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.

Nineteenth Century Arbitrators’ Powers—Has There Been Any Progress to Date?

2018 ◽  
Vol 17 (1) ◽  
pp. 217-235
Author(s):  
José Manuel Álvarez Zárate
Keyword(s):  
Nineteenth Century ◽  
Natural Law ◽  
Focus Of Attention ◽  
Important Change ◽  
Future Generations ◽  
Law Of Nations ◽  
Investment Law ◽  
The Law ◽  
Arbitral Proceedings

Abstract Investment arbitrators’ authority has been a focus of attention today, e.g. regarding the extent of their powers to interpret and apply the law, to conduct arbitral proceedings, to dissent from their fellow co-arbitrators, and with regard to their duty to be impartial and independent. Two hundred years ago, practitioners, arbitrators and states confronted similar challenges, and through legal doctrines, treaties and practices a path was laid out for future generations of practitioners and arbitrators, where clear legal lines were drawn to distinguish between arbitrators’ procedural and substantive powers and their duties with regard to each of them. The consent and sovereignty of states were duly deferred to by arbitrators and umpires, limiting their job to settle a case. Thus, arbitrators had the duty of impartially interpreting and applying the law of nations, i.e. the natural law, and to deliver a final and binding award. Arbitrators were not bound by precedents, and if they made an unjust or unfair decision, beyond the law, countries could refrain from complying with it, which limited arbitrators’ interpretive powers. In conclusion, not much has changed to date with regard to the procedural powers given to arbitrators. The authority delegated to them by states was to strictly settle the case; no power to develop the law was ever given, which still applies now. Hence, the only important change that has been introduced today is that of claiming the so-called inherent power to help in the development of investment law, which is being driven mainly by arbitrators, and not by states.

Editorial Introduction

2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Editors of the JIOWS
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Western Indian Ocean ◽  
Late Nineteenth Century ◽  
Fourth Volume ◽  
History Of ◽  
The Indian Ocean ◽  
Complex Relationships ◽  
Indian Ocean World ◽  
Shed Light

The editors are proud to present the first issue of the fourth volume of the Journal of Indian Ocean World Studies. This issue contains three articles, by James Francis Warren (Murdoch University), Kelsey McFaul (University of California, Santa Cruz), and Marek Pawelczak (University of Warsaw), respectively. Warren’s and McFaul’s articles take different approaches to the growing body of work that discusses pirates in the Indian Ocean World, past and present. Warren’s article is historical, exploring the life and times of Julano Taupan in the nineteenth-century Philippines. He invites us to question the meaning of the word ‘pirate’ and the several ways in which Taupan’s life has been interpreted by different European colonists and by anti-colonial movements from the mid-nineteenth century to the present day. McFaul’s article, meanwhile, takes a literary approach to discuss the much more recent phenomenon of Somali Piracy, which reached its apex in the last decade. Its contribution is to analyse the works of authors based in the region, challenging paradigms that have mostly been developed from analysis of works written in the West. Finally, Pawelczak’s article is a legal history of British jurisdiction in mid-late nineteenth-century Zanzibar. It examines one of the facets that underpinned European influence in the western Indian Ocean World before the establishment of colonial rule. In sum, this issue uses two key threads to shed light on the complex relationships between European and other Western powers and the Indian Ocean World.

Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean, Preliminary Objections (ITLOS)

2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Maritime Boundary ◽  
The Indian Ocean ◽  
The Law ◽  
Arbitral Proceedings ◽  
Chagos Archipelago

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.

scholarly journals Diplomacia em xeque: Direito das Gentes e escravidão na agenda bilateral Brasil-Uruguai (1847-1869) * Diplomacy put at stake: Law of Nations and slavery in Brazil-Uruguay bilateral agenda (1847-1869)

2015 ◽  
Vol 4 (1) ◽  
pp. 140
Author(s):  
RAFAEL PETER DE LIMA
Keyword(s):  
Nineteenth Century ◽  
International System ◽  
Central Object ◽  
Law Of Nations ◽  
The Law

<p><strong>Resumo: </strong>O presente artigo se propõe a analisar os embates diplomáticos entre Brasil e Uruguai em meados do século XIX que tiveram como eixo o imbricado terreno de convergência entre a escravidão e a diplomacia. Com frequentes desacordos de interpretações e encaminhamentos – frutos em grande parte da contraposição entre a estrutura escravista vigente no Brasil frente às leis abolicionistas uruguaias já implementadas –, o assunto alimentou profundas tensões na pauta bilateral e debates sobre elementos instituintes do ordenamento internacional mais amplo. Como objeto central da problemática a aplicação, extensão e validade do Direito das Gentes como balizador para a questão.</p><p><strong>Palavras-chave:</strong> Escravidão; Diplomacia; Direito das Gentes.</p><p> </p><p><strong>Abstract: </strong>This article aims to analyze the diplomatic clashes between Brazil and Uruguay in the mid nineteenth century that had the shaft interwoven plot of the convergence between slavery and diplomacy. With frequent disagreements of interpretation and referrals – fruit in much the contrast between the current slave structure in Brazil ahead to the Uruguayan-abolitionist laws already implemented –, it fueled deep tensions in the bilateral agenda and discussions on instituting elements of the wider international system. As the central object of problematic the application, extent and validity of the Law of Nations as a beacon to the issue.</p><p><strong>Keywords:</strong> Slavery; Diplomacy; Law of Nations.</p>

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