The Last Waltz of the Law of Nations

2019 ◽  
Author(s):  
Joseph-Mathias Gérard de Rayneval
Keyword(s):  
United Nations ◽  
International Law ◽  
Reference Point ◽  
English Language ◽  
European Law ◽  
Spanish Speaking ◽  
Treaty Of Versailles ◽  
Law Of Nations ◽  
The Law ◽  
Multilateral Diplomacy

This book is a translation of Rayneval’s 1803 classic Insitutions du droit de la nature and des gens. Having been translated into Spanish shortly after its appearance, les Institutions was the reference point for international law for much of the French- and Spanish-speaking world during the nineteenth century. As a result, arguably, les Institutions is the single most important text of international law to appear between the 1814 Congress of Vienna and the 1919 Treaty of Versailles. This book, the first ever English translation of Rayneval’s The Institutions of Natural Law and the Law of Nations, provides the English-language world with the last text conceived of, and written, during the era of bilateral European Law of Nations before the waltz into the Concert of Europe and the growth of multilateral diplomacy, with its end point in today’s United Nations.

Constitutional limitations on the Treatymaking Power

1941 ◽  
Vol 35 (3) ◽  
pp. 462-481 ◽  
Author(s):  
J. Mervyn Jones
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
The State ◽  
Modern Theory ◽  
International Agreement ◽  
Treaty Of Versailles ◽  
Head Of State ◽  
Law Of Nations ◽  
The Law

It is impossible to deny that the early rule of international law was that the head of state, either directly or through his agents, was alone competent to make treaties, which were binding upon his successors. This was natural at a time when no type of international agreement was known other than the treaty in solemn form to which monarchs were parties. Today, new types of agreement have come into being, to which the parties are not heads of states but either the state itself (as in the Treaty of Versailles, 1919) or governments or departments of state. In all these cases, and even in cases where the parties are formally the heads of states, the unit now considered to be bound is the state, through its organs. This substitution of states for monarchs as the subjects of the law of nations, at any rate in the matter of treaties, has been brought about very largely by the French and American Revolutions of the eighteenth century, and by the development of the notion of the state as an international person. The question of the competence to make treaties binding on states, who may by their laws have limited that competence, has therefore become one of great interest in modern theory.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

The Use of Vattel in the American Law of Nations

2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
International Peace ◽  
Founding Fathers ◽  
Law Of Nations ◽  
American Law ◽  
History Of ◽  
The Law ◽  
History Of International Law

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

The law of the sea and the deep seabed

1978 ◽  
Vol 290 (1366) ◽  
pp. 21-31
Keyword(s):  
United Nations ◽  
International Law ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
International Agreement ◽  
Exploration And Exploitation ◽  
The Third ◽  
Sea Bed ◽  
The Law ◽  
Work Done

It is the object of the third United Nations Conference on the Law of the Sea to obtain broad international agreement on the limits to the territorial sea, on that area beyond these limits within which the coastal state may exercise rights over living and non-living resources and on the nature and manner of exercise of those rights. The Conference is also required to establish an international regime to deal with the exploration and exploitation of the deep seabed beyond the limits of coastal states’ rights. The work done by the Conference in five sessions since 1973 will have its effect on international law and practice but, partly owing to differences between the view-points of less industrialized and the more industrialized states (not confined to marine matters), the global solution essential for the orderly regulation of movement of shipping, scientific research and development of fisheries and sea-bed mineral resources may yet elude the Conference, to the detriment of the participating states and of the international community as a whole.

Book III Privileges and Immunities, 13 Privileges and Immunities of Diplomatic Missions

2016 ◽  
Author(s):  
Foakes Joanne ◽  
Denza Eileen
Keyword(s):  
International Law ◽  
Public International Law ◽  
Freedom Of Movement ◽  
Law Of Nations ◽  
The Law ◽  
Special Protection

This chapter provides an overview of diplomatic privileges and immunities. Two fundamental rules of diplomatic law—that the person of the ambassador is inviolable and that a special protection must be given to the messages which are sent to and received from the ambassador’s sovereign—have been recognized from time immemorial among civilized States. The law of nations—now known as public international law—required States which accepted foreign diplomats to guarantee rights necessary to enable them to exercise their functions, including independence from local jurisdiction. It was important that ambassadors should not be afraid of traps or distracted by legal trickery. As such, the chapter discusses several areas where these privileges and immunities occur: the premises of the mission, the diplomatic asylum, the exemption of mission premises from taxation, the inviolability of mission archives, freedom of communications, the diplomatic bag, and freedom of movement.

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