Mogul Sovereignty and the Law of Nations (1955)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Internal Structure ◽  
Legal Status ◽  
The West ◽  
Legal Nature ◽  
Law Of Nations ◽  
The Family ◽  
The Law ◽  
State Relations ◽  
Inter State

The historian of the law of nations, when considering Mogul sovereignty, is concerned with two main problems: first, the legal status of the Mogul Empire within the family of nations and the type of law applicable to inter-state relations at that time; and second, the internal structure of the Empire, which was essentially based on a network of suzerain–vassal relationships. This chapter discusses a few characteristic events to shed more light on these problems. Such events may be chosen from Anglo-Mogul relations in the sixteenth, seventeenth, and eighteenth centuries. The period between the reign of Emperor Akbar and Emperor Aurangzeb saw the greatest expansion of the Empire and one of the most remarkable episodes during this period—an episode which helps to illustrate the legal nature of relations between India and the West, the embassy of Sir Thomas Roe to the Court of Agra.

Preface.

2019 ◽  
pp. 19-23
Author(s):  
Jean Allain
Keyword(s):  
French Revolution ◽  
The State ◽  
Napoleon Bonaparte ◽  
Law Of Nations ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
The French Revolution

Joseph-Mathias Gérard de Rayneval’s Preface to his Institutions du Droit de La Nature et des Gens sets out the content of his study. The Preface outlines each of the three Books and the Appendix, wherein he considers the fundamentals of the Law of Nations in the wake of the French Revolution and the coming to power of Napoleon Bonaparte. Those consideration are developed by first providing an understanding of the internal functioning of the State so as to then build an understanding of the Law of Nations. Having set out the principles which govern inter-State relations, Rayneval provides an Appendix which focus on the policy considerations for those seeking to navigate the art of governing.

Puffendorf–Crull and the Afro–Asian World (1968–69)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
State Formation ◽  
Original Text ◽  
Law Of Nature ◽  
Main Work ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
State Relations ◽  
Inter State

This chapter discusses the work of Samuel Puffendorf (1632–94) and Jodocus Crull. Puffendorf, a professor at the Universities of Heidelberg and Lund, completed his main work on the Law of Nature and Nations in 1672. Ten years later he released the first volume of the Introduction to the History of the Principal States of Europe and volumes (II–III) appeared in the next few years. This treatise on European affairs was later extended to other continents constituting an Introduction to the History of Asia, Africa, and America. Evidence suggests that the original text of volume IV was written by Jodocus Crull. This is of particular interest to historians of the family and law of nations, as it was the first work on the history of universal inter-state relations covering all continents, civilizations, and various types of state formation, making its appearance within the framework of Puffendorf’s treatise.

‘Jus Gentium’ and the Law of Nature in Asia (1956)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
State Law ◽  
The West ◽  
Law Of Nature ◽  
Strong Emphasis ◽  
Law Of Nations ◽  
Independent States ◽  
The Law ◽  
International Character ◽  
Mutually Independent ◽  
Inter State

This chapter discusses the development of the law of nations in Asia. China, for instance, developed their own notions of inter-state law and practice with a strong emphasis on the institution of vassal states who acknowledged the supreme authority of the imperial suzerain. There seems to have been legal equality among these mutually independent states in the Chinese Commonwealth. Diplomatic intercourse was well known and envoys enjoyed immunity, though to a lesser degree than in the West. In India, the relations between rulers led to the development of principles of an international or quasi-international character. Kautilya’s Arthashastra bears witness to the existence of a well-defined set of rules which prevailed in the various ‘circles’ of states. Interstate law in India knew humanitarian rules of warfare, the inviolability of envoys, the vassal–suzerain relationship, and principles relating to maritime intercourse.

scholarly journals INTERNATIONAL AGREEMENTS AS A SOURCE OF INTERNATIONAL FINANCIAL LAW

2021 ◽  
pp. 185-194
Author(s):  
O. R. Vaitsekhovska
Keyword(s):  
Legal Status ◽  
International Agreements ◽  
International Agreement ◽  
Legal Analysis ◽  
Legal Nature ◽  
Terrorism Financing ◽  
Set Up ◽  
State Relations ◽  
Inter State

The article under studies is a legal analysis of the international contractual lawmaking in the field of finance. It lays particular emphasis on the role of international financial agreements in forming the international financial order enforcement. The article contains a classification of international agreements, which directly or indirectly aim at regulating financial relations according to the following criteria: 1) the subject of legal regulations; 2) the legal status of the parties that conclude an international agreement; 3) the number of the parties in an international agreement. In addition, the paper under discussion analyzes the contents of the statutes of certain international financial organizations, whose norms play a significant role for the legal-normative constituent of the international financial order enforcement. The research indicates that in compliance with the nature of the irfunctions and the number of the parties, international financial agreements are divided into: A) the international agreements, which set up the legal basics and a single procedure of the inter-state relations in a certain field of activities of the international financial relations (the fields of currency relations, settlement relations, countering terrorism financing, etc.) andserveas a basis for concluding other agreements in a respective area: 1) the international agreements that aim at coordinating states in the international financial relations (statutes of the international financial organizations); 2) the international agreements that have a mixed legal nature in the context of the ultimate legal entities, to which most of the provisions of the agreement are directed. Such inter-state agreements make the states fulfil their obligations by implementing the international norms into their national legislations, which concern the financial relations between legal and juridical persons. B) The international agreements, which contain individually determined financial norms (on the issues of financing, investing, etc.).

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

9. The Legal Position of Children

2015 ◽  
pp. 296-329
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Legal Status ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Parent Child

This chapter discusses the legal position of children. It first considers the relatively simple issues of who the law regards as a child and the meaning of ‘child of the family’. It then discusses the child's legal status; the changing nature of the parent-child relationship; and the still developing notion of the child's independent or autonomy rights.

Freitas Versus Grotius (1959)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Seventeenth Century ◽  
Legal Status ◽  
East India Company ◽  
Dutch East India Company ◽  
Hugo Grotius ◽  
Straits Of Malacca ◽  
State Relations ◽  
The University ◽  
Inter State

This chapter considers the work of Franciscus Seraphin de Freitas, a professor at the University of Valadolid, in particular his treatise entitled De Justo Imperio Lusitanorum Asiatico, and compares his influence to that of Hugo Grotius. Freitas and Grotius were participants in a case that arose from the seizure of a Portuguese vessel in the Straits of Malacca by a Dutch Admiral employed by the Dutch East India Company. Its capture was questioned by some Company members who opposed the adjudication of the prize by the Dutch Admiralty Court. Grotius defended the case and Freitas was chosen to state a case for the King of Spain who was also then the sovereign of Portugal. The chapter argues that Freitas deserves his due place among the writers of the seventeenth century who contributed to the clarification of problems relating to the legal status of the sea and to European–Asian inter-state relations.

Le Droit des Nations aux Indes Orientales Aux XVIE, XVIIE, XVIIIE siècles (1964)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Natural Law ◽  
European Law ◽  
Historical Reality ◽  
Law Of Nations ◽  
The Family ◽  
The Indian Ocean ◽  
Territorial Rights ◽  
The Law

This chapter challenges the projection of nineteenth-century assumptions onto the historical reality of the sixteenth through eighteenth centuries by arguing that the earlier transactions between European and Asian powers took place under the rubric of the law of nations. The classical European authors founded their theories on natural law and considered the family of nations universal, and Europeans acquired territorial rights in Asia in accord with principles of European law, through conquest or treaties of cession. The law of nations in Europe at this time was still in formation, and juridical developments were affected by the practice of states in the Indian Ocean. The chapter considers uncertainties and debates around sovereignty (vassals, suzerains, trading companies), territorial title, and maritime law, particularly in the controversy between Grotius and Freitas, and the rise of discriminatory monopolistic treaties that restricted Asian sovereigns’ ability to deal with more than one European power.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

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