scholarly journals Asia and International Law—Common Ground and Regional Diversity

2011 ◽  
Vol 1 (2) ◽  
pp. 217-231 ◽  
Author(s):  
Christian TOMUSCHAT
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Common Ground ◽  
Colonial Rule ◽  
Global Level ◽  
World War ◽  
Considerable Time ◽  
The World ◽  
Almost All

From a conceptual viewpoint, the legal universe has found its almost perfect configuration in our time. Almost all of the peoples of the world are members of the United Nations and as such are entitled to co-operate in shaping the direction and content of policies at the global level. Before World War II, and even a considerable time after the horrendous events unleashed by that war, many nations had no say in international matters. They were placed under colonial rule, which meant that their voices were not heard—or heard only through the mediation of the powers that acted as their wards and guardians. That situation of structural discrimination has changed dramatically. All the peoples of the world have reached sovereign statehood and have been admitted to the world forum.

Indifferent Sanctuary: German-Speaking Refugees and Exiles in Argentina, 1933-1945

1982 ◽  
Vol 24 (4) ◽  
pp. 395-420 ◽  
Author(s):  
Ronald C. Newton
Keyword(s):  
World War Ii ◽  
Total Population ◽  
World War ◽  
European Origin ◽  
World Crisis ◽  
Jewish Refugees ◽  
The World ◽  
German Speaking ◽  
Per Capita ◽  
Almost All

Between 1933 and the end of World War II, Argentina became the home of some 43,000 Jewish refugees from Nazism, almost all of them of German, Austrian, or West European origin. Measured against the country's total population, 13 million in 1931, 16 million according to the 1947 census, Argentina received more Jewish refugees per capita than any other country in the world except Palestine (Wasserstein, 1979: 7,45). This did not occur by design of the Argentine government; on the contrary, its immigration policies became interestingly restrictive as the years of the world crisis wore on.In practice, however, Argentina was unable to patrol effectively its long borders with the neighboring republics of Chile, Bolivia, Paraguay, Brazil, and Uruguay. The overseas consuls of these nations, especially the first three, did a brisk and lucrative trade in visas and entry permits for persons desperate to escape the Nazi terror.

scholarly journals Introduction: Looking Back to Look Forward

2020 ◽  
Vol 34 (3) ◽  
pp. 279-283
Author(s):  
Margaret P. Karns
Keyword(s):  
World War Ii ◽  
United Nations ◽  
Organizational Structures ◽  
First Century ◽  
World War ◽  
Member States ◽  
Look Back ◽  
The World ◽  
The United Nations ◽  
Looking Back

The seventy-fifth anniversary of the founding of the United Nations in 1945 invites us to look back at the achievement of creating this new organization even before the guns had fallen silent in World War II. It also prompts us to ask: Where is the organization today? How well has it fulfilled and is it still fulfilling the high ideals of its Charter? Even more importantly, how confident can we be that what has grown into the complex UN system will not just survive but also provide its member states and the peoples of the world with the organizational structures, resources, and tools needed to address twenty-first century challenges?

Japan

2019 ◽  
pp. 319-340
Author(s):  
Mogami Toshiki
Keyword(s):  
United States ◽  
World War Ii ◽  
World War I ◽  
International Law ◽  
The United States ◽  
International Tribunal ◽  
World War ◽  
Post World War Ii ◽  
The World ◽  
Unequal Treaties

This chapter examines international law in Japan. It begins by looking at Japan’s embroilment with international law in the course of its efforts to revise the unequal treaties which had been concluded with about a dozen Occidental states while Japan was categorized as one of the ‘barbarian’ states in the world. After gradually overcoming this unequal status, it became a late-coming big power around the end of World War I. This big power then plunged into World War II, with the result that it was then branded an aggressor state and was penalized in an international tribunal. After that defeat, it turned into both a serious complier of new—that is, post-World War II—international law and a state deeply obedient to the United States. These factors have brought about complex international law behaviour as well as serious constraints in Japan’s choice of international law action.

Laughter in the Ghetto

2020 ◽  
Vol 53 (2) ◽  
pp. 49-61
Author(s):  
Lisa Peschel
Keyword(s):  
World War Ii ◽  
Detailed Analysis ◽  
Psychological Health ◽  
Psychological Effects ◽  
World War ◽  
Cultural Life ◽  
The World ◽  
Different Types ◽  
Theatrical Performances ◽  
Almost All

The World War II Jewish ghetto at Theresienstadt, forty miles northwest of Prague, was the site of an uncommonly active cultural life. Survivor testimony about the prisoners’ theatrical performances inspired a question: why were almost all of the scripts written in the ghetto comedies? The recent rediscovery of several scripts has made possible a detailed analysis that draws from recent research on the psychological effects of different types of humour. This analysis reveals that, regardless of age, language or nationality, the Theresienstadt authors universally drew upon two potentially adaptive types of humour (self-enhancing and affiliative humour) rather than two potentially maladaptive types (aggressive and self-defeating humour). Perhaps instinctively, they chose the very types of humour that have a demonstrated association with psychological health and that may have helped them preserve their psychological equilibrium in the potentially traumatising environment of the ghetto.

Victory, Roosevelt’s Synthesis, and the Postwar World, 1944–1945

2020 ◽  
pp. 197-238
Author(s):  
David F. Schmitz
Keyword(s):  
World War Ii ◽  
United Nations ◽  
New Hampshire ◽  
International Monetary Fund ◽  
Postwar Period ◽  
World War ◽  
The World Bank ◽  
The World ◽  
Last Stage ◽  
The International Monetary Fund

The success of the D-Day landing on June 6, 1944 began the last stage of World War II that culminated in victory in Europe in May 1945 and Asia in August 1945. While Roosevelt did not live to see the final victories, his actions in 1944 and early 1945 shaped much of the postwar period. The month after the landings at Normandy beach, forty-four nations met at Bretton Woods, New Hampshire where they established the International Monetary Fund and the World Bank for Reconstruction and Development. In August, delegates from around the world gathered at the Dumbarton Oaks Conference in Washington to begin the establishment of the United Nations. In February, 1945, the Big Three met again at Yalta to plan for the end of the war, occupation of Germany, and postwar peace.

scholarly journals The UN and Multilateralism under Siege in the “Age of Trump”

2018 ◽  
Vol 4 (1) ◽  
pp. 1-17
Author(s):  
Thomas G Weiss
Keyword(s):  
World War Ii ◽  
United Nations ◽  
Historical Context ◽  
World War ◽  
Donald Trump ◽  
International Action ◽  
The World ◽  
The United Nations

AbstractThis essay poses two questions: “Would the World Be Better without the UN?” and “Would the World Be Better without Donald Trump?” The answers are “No” and “Yes.” It begins by discussing the UN’s value and continues by probing the historical context of U.S. approaches to multilateralism and Washington’s unhesitating leadership during World War II, an era as fraught as ours. It then analyzes the implications of the Trump Administration’s “America First” policy on the United Nations and considers the possibilities for concerted international action without Washington. It concludes by examining the odds that the world body can become fitter-for-purpose.

Louis Sohn’s Legacy

2020 ◽  
Vol 31 (2) ◽  
pp. 583-600
Author(s):  
Ian Johnstone
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Close Reading ◽  
World Peace ◽  
Political Realism ◽  
World War ◽  
The Usa ◽  
Law Making

Abstract Louis Sohn was an émigré scholar who fled Poland for the USA in 1939, two weeks before the Nazis invaded. His most widely known work is World Peace through World Law, co-written with Grenville Clark, a vision for a reconstructed United Nations. Writing at a time when political realism was ascendant in the USA, Sohn was labeled an ‘idealist’. Yet a strain of pragmatism also runs through his scholarship, leading many to praise him as one of the architects of modern international law. As a scholar-practitioner with a mission to help build the post-World War II international order, little overt legal theorizing appears in his work. But a close reading reveals ideas that drew implicitly on extant theory or were developed by later theorists without reference to Sohn’s writing. To help frame the analysis, this article situates Sohn’s writing in two strands of theoretical literature: pre-positivist, positivist and ‘post-positivist’ approaches to law-making by international organizations; and functionalist, constitutionalist and deliberative approaches to the powers of, and constraints on, those organizations. Sohn does not fall neatly into any of those categories; instead, fragments of his work can be found at many points along each spectrum. While the fragments do not add up to a coherent whole, the theoretical contributions of this ‘pragmatic idealist’ are greater than meets the eye.

The Relation of International Law to Internal Law in the French Constitutional System

1950 ◽  
Vol 44 (4) ◽  
pp. 641-669 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
New Members ◽  
The Family ◽  
The World ◽  
Political Traditions ◽  
Peaceful Development ◽  
Constitutional System

During the five years that have elapsed since the close of hostilities in World War II, approximately one-half of the nations of the world have adopted new constitutions or have drastically revised existing ones. While some constitutions have been the products of a more or less regular modification, others have marked a revolutionary, though peaceful, development in conformity with Western political traditions. Some have followed the re-emergence of nations in defeat, and others have signalized the birth of new members of the family of nations. Finally, the régimes of the “People’s Democracy” have established instruments of government which are revolutionary both in their origin and their content.

Collaborators! Aftermath of Wartime Support for the INA among Indians in China

China Report ◽  
2018 ◽  
Vol 54 (3) ◽  
pp. 325-340
Author(s):  
Nirmola Sharma
Keyword(s):  
World War Ii ◽  
Colonial Rule ◽  
World War ◽  
Indian Community ◽  
Political Activities ◽  
Indian Immigrants ◽  
The World ◽  
British Colonial ◽  
Indian National Army ◽  
Sizeable Number

This article discusses the plight of the Indian community in China after the World War II. During the World War II, a sizeable number of Indian immigrants in China had been mobilised under the banner of the Indian National Army (INA), which was fighting for freedom from British colonial rule in alliance with Japan. This article seeks to understand the complex problems faced by the Indians in China in the aftermath of the War both because of the general dislocation they had suffered on account of war and occupation, and also because of their active or passive participation in a movement seen as ‘collaborationist’. It looks at how, for the British, Chinese and even Indian authorities, the issue of their status as ‘collaborators’ coloured the humanitarian issue of providing relief to a severely afflicted community. It also attempts to show how the wartime political activities of Indians in China not only had immediate consequences for them but also in some cases had an afterlife, which lasted for quite a few years after the War.

The Impact of the New States on International Law

1969 ◽  
Vol 4 (1) ◽  
pp. 27-60
Author(s):  
L. C. Green
Keyword(s):  
United Nations ◽  
Free Will ◽  
International Law ◽  
Second World War ◽  
International Organization ◽  
World War ◽  
The World ◽  
New States ◽  
The Impact ◽  
Second World

There has been a growing tendency since the establishment of the United Nations in 1945 to differentiate general international law from the law of international organization. If one were to accept this bifurcation it would be necessary to deal with the impact of new States under two distinct rubrics. For the purpose of this paper it is more convenient to make no such distinction, but to deal with the effects of the creation of more than fifty new States since the end of the Second World War on international legal relations at large.One of the paradoxes of international law is that its binding authority rests to a great extent upon the consent of those it purports to bind. This consensual basis of international law finds expression in the judgment of the World Court in the S. S. Lotus: “The rules of law binding upon States emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.”

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