Myanmar

2019 ◽  
pp. 524-548
Author(s):  
Catherine Renshaw
Keyword(s):  
International Law ◽  
The United States ◽  
Peremptory Norm ◽  
History Of ◽  
History Of International Law ◽  
Forced Labour ◽  
Extreme Responses ◽  
The Military ◽  
State Resistance

This chapter discusses international law in Myanmar. The efforts of the International Labour Organization (ILO) Commission of Inquiry to eradicate the use of forced labour in Myanmar, and the nature of the military regime’s response to these efforts, represent a remarkable chapter in the history of international law. Of note, first, is the determination of the ILO to test the limits of its power to enforce compliance with the resolutions of its governing body. Second, Myanmar’s engagement with the ILO clarified the vexed issue of what constitutes a peremptory norm of international law. Third, civil litigation in the United States around the issue of forced labour by transnational corporations in Myanmar uncovered the scope and potential for domestic courts to apply international law. Finally, Myanmar’s variable and often extreme responses to the Commission’s findings demonstrate the dynamics of state resistance to and engagement with international law.

In the Cause of Humanity

2021 ◽  
Author(s):  
Fabian Klose
Keyword(s):  
International Law ◽  
Humanitarian Intervention ◽  
Humanitarian Aid ◽  
The United States ◽  
Theory And Practice ◽  
Military Interventions ◽  
War Of Independence ◽  
Humanitarian Crises ◽  
History Of ◽  
The Military

In the Cause of Humanity is a major new history of the emergence of the theory and practice of humanitarian intervention during the nineteenth century when the question of whether, when and how the international community should react to violations of humanitarian norms and humanitarian crises first emerged as a key topic of controversy and debate. Fabian Klose investigates the emergence of legal debates on the protection of humanitarian norms by violent means, revealing how military intervention under the banner of humanitarianism became closely intertwined with imperial and colonial projects. Through case studies including the international fight against the slave trade, the military interventions under the banner of humanitarian aid for Christian minorities in the Ottoman Empire, and the intervention of the United States in the Cuban War of Independence, he shows how the idea of humanitarian intervention established itself as a recognized instrument in international politics and international law.

Inserting Visions of Justice into a Contemporary History of International Law

2014 ◽  
Vol 4 (1) ◽  
pp. 41-53
Author(s):  
Shirley V. SCOTT
Keyword(s):  
International Law ◽  
The United States ◽  
Great Powers ◽  
Historical Narrative ◽  
Contemporary History ◽  
Interstate Relations ◽  
The Us ◽  
History Of ◽  
History Of International Law ◽  
Relations Of Power

AbstractThe history of international law is often told in terms of the rise and fall of great powers or as a mechanism of colonial subjugation. To the extent that these accounts consider justice, it is usually to demonstrate its absence. This paper points out that justice has been integral to the evolution of international law in the era of the United States. Individuals and members of civil society in the US and Europe have influenced systemic developments in international law through their efforts to realize a vision of justice in interstate relations, their vision being of a body of international law and a world court which together obviate the need for war. To suggest the possibility of an historical narrative constructed around justice is not to deny the validity of other histories focused on inequitable relations of power, but to point to the scope for nuance in the frameworks within which we portray international law and its history.

Striking First: A History of Thankfully Lost Opportunities

2003 ◽  
Vol 17 (1) ◽  
pp. 17-24 ◽  
Author(s):  
Richard K. Betts
Keyword(s):  
United States ◽  
Saudi Arabia ◽  
International Law ◽  
The United States ◽  
Military Force ◽  
History Of ◽  
Military Campaigns ◽  
The Military

It is unlikely that George W. Bush feels constrained by international law when deciding whether to use military force abroad. Nevertheless, many of the United States' allies are reluctant to cooperate with and participate in military actions that cannot reasonably be justified under international law. And supportive allies, while perhaps not strictly necessary to the United States in its recent and foreseeable military campaigns, do make the military option easier to pursue. A war against Iraq would be difficult without access to bases and airspace in countries as diverse as Turkey, Saudi Arabia, Germany, and Canada. For this reason, at least, it would seem to be worth the president's while to adhere to international law where possible and, where this is not possible, to seek to change the rules.

The Horizon of Becoming: Culture, Gender and History after September 11

2002 ◽  
Vol 71 (2) ◽  
pp. 215-253
Author(s):  
Keyword(s):  
International Law ◽  
Historical Context ◽  
September 11 ◽  
Shared Vision ◽  
Post Colonial ◽  
Critical Approaches ◽  
History Of ◽  
History Of International Law ◽  
The Military ◽  
Analytical Tools

AbstractFeminist analyses of international law can be seen as part of the wider effort to broaden international law beyond its current foundations and assumptions. International lawyers can usefully work with feminist, post-colonial, indigenous, critical and postmodern perspectives in contextualizing the universalist claims of international law in order to make it both more inclusive and more sophisticated. International law might be positively transformed if it were to take the critical approaches of feminist and other scholars seriously. This article is an attempt to problematize the concepts of time and history as they relate to an understanding of international law from the perspective of the feminist, the post-colonial and the indigenous. How we analyze international law in an historical context strongly determines how relevant international law is to women and other marginalized voices. Attempting to understand the history of international law is essential to understanding how it works (or does not work) and how it is changing. But our understandings of history are themselves deeply flawed as analytical tools. The voices of the silenced are usually described as not being heard because of imbalances in economic and political power. On a deeper level they also may not be heard because the very nature of historical and legal discourse in the international arena makes their voices unintelligible within the `malestream' of time and history. We expect history to give us a sense of the truth of our shared past. But because historical records are dominated by the representation of the most powerful, the `truth' of those who are excluded from power may not seem genuine. More commonly, it is ignored. What we think of as a reality that we have shared may not in fact have been shared in the same way by `others' – even when `we' ourselves are part of that `other'. International law as we now know it was created as an offshoot of the development of the modern nation-state based on secular ideals of rationality and order. Women's history often tries to recapture the detail of all those `people without history' who have worked, fought, mothered and struggled `behind the scenes' of the Great Events depicted in wars and political battles that are so central to our usual shared vision. International law prioritizes precisely this dominant vision – the use of force, sovereignty, the state, the political, the military, the economic and the diplomatic. What does September 11 mean for women, for the poor, for indigenous peoples? This article does not discount the importance of recent world events – only that we might see them through different eyes from which we might gain new insights.

The International Law of the Future

1944 ◽  
Vol 38 (2) ◽  
pp. 354-369
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
The United States ◽  
Law School ◽  
Atlantic City ◽  
The Future ◽  
International Legal Order ◽  
Small Committee ◽  
History Of ◽  
History Of International Law ◽  
The Individual

On February 28, 1942, a conference at Atlantic City was arranged by the Carnegie Endowment for International Peace to inaugurate discussions on the international law of the future. Since that time, a series of group conferences and smaller meetings have been held in various centers of the United States and Canada, at which nearly 200 men, chiefly Americans and Canadians, participated—judges, lawyers, professors, governmental officers, and men of special international experience. To assure continuity, a few persons—outstanding among them Judge Manley O. Hudson of the Harvard Law School and Professor P. E. Corbett of McGill University—were present at all the meetings, and a small committee prepared the different drafts.The aim of these informal conferences, held over a period of nearly two years, was to arrive at a community of views; and this was achieved when a Statement, growing out of successive drafts, was subscribed to by some 150 of the persons who had participated in the discussions. This document, hitherto strictly confidential, has now been released for publication. Its contents are not to be taken, either in whole or in part, to represent the individual views of any particular person who participated in the discussions.The Statement consists of six Postulates, ten Principles, and twenty-three Proposals, each explained by comment in the light of the history of international law over a period of a hundred years. The Postulates set forth the essential premises, the basic conceptions, of an effective international legal order. The Principles—so to speak, the heart of the Statement —are offered as a draft of a declaration which might be officially promulgated by the statesmen who will build the future peace. The Proposals are indications, suggestions for implementing the Principles, but are not presented as draft provisions for inclusion in an international instrument.It is the object of the present article to summarize and comment upon the Statement's principal features.

State-by-State Use of AMA Guides

2019 ◽  
Vol 24 (5) ◽  
pp. 3-7, 16
Keyword(s):  
Expert Testimony ◽  
Narrow Range ◽  
The United States ◽  
Workers Compensation ◽  
Federal Employees ◽  
Permanent Disability ◽  
Sixth Edition ◽  
History Of ◽  
Canadian Provinces

Abstract This article presents a history of the origins and development of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), from the publication of an article titled “A Guide to the Evaluation of Permanent Impairment of the Extremities and Back” (1958) until a compendium of thirteen guides was published in book form in 1971. The most recent, sixth edition, appeared in 2008. Over time, the AMA Guides has been widely used by US states for workers’ compensation and also by the Federal Employees Compensation Act, the Longshore and Harbor Workers’ Compensation Act, as well as by Canadian provinces and other jurisdictions around the world. In the United States, almost twenty states have developed some form of their own impairment rating system, but some have a narrow range and scope and advise evaluators to consult the AMA Guides for a final determination of permanent disability. An evaluator's impairment evaluation report should clearly document the rater's review of prior medical and treatment records, clinical evaluation, analysis of the findings, and a discussion of how the final impairment rating was calculated. The resulting report is the rating physician's expert testimony to help adjudicate the claim. A table shows the edition of the AMA Guides used in each state and the enabling statute/code, with comments.

Functioning of Ukrainian Bureau in Washington D. C. (March 1939 – May 1940)

2019 ◽  
pp. 142-157
Author(s):  
Danylo Kravets
Keyword(s):  
New York ◽  
The United States ◽  
College Degrees ◽  
The Us ◽  
Us Government ◽  
General Functioning ◽  
History Of ◽  
Governmental Institutions ◽  
History Of Journalism ◽  
The Military

The aim of the Ukrainian Bureau in Washington was propaganda of Ukrainian question among US government and American publicity in general. Functioning of the Bureau is not represented non in Ukrainian neither in foreign historiographies, so that’s why the main goal of presented paper is to investigate its activity. The research is based on personal papers of Ukrainian diaspora representatives (O. Granovskyi, E. Skotzko, E. Onatskyi) and articles from American and Ukrainian newspapers. The second mass immigration of Ukrainians to the US (1914‒1930s) has often been called the «military» immigration and what it lacked in numbers, it made up in quality. Most immigrants were educated, some with college degrees. The founder of the Ukrainian Bureau Eugene Skotzko was born near Western Ukrainian town of Zoloczhiv and immigrated to the United States in late 1920s after graduating from Lviv Polytechnic University. In New York he began to collaborate with OUN member O. Senyk-Hrabivskyi who gave E. Skotzko task to create informational bureau for propaganda of Ukrainian case. On March 23 1939 the Bureau was founded in Washington D. C. E. Skotzko was an editor of its Informational Bulletins. The Bureau biggest problem was lack of financial support. It was the main reason why it stopped functioning in May 1940. During 14 months of functioning Ukrainian Bureau in Washington posted dozens of informational bulletins and send it to hundreds of addressees; E. Skotzko, as a director, personally wrote to American governmental institutions and foreign diplomats informing about Ukrainian problem in Europe. Ukrainian Bureau activity is an inspiring example for those who care for informational policy of modern Ukraine.Keywords: Ukrainian small encyclopedia, Yevhen Onatsky, journalism, worldview, Ukrainian state. Keywords: Ukrainian Bureau in Washington, Eugene Skotzko, public opinion, history of journalism, diaspora.

The Renaissance of Roman Colonization

2020 ◽  
Keyword(s):  
International Law ◽  
Roman History ◽  
Italian Renaissance ◽  
Ancient Rome ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
Property Distribution ◽  
Carlo Sigonio ◽  
History Of ◽  
History Of International Law

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. Once antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3–84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyses the context, making, and impact of Sigonio’s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from visions of imperial reform and colonial independence in the nascent United States of America, to Enlightenment accounts of property distribution, culminating in a specific juridical strand in twentieth-century Roman historiography. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance until today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

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