Le rôle des Traités dans les relations entre les puissances européennes et les souverains africains

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Colonial Period ◽  
Transitional Period ◽  
North African ◽  
Law Of Nations ◽  
History Of ◽  
Bilateral Treaties

This chapter divides the history of treaty-making between European and African powers into three periods. In the pre-colonial period through the end of the eighteenth century, European treaty relations with primarily North African powers reflected a non-discriminatory law of nations. During a transitional period leading to the 1885 Congress of Berlin, provisions of equality and reciprocity disappeared from European treaties with African powers. Still, as European powers sought to secure juridical title to African land through bilateral treaties of territorial cession and protection with African sovereigns, the latter retained a measure of influence over negotiations. After the Congress of Berlin, the majority of international jurists, members of the positivist school, defied the rules of traditional international law with a new conception of colonial protectorate that gave European powers carte blanche to occupy and annex the territory of ‘protected’ states.

The Use of Vattel in the American Law of Nations

2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
International Peace ◽  
Founding Fathers ◽  
Law Of Nations ◽  
American Law ◽  
History Of ◽  
The Law ◽  
History Of International Law

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.

Part III Regimes and Doctrines, Ch.35 Theorizing Free Trade

2016 ◽  
Author(s):  
Orford Anne
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Free Trade ◽  
Trade Agreements ◽  
The Social ◽  
Political Struggles ◽  
The World ◽  
History Of ◽  
Market Distortion ◽  
Historical Trajectory

This chapter re-examines the history of free trade and its relationship to international law. It locates contemporary trade agreements within a larger story about the relation between the state, the market, and the social; explores why it is useful to place current trade agreements within a longer historical trajectory; offers a brief narrative of how the concept of free trade has moved across a two-hundred-year period since the late eighteenth century; and concludes that concepts such as free trade (and related concepts such as discrimination, market distortion, protection, and subsidies) are the product of political struggles over particular ways of understanding the world, justifying entitlements to resources, explaining why some people should profit from the labour of others, and legitimizing the exercise of power.

The Theory of Recognition in Fieri (1958)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Direct Influence ◽  
Historical Survey ◽  
Early Nineteenth Century ◽  
Formative Stage ◽  
Law Of Nations ◽  
New States ◽  
The Law

The historian of international law attempting an inquiry into the law of recognition of States and governments during its formative stage, particularly into eighteenth-century sources, is bound to consult the first historical survey of the literature of the law of nations by D. H. L. Ompteda, published in 1785. Ompteda referred to problems of recognition under the general heading of the fundamental right of nations to freedom and independence. All the essays he mentioned as being directly or indirectly relevant to problems of recognition of new States or rulers were written by comparatively unknown authors. Among them, Justi and Steck were perhaps the most active participants in the first attempts to formulate a theory of recognition. This chapter considers these early attempts, in particular the direct influence of Justi and Steck on Martens and Klueber, and through them on Henry Wheaton and some of the early nineteenth-century writers.

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.

The Law of Nations in Global History

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global History ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Regional Histories ◽  
International Rule

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.

Neutralization as a Movement in International Law

1927 ◽  
Vol 21 (1) ◽  
pp. 79-94 ◽  
Author(s):  
Malbone W. Graham
Keyword(s):  
International Law ◽  
Minor Importance ◽  
Scientific Evaluation ◽  
Law Of Nations ◽  
Satisfactory Account ◽  
Unusual Phenomenon ◽  
History Of ◽  
Major Attention ◽  
Accepted Practice ◽  
Constituent Elements

Writers on the history of the law of nations, in dealing with neutralization as an accepted practice, have seldom given a satisfactory account of the development of the ideas underlying this unusual phenomenon in international law. They have, in general, been inclined to treat it in a rather fragmentary manner; merely to note in passing certain scattered instances as of minor importance and to devote their major attention to the more outstanding occasions on which the European Powers have settled some given problem by the use of the formula of neutralization. It is thus rendered exceedingly difficult to form an objective appraisal of the ideological forces back of the movement, or effectively to analyze and weigh the constituent elements entering into it. In consequence, the movement has for the most part escaped scientific evaluation.

Jefferson and the Law of Nations

1919 ◽  
Vol 13 (3) ◽  
pp. 379-399
Author(s):  
Louis Martin Sears
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Classical Period ◽  
Human Relations ◽  
Law Of Nations ◽  
New Development ◽  
Practical Politics ◽  
The Law ◽  
New Nation ◽  
International Anarchy

The embargo upon commerce which Congress at the suggestion of President Jefferson decreed in 1807 was more than an experiment in practical politics. It was the test on a magnificent scale of a theory of international law long maturing in the President's mind, and the fitting contribution of a new nation to a body of doctrine which owed its revival, if not its inception, to the need of curbing the international anarchy which accompanied the rise of modern states. The law of nations was a new development. Less than two centuries had passed since Grotius put forth the pioneer work De jure belli ac pacis (1625). The interval between the publication of Grotius' book and the issuance of the embargo decree was, in fact, the classical period in international law. The labors of Leibnitz, Wolff, Vattel, and Bynkershoek built up a system popular, not only with doctrinaires and philosophers, but even with enlightened despots in their more subjective moments. By the close of the eighteenth century, the law of nations had acquired as much prestige as it could ever hope to secure without the support of its own guns and navies. It was the highest political expression of an age which believed in the perfectability of human relations through sheer intellect. And if its dicta sometimes failed to govern the actions of courts and cabinets, its infringement was not a matter of indifference. Nations broke treaties, to be sure, but they did not call them “scraps of paper.”

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