Part I Histories, Ch.10 Hans Kelsen and the Return of Universalism

2016 ◽  
Author(s):  
von Bernstorff Jochen
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Deep Structure ◽  
Second World War ◽  
The Political ◽  
World War ◽  
Legal Scholarship ◽  
Critical Methodology ◽  
Hans Kelsen ◽  
Second World

This chapter illustrates the deep structure of the Kelsenian approach to international law from an intellectual history perspective. Hans Kelsen (1881–1973) was a Viennese law professor in between the two world wars, who is seen by many as one of the most outstanding, if not the most outstanding, jurist of the twentieth century. Therefore studying the Kelsenian approach includes the political, doctrinal, and philosophical context in which Kelsen developed his fundamental critique of the then-prevailing German international law theory. Furthermore, the chapter reveals the subversive and revolutionary force of Kelsen’s critical methodology with a couple of examples, concluding with a few words on how German international legal scholarship dealt with Kelsen’s legacy after the Second World War.

scholarly journals As Condições para uma Paz Duradoura. Uma Leitura de "A Paz pelo Direito", de Hans Kelsen

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Arnaldo Bastos Santos Neto ◽  
Ricardo Martins Spindola Diniz
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Second World War ◽  
Criminal Court ◽  
World War ◽  
War Criminals ◽  
Lasting Peace ◽  
Hans Kelsen ◽  
Second World

AS CONDIÇÕES PARA UMA PAZ DURADOURA. UMA LEITURA DE "A PAZ PELO DIREITO", DE HANS KELSEN CONDITIONS FOR A LASTING PEACE. A READING OF HANS KELSEN’S “PEACE THROUGH LAW”                                                            Arnaldo Bastos Santos NetoRicardo Martins Spindola DinizRESUMO: O pensador central da Escola Vienense de Direito, Hans Kelsen, dedicou-se ao exame de questões fundamentais do Direito Internacional, especialmente, após a eclosão da Segunda Guerra Mundial. Entre os seus textos mais interessantes da nova fase internacionalista, destaca-se "A paz pelo Direito", cujas teses mais importantes, como a defesa de um Tribunal Penal Internacional, a punição dos criminosos de guerra tanto dos lados vencidos como dos vencedores e ainda o papel propugnado por ele para os princípios do Direito Internacional, analisamos no presente artigo. PALAVRAS-CHAVE: Tribunal Penal Internacional; Crimes de Guerra; Teoria Pura do Direito.  ABSTRACT: The central thinker of the Viennese School of Law, Hans Kelsen, devoted himself to the examination of the fundamental questions of International Law, especially after the break of the Second World War. Among his most interesting texts of this new internationalist phase, "Peace through Law" stands out, whose most important thesis, such as the defense of an International Criminal Court, the punishment of war criminals both for losers and winners, and also the role advocated by him to the principles of International Law, are analyzed in this article.KEYWORDS: International Criminal Court; War Crimes; Pure Theory of Law.SUMÁRIO: Introdução 1. O pacifismo jurídico kelseniano. 2. Além da soberania dos estados nacionais. 3. Por um tribunal penal internacional. 4. A questão da soberania. 5. O papel dos princípios. Considerações finais. Referências.

scholarly journals Will the World’s Glass after the Coronavirus Pandemic Be Half-Empty or Half-Full?

Südosteuropa ◽  
2020 ◽  
Vol 68 (2) ◽  
pp. 274-281
Author(s):  
Dubravka Stojanović
Keyword(s):  
First World War ◽  
Second World War ◽  
The Political ◽  
World War ◽  
The First World War ◽  
Great Crash ◽  
Second World ◽  
First World

AbstractThe author comments on the political and economic options in the wake of the coronavirus pandemic that started at the beginning of 2020. She revisits responses to the crises of the First World War, the Great Crash of 1929, and the Second World War, sorting them into ‘pessimistic’ and ‘optimistic’ responses, and outlining their respective consequences.

I

1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs
Keyword(s):  
International Law ◽  
The United States ◽  
Second World War ◽  
World War ◽  
International Court Of Justice ◽  
International Court ◽  
History Of ◽  
American Society ◽  
Second World ◽  
Shed Light

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.

scholarly journals SPIRITS, POWER AND THE POLITICAL IMAGINATION IN LATE-COLONIAL GABON

Africa ◽  
2012 ◽  
Vol 82 (2) ◽  
pp. 187-211 ◽  
Author(s):  
John M. Cinnamon
Keyword(s):  
Second World War ◽  
The Political ◽  
Colonial Administration ◽  
Political Imagination ◽  
World War ◽  
National Politics ◽  
Political Events ◽  
Wide Range ◽  
North Eastern ◽  
Second World

ABSTRACTThrough narratives of an anti-‘fetish’ movement that swept through north-eastern Gabon in the mid-1950s, the present article traces the contours of converging political and religious imaginations in that country in the years preceding independence. Fang speakers in the region make explicit connections between the arrival of post-Second World War electoral politics, the anti-fetish movements, and perceptions of political weakening and marginalization of their region on the eve of independence. Rival politicians and the colonial administration played key roles in the movement, which brought in a Congolese ritual expert, Emane Boncoeur, and his two powerful spirits, Mademoiselle and Mimbare. These spirits, later recuperated in a wide range of healing practices, continue to operate today throughout northern Gabon and Rio Muni. In local imaginaries, these spirits played central roles in the birth of both regional and national politics, paradoxically strengthening the colonial administration and Gabonese auxiliaries in an era of pre-independence liberalization. Thus, regional political events in the 1950s rehearsed later configurations of power, including presidential politics, on the national stage.

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

2002 ◽  
Vol 51 (1) ◽  
pp. 91-117 ◽  
Author(s):  
Jessica Gavron
Keyword(s):  
International Law ◽  
Second World War ◽  
Criminal Court ◽  
World War ◽  
Military Tribunal ◽  
War Criminals ◽  
The First World War ◽  
The Impact ◽  
Second World ◽  
First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

scholarly journals LEGAL FLOWS: CONTRIBUTIONS OF EXILED LAWYERS TO THE CONCEPT OF “CRIMES AGAINST HUMANITY” DURING THE SECOND WORLD WAR

2018 ◽  
Vol 17 (2) ◽  
pp. 507-525
Author(s):  
KERSTIN VON LINGEN
Keyword(s):  
Intellectual History ◽  
Strong Support ◽  
Second World War ◽  
Crimes Against Humanity ◽  
Successful Implementation ◽  
Humanitarian Law ◽  
World War ◽  
Mass Violence ◽  
Constitutive Function ◽  
Second World

This article addresses the normative framework of the concept of “crimes against humanity” from the perspective of intellectual history, by scrutinizing legal debates of marginalized (and exiled) academic–juridical actors within the United Nations War Crimes Commission (UNWCC). Decisive for its successful implementation were two factors: the growing scale of mass violence against civilians during the Second World War, and the strong support and advocacy of “peripheral actors,” jurists forced into exile in London by the war. These jurists included representatives of smaller Allied countries from around the world, who used the commission's work to push for a codification of international law, which finally materialized during the London Conference of August 1945. This article studies the process of mediation and the emergence of legal concepts. It thereby introduces the concept of “legal flows” to highlight the different strands and older traditions of humanitarian law involved in coining new law. The experience of exile is shown to have had a significant constitutive function in the globalization of a concept (that of “crimes against humanity”).

Vom Nachkrieg zum Vorkrieg

2020 ◽  
Keyword(s):  
Foreign Policy ◽  
Historical Consciousness ◽  
Second World War ◽  
Political Order ◽  
The Political ◽  
World War ◽  
Second World

The historical consciousness of the peoples of Europe is still being shaped by their own national histories. The question of the political order that prevailed during the interwar years has remained a perennial issue among historians. The dominant hallmark of this prelude to the Second World War was the rise of dictatorships and the question of whether we can characterise this period as one of uninterrupted crisis. This collection of studies examines the quest for a new European order and the interconnections between domestic and foreign policy during the 1920s and 1930s. It collates different national perspectives in a single volume and asks searching questions about the consequences of the decisions made during the period under examination. With contributions by Dragan Bakić, Maciej Górny, Kurt Hager, János Hóvári, Georg Kastner, Miklos Lojko, Markus Meckel, Ulrich Schlie, Christian Schmidt, Thomas Weber and Werner Weidenfeld.

Conclusion

War Tourism ◽  
2018 ◽  
pp. 213-226
Author(s):  
Bertram M. Gordon
Keyword(s):  
Local Governments ◽  
Ethical Issues ◽  
New Technology ◽  
Second World War ◽  
Tourism Industry ◽  
The Self ◽  
The Political ◽  
World War ◽  
Self Image ◽  
Second World

The study of memory tourism to war sites should not exclude the study of tourism during wartime. Both are components of war tourism, imparting meaning to war for both victors and vanquished. Both reflect their eras, whether through the gazes of the curious individual or the political and economic configurations sustaining the tourism industry. Germans who described a newfound appreciation of their homeland after touring occupied France show how tourism worked in two directions, impacting not only on the sites visited but also the self-image of the visitor. Local governments in France now reach a larger tourism public with new technology. A powerful hold of Second World War imagery in France continues to face ethical issues of sustainability and trivialization.

The Political Economy of the Anglosphere: Geography Trumps History

2019 ◽  
pp. 95-119
Author(s):  
John Ravenhill ◽  
Jefferson Huebner
Keyword(s):  
Economic Integration ◽  
Second World War ◽  
Preferential Trade Agreements ◽  
The Political ◽  
World War ◽  
Total Trade ◽  
Trade Patterns ◽  
The Us ◽  
The World ◽  
Second World

Economic integration among Anglosphere economies peaked during the period from 1870 to 1960. Maintenance of Imperial Preferences and the Sterling Area ensured that Britain remained the dominant market for most colonies and Dominions in the early post-Second World War period. Britain’s entry into the EEC, the ending of Commonwealth preferences, and the rapid growth of Asian economies caused the UK’s share in Anglosphere economies’ exports to decline rapidly. Growth in the US market share offset some of this decline until the financial crisis of 2007–8 reversed this trend. The significance of intra-Anglosphere trade has declined substantially – from approximately two-thirds of countries’ total trade in 1913 and in 1947 to just over one-third in 2016. Contemporary trade patterns are shaped more by geography than history. The world economy remains substantially regionalised, especially for manufacturing. Many preferential trade agreements (PTAs) are regional in scope: Anglosphere economies have been prominent participants in these arrangements but their partners are typically neighbouring countries rather than other Anglosphere economies. The EU has been the most active negotiator of PTAs: the challenge for a post-Brexit UK will be to negotiate access to markets equivalent to that currently enjoyed through membership of EU PTAs.

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