History of International Law, 1815 to World War I

2011 ◽  
Author(s):  
Scupin Hans-Ulrich
Keyword(s):  
World War I ◽  
International Law ◽  
World War ◽  
History Of ◽  
History Of International Law

scholarly journals Rights and obligations of prisoners of war in the World War I and their observance in Lebedyn District of Kharkiv Province

2020 ◽  
pp. 7-14
Author(s):  
N.V. Lobko
Keyword(s):  
World War I ◽  
International Law ◽  
Legal Status ◽  
Prisoners Of War ◽  
World War ◽  
Stage Of Development ◽  
The World ◽  
History Of ◽  
State Archives ◽  
The Russian Empire

History of World War I that due to its global consequences started a new stage of development of European civilization still draws attention of many researchers. One of the most interesting topics for researchers is the topic of war imprisonment during the World War I. Stay of prisoners of war in the territory of Ukraine is a scantily studied issue. The objects of this study are prisoners of war who were in Lebedyn district of Kharkiv province during the World War I (1914–1918). The subject of the research is the legal status of prisoners of war, the protection of their rights and the observance of their duties. The author analyzed norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using materials of Lebedyn District of Kharkiv Province, being deposited in the archives of Sumy Region, the author examines the legal status of prisoners of war, the protection of their rights and the observance of their duties. The position of prisoners of war during the World War I on Ukrainian lands as part of the Russian Empire was determined by the norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using the archival sources kept in funds of the State Archives of Sumy Region, it was found that the rights of prisoners of war were generally ensured on the territory of the Lebedyn District of Kharkiv Province. However, there were not a few cases when Austrian and German prisoners suffered from hunger, domestic inconvenience and abuse by employers. There were also repeated violations of their duties by prisoners of war. The most common violations were refusal to work, leaving the workplace.

Coercion, Internalization, Decolonization

2019 ◽  
pp. 66-89
Author(s):  
Felix Lange
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Second World War ◽  
Contextual Approach ◽  
World War ◽  
The Past ◽  
History Of ◽  
History Of International Law ◽  
Historical Writings ◽  
Second World

The chapter discusses competing narratives of ‘rise’ and ‘decline’ of international law in the historical writings of international lawyers and historians. The author proposes a contextual approach to the history of international law which takes the terminology of the actors of the past seriously, but also leaves room for an assessment of functional equivalents. The author applies his contextual approach to the story of international law’s universalization. He claims that from the seventeenth century, European international law universalized via processes of forceful coercion by Western powers, internalization through non-Western states, and decolonization after the Second World War.

The Balance of Power in International Law: A History of an Idea

1979 ◽  
Vol 73 (4) ◽  
pp. 555-580 ◽  
Author(s):  
Alfred Vagts ◽  
Detlev F. Vagts
Keyword(s):  
World War I ◽  
International Law ◽  
Balance Of Power ◽  
Legal Order ◽  
World War ◽  
International Policy ◽  
The Past ◽  
Law Of Nations ◽  
International Legal Order ◽  
History Of

The existence of a significant relationship between the concept of the balance of power and international law would be regarded as improbable by most modern international lawyers. They would think of the balance as a wholly obsolete conception and, in any case, as a part of international policy, or worse, part of cynical Realpolitik rather than of law. Earlier generations of jurists, however, did see international equilibrium either as an integral part of the system of rules of the law of nations or at least as a necessary precondition to the existence of such a law. Such a view of the interrelationship was never unanimous; indeed, there were in the past many legal observers who saw the balance of power as an obstacle to the development of an international legal order based on something more moral than force alone. This article is devoted to a study of the relationships between those two concepts as seen by the publicists who created the corpus of international law, principally during the period from the Peace of Westphalia in 1648 to the outbreak of World War I in 1914. It is not a study of the balance of power at large—a topic to which volumes might be dedicated—but only of that idea’s relationship with law.

2. The Historical Evolution of the International Community

2020 ◽  
pp. 20-44
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Cold War ◽  
International Law ◽  
Historical Context ◽  
Historical Evolution ◽  
World War ◽  
History Of ◽  
Independent States ◽  
History Of International Law ◽  
The 1960S ◽  
The Cold War

This chapter traces the historical evolution of the international legal system, which is organized for analytical purposes in four major stages: from its gradual emergence (sixteenth–early seventeenth century) to the First World War; from the establishment of the League of Nations to the end of the Second World War (1919–1945); from the establishment of the United Nations to the end of the Cold War (1945–1989); and the last three decades since the end of the Cold War (1990–2020). The chapter emphasizes the European roots of international law but also the pressure it has faced since the 1960s to reflect the interests of developing and newly independent States. It also provides some basic historical elements and references to the growing literature on the history of international law, which are useful to understand the historical context of the material examined in subsequent chapters.

4 Publication and Registration of Treaties in Russia

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
World War I ◽  
International Law ◽  
Significant Contribution ◽  
World War ◽  
Russian Government ◽  
Russian State ◽  
History Of ◽  
State Archives

This chapter focuses on the publication of treaties-a major concern in Russia during the Soviet and post-Soviet eras. This was to prevent the Russian government from engaging in secret diplomacy, as it had been caught doing during World War I. From then on, secret diplomacy was abolished and the secret treaties whose texts were found in Imperial Russian State archives were published, to the discomfiture and embarrassment of the parties on both sides in the War. Soviet international lawyers considered the introduction of the registration and publication of treaties to be a significant contribution of their country to international law. However, the early Soviet legislation on the conclusion, ratification, and denunciation of treaties contained no provisions regarding their publication until 1924. Aside from the history of treaty publication, the chapter also outlines some treaty-relevant legislation.

Sources in the Meta-History of International Law

2018 ◽  
Author(s):  
Mark Weston Janis
Keyword(s):  
World War I ◽  
International Law ◽  
Scientific Revolution ◽  
Case Law ◽  
New Paradigm ◽  
International Court Of Justice ◽  
International Court ◽  
The Icj ◽  
History Of ◽  
History Of International Law

This chapter introduces a ‘meta-theory’ of international law. It employs the insights of Thomas Kuhn, who argued that once a paradigm has been accepted by a scientific community, most scientists accept it without much question. When the paradigm is overwhelmed, a ‘scientific revolution’—a new paradigm—emerges. The paradigm for the sources of international law is Article 38 of the International Court of Justice (ICJ) Statute, which emerged during and after World War I when international lawyers, faced with the horrors of that awful conflict, lost faith in their old discipline, thereby initiating Kuhn’s scientific revolution. Nowadays, Article 38 remains an attractive paradigm: first because the ICJ and its Statute are almost universally accepted; secondly, because it is neatly formulated; thirdly, because the paradigm has been confirmed in case law and commentary; and fourthly, because it is widely taught.

History of International Law and Western Civilization

2007 ◽  
Vol 9 (4) ◽  
pp. 353-373 ◽  
Author(s):  
Gustavo Gozzi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Ottoman Empire ◽  
19Th Century ◽  
Political Systems ◽  
World War ◽  
History Of ◽  
China And Japan ◽  
History Of International Law ◽  
The 19Th Century

AbstractThis paper discusses the origins 19th-century international law through the works of such scholars as Bluntschli, Lorimer, and Westlake, and then traces out its development into the 20th century. Nineteenth-century international law was forged entirely in Europe: it was the expression of a European consciousness and culture, and was geographically located within the community of European peoples, which meant a community of Christian, and hence "civilized," peoples. It was only toward the end of the 19th century that an international law emerged as the expression of a "global society," when the Ottoman Empire, China, and Japan found themselves forced to enter the regional international society revolving around Europe. Still, these nations stood on an unequal footing, forming a system based on colonial relations of domination. This changed in the post–World War II period, when a larger community of nations developed that was not based on European dominance. This led to the extended world society we have today, made up of political systems profoundly different from one another because based on culture-specific concepts. So in order for a system to qualify as universal, it must now draw not only on Western but also on non-Western forms, legacies, and concepts.

Retroactive Law and Proactive Justice: Debating Crimes against Humanity in Germany, 1945–1950

2010 ◽  
Vol 43 (3) ◽  
pp. 428-463 ◽  
Author(s):  
Devin O. Pendas
Keyword(s):  
World War Ii ◽  
International Law ◽  
Rule Of Law ◽  
Turning Point ◽  
Crimes Against Humanity ◽  
World War ◽  
The Rule Of Law ◽  
Domestic Courts ◽  
History Of ◽  
History Of International Law

The Nuremberg Trial may well be the most famous trial of the twentieth century, which is as it should be. After all, the Nuremberg Trial, while perhaps not as unprecedented as is frequently assumed, did mark a decisive turning point in the history of international law. It marked the first broadly successful attempt to impose the rule of law not just on the conduct of war but also, in a limited way, on domestic atrocities as well. The fame of this single trial has had the unfortunate side-effect of overshadowing the literally thousands of other Nazi trials that took place after World War II, however. These additional trials can be divided into three categories: those that took place in the domestic courts of victim nations, those that took place in occupation courts, and, perhaps least well-known, those that took place inGermancourts.

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