The Beginnings of State Jurisdiction in International Law until 1648

Author(s):  
Kaius Tuori

This chapter examines the evolution of sovereignty, universal jurisdiction, and state authority prior to the existence of the Westphalian international legal order, studying three cases from the Roman and medieval practice. The first case is a reply by Roman emperor Antoninus Pius on the limits of his jurisdiction with regards to the high seas. The second case revolves around the Constitutio Antoniniana, a disputed legal rule that gave citizenship to all inhabitants of the Roman Empire, for the first time invoking the territoriality principle. The third case relates to the principle of universal jurisdiction and the pope’s universal authority and its implications for the development of international jurisdiction. These cases highlight that the traditional image given in the literature of the history of the world being divided into a premodern world based on the personality principle and the ‘post-Westphalian’ world dominated by nation states and the territorial principle is misleading.

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Syeda Sahra ◽  
Abdullah Jahangir ◽  
Neville Mobarakai ◽  
Allison Glaser ◽  
Ahmad Jahangir ◽  
...  

Abstract Introduction Cronobacter sakazakii is an opportunistic Gram-negative, rod-shaped bacterium which may be a causative agent of meningitis in premature infants and enterocolitis and bacteremia in neonates and adults. While there have been multiple cases of C. sakazakii infections, there have been no acute cholangitis cases reported in humans. Case presentation An 81-year-old male with a past medical history of basal cell carcinoma, alcoholic liver cirrhosis, transjugular intrahepatic portosystemic shunt procedure, complicated by staphylococcus bacteremia, pituitary tumor, glaucoma, and hypothyroidism presented to the emergency room with the complaint of diffuse and generalized 10/10 abdominal pain of 1 day’s duration. There was a concern for pancreatitis, acute cholangitis, and possible cholecystitis, and the patient underwent a percutaneous cholecystostomy tube placement. Blood cultures from admission and biliary fluid cultures both grew C. sakazakii. The patient was treated with a carbapenem and clinically improved. Conclusions The case study described a patient with multiple medical comorbidities that presented with C. sakazakii bacteremia and cholangitis. While this bacterium has been implicated in other infections, we believe this is the first time the bacteria is being documented to have caused acute cholangitis.


2021 ◽  
pp. 111-128
Author(s):  
Filipe dos Reis

This chapter reconstructs how contingency is situated in international legal histories. In particular, it focuses on how contingency relates to narratives of international law’s origin and progress. It explores, first, how traditional and recent international legal histories locate the origin of international law. Different authors—advancing different projects—situate international law within a range of different origins. In the end, the origin of international law is contingent. Moreover, it is possible for some authors, particularly those problematising international law’s Eurocentric origin, to conceptualise the link of contingency and origin not only as the contingency of origin but also in the form of a contingency as origin of international law, as international law originates from the confrontations, translations, encounters, and struggles of various actors. The chapter analyses, second, arguments about progress in international legal histories and argues that these arguments are tied to different conceptualisations of the observer, i.e. the international legal historian. Here, more traditional international legal histories often rely on an understanding of a non-contingent observer, who seeks to create an international legal order that is able to tame the contingencies of the international sphere. However, such narratives of international law’s linear progress have come under scrutiny recently as several interventions started to direct our attention to the multiple perspectives and multilinear trajectories in the making of the current international legal order or invite us to conceptualise the history of international law as a sequence of contingent disruptive events. The chapter concludes with a brief discussion of what it could mean to open international legal histories for different conceptualisations of origin and to give up the idea of a non-contingent observer inscribed in progressive narratives.


Veiled Power ◽  
2020 ◽  
pp. 220-228
Author(s):  
Doreen Lustig

The conclusion challenges the prevailing narrative on the 1990s as the watershed period during which a new sensibility emerged towards the responsibility of private business corporations as subjects of international legal responsibility. While the prevailing account focuses on the private business corporation as a subject of responsibility, it ignores alternative conceptual frameworks that were central to debates over business regulation in international law such as businesses as participants, monopolies, or multinational corporations (MNCs). Furthermore, this narrative is frequently informed by an implicit historical account on international law’s limited influence (or none at all) on the regulation of private business corporations until the 1990s. Conversely, the conclusion draws on the findings of this book to problematize this narrative of marginality and demonstrates how the supposed marginality of the business enterprise in international law, ingrained as it is in the commonly accepted narrative, is a conceptual bias that facilitated (rather than prevented) the emergence and reach of the private business corporation and legitimized the elements in the international legal order that enabled it to thrive.


2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Fernando Gázquez ◽  
Thomas K. Bauska ◽  
Laia Comas-Bru ◽  
Bassam Ghaleb ◽  
José-María Calaforra ◽  
...  

Abstract Carbonate cave deposits (speleothems) have been used widely for paleoclimate reconstructions; however, few studies have examined the utility of other speleothem-forming minerals for this purpose. Here we demonstrate for the first time that stable isotopes (δ17O, δ18O and δD) of structurally-bound gypsum (CaSO4·2H2O) hydration water (GHW) can be used to infer paleoclimate. Specifically, we used a 63 cm-long gypsum stalactite from Sima Blanca Cave to reconstruct the climate history of SE Spain from ~ 800 BCE to ~ 800 CE. The gypsum stalactite indicates wet conditions in the cave and humid climate from ~ 200 BCE to 100 CE, at the time of the Roman Empire apogee in Hispania. From ~ 100 CE to ~ 600 CE, evaporation in the cave increased in response to regional aridification that peaked at ~ 500–600 CE, roughly coinciding with the transition between the Iberian Roman Humid Period and the Migration Period. Our record agrees with most Mediterranean and Iberian paleoclimate archives, demonstrating that stable isotopes of GHW in subaerial gypsum speleothems are a useful tool for paleoclimate reconstructions.


1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.


Mnemosyne ◽  
2019 ◽  
Vol 72 (3) ◽  
pp. 437-458 ◽  
Author(s):  
Graziano Ranocchia

AbstractPhilodemus’ Systematic Arrangement of the Philosophers is witnessed only once in Greek literature (D.L. 10.3). This notwithstanding, several Herculaneum papyri have been assigned to it on various grounds. However, these assignments rest on varying degrees of probability, not least because the name of the author and the title of the work do not survive in any of these books. PHerc. 327, which hands down the so-called [History of the Eleatic and the Atomistic Schools], represents the first such case. I was able to detect its end-title for the first time and to read the name of its author, who is confirmed to be Philodemus. This increases the probability that also other three books which have historically been assigned to this treatise, and whose hands show a close likeness to each other and to PHerc. 327, effectively belong to it, thereby reinforcing the current communis opinio about its internal arrangement.


1939 ◽  
Vol 28 (2) ◽  
pp. 129-140 ◽  
Author(s):  
C. H. V. Sutherland

Mr. M. P. Charlesworth's Raleigh Lecture, ‘The Virtues of a Roman Emperor: Propaganda and the Creation of Belief,’ serves admirably to illuminate a new aspect of the history of the Roman Empire, in which the debt of pure history to numismatics (and notably to the work of Mr. Mattingly in the British Museum Catalogues) will be plain. From the numismatic point of view there is, indeed, one curious omission in Mr. Charlesworth's argument; and attempts to make good the omission have opened up a series of speculations which are here discussed.


1987 ◽  
Vol 32 (1) ◽  
pp. 8-10 ◽  
Author(s):  
D.C. Kilpatrick ◽  
E.C. Jazwinska ◽  
W.A. Liston ◽  
G.E. Smart

Two case histories are described with conflicting implications for the etiopathogenesis of pre-eclampsia. In both, typical proteinuric pre-eclampsia developed despite a history of previous normotensive pregnancy. In the first case, the disease was associated with a change of husband, consistent with the view that pre-eclampsia arises from an inadequate maternal immune response to paternal antigens inherited by the fetus. The second case, however, concerned a woman who developed pre-eclampsia for the first time in her third pregnancy by the same reproductive partner. We conclude that either more than one underlying cause can result in the clinical syndrome of pre-eclampsia, or that pre-eclampsia is caused by an environmental factor. The possibility that pre-eclampsia may be initiated by an infectious agent is briefly explored in the light of the clinical histories described and well-established epidemiological, clinical and laboratory data.


Author(s):  
Brian Cuddy

International law is the set of rules, formally agreed by treaty or understood as customary, by which nation-states interact with each other in a form of international society. Across the history of U.S. foreign relations, international law has provided both an animating vision, or ideology, for various American projects of world order, and a practical tool for the advancement of U.S. power and interests. As the American role in the world changed since the late 18th century, so too did the role of international law in U.S. foreign policy. Initially, international law was a source of authority to which the weak American government could appeal on questions of independence, sovereignty, and neutrality. As U.S. power grew in the 19th and early 20th centuries, international law became variously a liberal project for the advancement of peace, a civilizational discourse for justifying violence and dispossession, and a bureaucratic and commercial tool for the expansion of empire. With the advent of formal inter-governmental organizations in the 20th century, the traditional American focus on neutrality faded, to be replaced by an emphasis on collective security. But as the process of decolonization diluted the strength of the United States and its allies in the parliamentary chambers of the world’s international organizations, Washington increasingly advanced its own interpretations of international law, and opted out of a number of international legal regimes. At the same time, Americans increasingly came to perceive of international law as a vehicle to advance the human rights of individuals over the sovereign rights of states.


2020 ◽  
Vol 26 (1) ◽  
pp. 143-150
Author(s):  
Mădălina Strechie

AbstractThe history of humanity got from the Persians the first imperial organization, the first process of integration of the conquered ones, the first postal service, the most effective means of communication at the dawn of Antiquity, and also the best organized militarized services.The most special of the Indo-European Antiquity troops was the Royal Guard, founded by Darius I, one of the great kings of humanity, a political titan, and equally an extraordinary general through his institutional creations of force. The Royal Guard of Darius I, known in history as the 10,000 immortals, is the subject of our study, as it is one of the most complex special militarized structures in human history of all time, inspiring the military structures of all the Indo-Europeans, whether the Hoplite revolution, the organization of the Macedonian phalanx or the Roman Praetorian Guard and more than that.The 10,000 immortals combined not only the heroic character (while multiplying it), which appeared for the first time with the Greeks of the Homeric period, but also strict discipline, in the Spartan sense, contemporary with this troop, the organization and the well-developed logistics, which would inspire the Roman army, the military brotherhoods characteristic of all the Indo-Europeans, but this totally special troop, in particular, imposed the model of the educated (even intellectual) military man, a soldier of the supreme god of the Good, faithful first of all to the Good and to his king, a military man who used all the weapons of the time.This special troop was a true institution that also provided information to the Persian king, information being one of the most effective weapons. Moreover, the Persians through this Royal Guard used for the first time psychological impact as a weapon, this being the first case of effective manipulation by the number that was kept constant, but also by name. Only the gods were immortal, and the very large number of soldiers who made up this special troop is impressive even today. The armament of this extraordinary troop comprised all the weapons of the time, the bow above all, which the Aryans considered the favourite weapon of Indra, the most warlike god of the Indo-European gods.


Sign in / Sign up

Export Citation Format

Share Document