India

2019 ◽  
pp. 550-575
Author(s):  
BS Chimni
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
East India Company ◽  
British India ◽  
Colonial Era ◽  
The United Nations

This chapter examines international law in India, offering an overview of India’s engagement with international law in the colonial and postcolonial periods. Whether it is the fact of the East India Company becoming an empire, or British India becoming an original member of both the League of Nations and the United Nations, India’s relationship with international law has been somewhat unusual. The review in this chapter encompasses the following sub-themes: the development of international law in the colonial era, 1600–1947; the place of international law in the Constitution of India 1949; the approach of Indian courts to international law, 1950–2017; and India’s multilevel engagement and contribution to international law, 1947–2017.

The League of Nations between Scientific Knowledge and Political Dependence

2020 ◽  
Vol 29 (2) ◽  
pp. 188-202
Author(s):  
Dimitar Tyulekov ◽  
Ilko Drenkov ◽  
Jani Nikolla
Keyword(s):  
United Nations ◽  
International Law ◽  
Scientific Knowledge ◽  
League Of Nations ◽  
Peace Building ◽  
The Balkans ◽  
Political Outcomes ◽  
Border Dispute ◽  
The United Nations ◽  
Post War

The League of Nations sets strict professional frameworks that are subordinate to scientific knowledge and international law and respect, without any differences between small and big powers. The first chairman, Eric Drummond, who headed up to 1934, established a huge international prestige of the organization and achieved a number of successes in peace building. The League’s policy in the Balkans is revealed mainly through its relations with Albania and Bulgaria, which both joined the League in December 1920. The two countries rely on the international organization for the peaceful resolution of their political, minority and social problems. Under the supervision of the League of Nations, a number of agreements for voluntary and mutual exchange of people between Greece and Bulgaria are being concluded, which aims to soothe the Macedonian problem in Aegean Macedonia. Under her patronage are the agreements between Greece and Albania regulating the protection of Greek minorities and schools, as well as settling the border dispute between the Serb-Croat-Slovene Kingdom and Albania in 1921. The rapid intervention of the United Nations suspended the Greek aggression on Bulgarian territory in the autumn of 1925 and prevented a possible new war. Dimitar Shalev's petitions from Skopje to the United Nations aim to achieve the Yugoslav state's humane treatment towards Bulgarian minorities within its borders, but political dependencies and overlapping contradictions are an obstacle to peaceful and sustainable political outcomes. In the second half of the 1930s, the League lost its initial prestige, and in the course of the emerging new global conflict it fell into political dependence, marking its collapse. Unresolved issues and contradictions, along with the harsh political post-war realities, quickly bury the League’s noble impetus.

Collective Security and Collective Self-Defense Under the Charter of the United Nations

1948 ◽  
Vol 42 (4) ◽  
pp. 783-796 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Individual Member ◽  
Collective Security ◽  
Enforcement Action ◽  
Self Defense ◽  
The United Nations ◽  
The Law ◽  
The Individual

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.

Principles of International Law Concerning Friendly Relations and Co-Operation Among States

1967 ◽  
Vol 61 (3) ◽  
pp. 703-736 ◽  
Author(s):  
Piet-Hein Houben
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Special Committee ◽  
The United Nations

Since the very beginning of its existence the United Nations, like the League of Nations before it, has experienced how difficult it is to define the scope of the most general and fundamental principles of international law in a declaration of legal significance. Today this is still the case, as appears from the efforts undertaken since the establishment four years ago of a United Nations Special Committee, which was given the task of studying in what way and to what extent the primary principles of international law contained in the Charter could yield rules adapted to the changed world situation. Before considering in detail the most recent proceedings of the Special Committee, it seems useful briefly to recall the context within which the Committee started its work.

Recent Developments in United Nations Treaty Registration and Publication Practices

1982 ◽  
Vol 76 (2) ◽  
pp. 350-363 ◽  
Author(s):  
Mala Tabory
Keyword(s):  
United Nations ◽  
International Law ◽  
International Agreements ◽  
League Of Nations ◽  
Recent Developments ◽  
Publication Practices ◽  
The United Nations ◽  
United Nations Charter

The framework for the systematic registration and publication of international agreements on an intergovernmental level was set in Article 18 of the League of Nations Covenant, and later in Article 102 of the United Nations Charter. The purpose of treaty registration and publication is to give effect to the principle and policy of “open covenants”—enunciated as the first of President Wilson’s Fourteen Points—in lieu of secret diplomacy. In addition, these procedures serve to record “contemporary trends in substantive international law” for the benefit of judicial and government practitioners, scholars, and specialists in various fields.

United Nations Constitutional Assistance

2020 ◽  
pp. 3-79
Author(s):  
Vijayashri Sripati
Keyword(s):  
Public Policy ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Constitutional Law ◽  
League Of Nations ◽  
The United Nations

This chapter establishes United Nations Constitutional Assistance (UNCA) as a significant but uncharted international and constitutional law topic. UNCA is defined as a set of activities undertaken to produce/internationalize the Western liberal constitution. The Constitution’s salience is outlined to show that UNCA: sires UN/International Territorial Administration; is salient vis-à-vis the UN’s assistance in all other sectors (e.g., electoral, judicial, rule of law); and underpins UN peacebuilding/UN Statebuilding. This backdrop sets the stage for the book’s mission: to analyze UNCA through the concept of ‘Policy Institution’ and Purposive Analysis (analysis of the UN’s official statements). Which is: to investigate and identify the Constitution’s internationalization by international organizations (e.g., the League of Nations and the United Nations); to analyse how the Constitution and its purposes fit into international law and public policy; to consider how states internationalized the Constitution to achieve colonial trusteeship; and to explain how the legitimacy of UNCA with, and without ITA might be appraised in the light of this analysis.

2 The Historical and Normative Background: ‘Freedom of Transit’ in International Law

2015 ◽  
Author(s):  
Azaria Danae
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Cross Border ◽  
The United Nations ◽  
Historical Transition

Chapter 2 examines the development of ‘freedom of transit’ in international law. It provides the historical and normative landscape for treaties on transit of energy via pipelines and offers a basis for academic comparison in the following chapters. The chapter begins with the analysis of the development of rules concerning transit through waterways (cross-border rivers, international canals, transit at sea), and continues by examining the development of rules concerning transit overland through the prism of the historical transition from the League of Nations to the United Nations and the debate about transit rights of landlocked states. It illustrates that in international law, the development of ‘freedom of transit’ via different routes came about separately, and served diverse purposes, for particular routes and for particular groups of states. However, in each case the balance between the interests of the transit state and those of other states underlies all rules concerning transit.

Fiduciary Principles in International Law

2019 ◽  
pp. 342-363 ◽  
Author(s):  
Evan J. Criddle
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Status ◽  
International Community ◽  
League Of Nations ◽  
Military Occupation ◽  
Fiduciary Duties ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter

This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing U.N. missions, military occupation, the legal status and duties of states, and the role and responsibilities of diplomatic officers. In each of these contexts, the international community has affirmed that certain offices and institutions attract fiduciary duties under international law. Nonetheless, the international community has struggled to develop credible mechanisms for enforcing these fiduciary duties.

The United Nations and Domestic Jurisdiction

1949 ◽  
Vol 3 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Leland M. Goodrich
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
World Community ◽  
The Past ◽  
Basic Law ◽  
The World ◽  
Domestic Jurisdiction ◽  
The United Nations

Referring to “domestic jurisdiction” as used in the League Covenant, Professor J. L. Brierly characterized it as “a new catchword,” capable of proving as great a hindrance to the orderly development of international law as “sovereignty” and “state equality” had been in the past, and about which “little seems to be known except its extreme sanctity.” Since these words were written, the Covenant of the League of Nations has been replaced by the Charter of the United Nations as the basic law of the organization of the world community. The concept of a reserved domestic jurisdiction is still with us. In fact, Article 2, paragraph 7, of the Charter gives it a broader definition and a wider range of application than did Article 15, paragraph 8, of the Covenant. What is the meaning of the domestic jurisdiction principle as set forth in the Charter? What effect has it had in practice on the working and development of the United Nations?

scholarly journals International legal treatment of war

2009 ◽  
Vol 61 (3) ◽  
pp. 223-243
Author(s):  
Slavko Mrkic
Keyword(s):  
World War Ii ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
World War ◽  
Military Interventions ◽  
Economic Relations ◽  
Contemporary World ◽  
The United Nations

In this paper, the author presents and analyses various attempts made by the factors in the international community to define the rules of behavior in waging war as a means of communication among states in resolving their mutual problems. Presenting first the history (several centuries long) of attempts to restrain war waging the author focuses on the endeavors of the League of Nations in the period between the two world wars as well as on the creation of regulations by the United Nations after World War II. The author points out that the United Nations has built a comprehensive system of waging war restraint that, among other things, not only prohibits aggressive war waging, but also any use of armed force or threat of use of force. Some forms of military interventions could be taken only within the UN corresponding procedure. In spite of the fact that the treatment of war is regulated by the law within UN, it is present in the contemporary world as a result of the existing political and economic relations. As the author concludes, war and force keep on being used in practice, sometimes in a very violent way. Thus, they violate the provisions of international law that regulates the rules and treatment of war in international relations. .

scholarly journals The origins of international organizations and the mission of education: intellectual projects of the League of Nations and global goals of the UN and UNESCO in education management

2020 ◽  
Author(s):  
Ю.А. Горячев ◽  
В.Ф. Захаров
Keyword(s):  
United Nations ◽  
International Law ◽  
San Francisco ◽  
International Organizations ◽  
League Of Nations ◽  
International Standards ◽  
Joint Work ◽  
Normative Documents ◽  
Education Management ◽  
The United Nations

Вслед за подготовкой и публикацией статьи «На пути к международным стандартам образования: от педагогики мыслителей ранних эпох к современным подходам (часть первая)» специалистами факультета регионоведения и этнокультурного образования МПГУ подготовлена вторая часть, повествующая о становлении международных организаций и миссии образования: интеллектуальных проектах Лиги Наций и глобальных целях ООН и ЮНЕСКО в управлении образованием. Авторы рассказывают о зарождении международных организаций в эпоху античного греческого мира и Древнего Востока, о возникновении римского права, католического канонического права, норм Корана и их влияния на формирование международного права. В статье уделяется внимание первым попыткам гуманизации законов и обычаев войны, признания государственного суверенитета как основы принципов международного права. Представлена картина формирования сети международных межправительственных организаций, основанных на договорах и обладающих согласованной компетенцией и постоянными органами функционирования. Дается описание предпосылок возникновения, процедур разработки нормативных документов и создания таких организаций, как Лига Наций, Организация Объединенных Наций, Организация Объединенных Наций по вопросам образования, науки и культуры. Изложены этапы совместной работы государств — инициаторов создания ООН в годы Второй мировой войны (в том числе в ходе конференций в Москве, Тегеране, Ялте, Думбартон-Оксе), успешно завершившиеся принятием Устава ООН государствами — участниками Генеральной конференции в Сан-Франциско. Предусмотрена также публикация третьей части по вопросам международного сотрудничества в сфере образования, в которой будут представлены нормативно-правовые документы глобального и регионального уровня по вопросам образовательного сотрудничества. After the article «Towards international standards of education: from pedagogy of early thinkers to modern approaches (part one)» had been published the specialists of the Faculty of regional studies and ethnocultural education of ISHE prepared the second part. It tells us about the formation of international organizations and the mission of education — intellectual projects of the League of Nations and global goals of the UN and UNESCO in education management. The authors spotlight the origin of international organizations in the era of the ancient Greek world and the Ancient East, the accrual of Roman law, Catholic Canon law, the norms of the Koran and their influence on the formation of international law. The article focuses on the first attempts to humanize the laws and customs of war and recognize state sovereignty as the basis of the principles of international law. A picture of the formation of a network of international intergovernmental organizations based on treaties and having agreed competence and permanent functioning bodies is presented. The prerequisites for the emergence, procedures for developing normative documents and establishing such organizations as the League of Nations, the United Nations and the United Nations Educational, Scientific and Cultural Organization are described. Stages of joint work of the states — initiators of UN creation during the Second World War (including conferences in Moscow, Tehran, Yalta, and Dumbarton-Oxe) successfully finished with adoption of the UN Charter by the States parties of the General Conference in San Francisco, are described. The third part on international cooperation in education, which will present regulatory documents of global and regional level on educational cooperation, is to be published in 2021.

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