movement) became what it was at first - in the understanding of the majority of the Danes, but not in the eyes of the 19th century bourgeois and landowner elite - a positive label. It is still so today, though it is now questioned by many of the more internationally-minded members of the new elite. The word ‘folk’ in the term ‘folkelig bevagelse’ is so highly valued that nearly all political parties of today have included it in their names. For the majority of people, Danish and popular and movements stand for the organized societal activity of those who accept the language, history, culture including religion, landscapes, national symbols, etc. of Denmark and who incorporate all this as a valid part of their self-understanding just as they actively take part in the mutual responsibility for their fellow countrymen. This general attitude is most clearly demonstrated when it is severely breached by some individual or group.With the addition of the Church and the Christian dimension, we have what is the essence of Grundtvig’s heritage. Without this source of inspiration, the popular movements up to a generation ago would have been different and perhaps of less importance, and without the popular movements, Grundtvig’s influence would have been less important in Denmark of the last hundred years. We may best understand this as a process of mutual dependency and of a mutual societal interaction.


2019 ◽  
Vol 63 (3-4) ◽  
pp. 139-145
Author(s):  
Marta Konířová

The development of school libraries established at schools providing elementary education in the 19th century is closely related to the development of this type of schools after 1774, when the General School Rules were published. For the first time, they referred to education as a political issue and declared the interest of the state in the education of all the population. In the 1820s, a decree of the court study committee ordered district school supervisors to inspect books in school libraries and gave them the right to decide whether a particular book fits into the school library. In 1869, a new school act cancelled the supervision of the Church over schools and transferred it to the state. First, the state supported school libraries by listing them among the teaching aids that should be available for every school. In addition, a decree of the Ministry of Cult and Education encouraged the establishment of school libraries where they were still missing. Subsequently (1875), however, the ministry ordered teachers to check new books acquired by school libraries, to inspect also all the other books already deposited in the libraries and to discard all of those that were unsuitable. Ten years later (1885), new inspection of all school libraries was ordered.


2021 ◽  
Vol 2 (3) ◽  
pp. 45-51
Author(s):  
Alexander P. Lednev

The present article examines interaction between public administration bodies of Nizhny Novgorod Fair and the state authorities in solving customs policy issues in the post-reform period of the 19th century It was the public administration bodies, whose functions included planning measures to improve the quality of trade and petitioning the government about the needs of domestic industry and trade, that influenced implementation of domestic and foreign state policy. The fair public administration, taking into account the importance that the Nizhny Novgorod Fair had in domestic and foreign trade, was the center of unification of all Russian merchants. Since the mid-1880s, public administration bodies, in particular the fair committee, formed in 1864, whose powers gradually grew, began to exercise representative functions on the issues of domestic trade and industry development. In particular, with direct involvement of the public fair management bodies in the 1880s, a large range of issues was discussed; these issues related to: the transit of foreign goods through the Transcaucasian Territory, which existed for several decades and caused significant damage to the production of Russian manufactory; sales markets in the Central Asia, Persia and the Far East; transformations of the entire customs system in Russia and changes in existing customs tariffs with the direct participation of the commercial and industrial estate representatives. As a result, a number of measures in the state customs policy carried out by the state authorities ultimately contributed to the development, expansion and strengthening the positions of domestic industrial production and trade. Public administration bodies, including the fair committee, became especially active in the 1890s. It is during this period that the authority of the fair management increases. And the fair committee itself began to express the interests of the commercial and industrial estate of whole Russia.


2018 ◽  
Vol 18 ◽  
pp. 77-92
Author(s):  
Esther Zyskina

The paper considers is the transformation of the image of the Ottoman Empire in the publicistic texts by Ephraim Deinard, outstand ing Jewish writer and journalist of the turn of the 19th and 20th centu ries. The research was based on two Deinard’s works, “Atidot Israel” (“The Future of Israel”, 1892) and “Tzion be’ad mi?” (“Zion for Whom?”, 1918), which deal with a variety of topics, including Deinard’s opinion on the Ottoman Empire. In particular, the radical change of his position from the statements in “Atidot Israel” to those in “Tzion be’ad mi?” is observed. Deinard discusses the following three aspects, each case being a vivid example of this controversy: 1. The Ottoman government’s attitude towards Jews and the pros pects of the collaboration of the Jewish community with the government; 2. The economic situation in the Ottoman Empire and its foreign policy; 3. The culture and cultural policy in the Ottoman Empire. Deinard’s interest in Turkey was initially caused by his Zionist views, as the Land of Israel was part of the Ottoman Empire. Later, after World War I and especially after the Balfour Declaration in 1917, the Zionists placed their expectations on Britain, while Turkey, after losing the war and the territory so important for Jews, could no more be praised by Dei nard. In addition, Deinard had lived in the USA for more than 30 years by 1918, and it is merely logical that his publicistic works were aimed against the USA’s enemy in World War I. This shift looks especially interesting when looked at through the context of the history of the Russian Jewish Enlightenment. A very simi lar process occurred in the ideology of the Russian maskilim in the 19th century. Throughout the 19th century, they believed that the Jews should be integrated in the Russian society and viewed the Russian government as their ally. The Russian authorities, correspondingly, tried to assimilate the Jews and to make them an integral part of the society. However, af ter the pogroms of 1880s, the authorities’ attitude towards Jews changed dramatically, and so did that of the maskilim towards the government. Laws regarding Jews were tightened and became openly anti-Semitic, and the maskilim started to criticize the state instead of hoping for col laboration with it. Deinard’s works used for this research date to a later period. More over, the aforementioned events influenced his positive attitude towards the Ottoman Empire: concerning the status of Jews in the both countries, Deinard opposed Turkey to Russia. Eventually, however, Turkey took the same place for Deinard as Russia did for his predecessors, the maskilim. His hopes for collaboration with the state were just as replaced by disap pointment and criticism. To conclude, the above similarity may suggest that the shift in Dein ard’s views might have correlated with the change in the ideology of the Russian maskilim.


Author(s):  
Tatjana Nazarova ◽  
Olga Redkinа

Introduction. The article considers the processes of resettlement of the Mennonites in the Black Sea region in the 19th century and solving the land issue which is closely connected with it. Methods and materials. The archival documents of funds of the State archive of the Republic of Crimea and published materials from collections, first of all the acts devoted to the issue of foreign colonization in the Russian Empire formed the source base of the research. The general historical principles of historicism and objectivity and also specific methods are the methodological basis of the research: historical and comparative, historical and genetic, historical and system methods. Analysis. The analysis of the colonization legislation concerning foreign immigrants shows high interest of the government in involving the Mennonites to settling of Novorossiysk region. The land issue was resolved differently: till the 1840s all lands were given to the Mennonites to “eternal” possession of the whole colony, without the right of alienation to third parties; also because of the shortage of free state lands the colonists were granted the permission to buy lands; the government also bought comfortable lands to treasury for its distribution among the Mennonites. Results. The authors underline the following features of land management in Mennonite settlements: land plots were distributed by household and family, without splitting (sixty five tithes per family); there was a minority right, which led to an increase in the number of landless. In the second half of the 19th century resettlement of the Mennonites went due to the land purchase or long-term rent with the subsequent repayment, land plots began to be split.


2017 ◽  
Vol 31 (4) ◽  
pp. 7-32
Author(s):  
Magdalena Butrymowicz

Why does the state have power in the area of education over parents’ wishes? The first reason has already been explained above: these are financial and economic aspects. The second reason is of historical nature. The state has controlled education in general historically. When in the 19th century the idea of public schools was created, the state sponsored such schools. Private schools were in a good condition, since they had their own sponsors or proceeds from pupils’ tuitions. When they lost their self-sustainability, they had to request the state for some support. And, as mentioned above, the state had its interest in controlling the educational system, because it wanted to influence the upbringing process of its citizens and create an ideology, which would help to achieve the government’s goal.


Author(s):  
Martin Scheutz

Poverty and Institutional Poor Relief. The Misery of Responsibility. Poor relief in Lower Austria in the 19th century took place in an area of conflict between municipalities, the political districts and the state, the law on the right of domicile, amended in 1863, placing provision services primarily on the shoulders of the municipalities. The communes had to care for the local poor, the “push system” (Schubsystem) returned them to their home communes – but such care mostly proved inadequate. After the unbundling of institutional care for the poor via the foundation of general hospitals, ever more poorhouses dedicated to old-age care were built, but also hostels (Naturalverpflegestationen), which were principally aimed at jobseekers.


Author(s):  
AJ. Arnold ◽  
Robert G. Greenhill

This essay discusses the negotiation of postal contracts between the government and the private sector, and asks whether the state provided private sector shipping companies with excess returns. The essay also describes the operation of Royal Mail’s mail contracts and the development of its non-contract revenues; its commercial and financial returns, and finally compares its results with financial returns in the second half of the 19th century.


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