The Claim of Sovereignty in International Law and against International Law

Sovereignty ◽  
2019 ◽  
pp. 168-172
Author(s):  
Hermann Heller

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of sovereignty as a kind of modest, legally normed capacity to act, as authority under international law, or as a discretionary sphere granted by international law. However, this operation can never succeed using the tools of international law, because international law is only possible as long as there are at least two absolutely independent territorial decision-making units. The sovereignty problem has become more complicated for members of the League of Nations and its Permanent International Court in The Hague. The principles of a treaty order free of domination on which these institutions rest have not fundamentally changed; voluntariness and unanimity are preserved under these principles.

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.


1920 ◽  
Vol 14 (4) ◽  
pp. 540-564 ◽  
Author(s):  
S. W. Armstrong

The Hague Conference of 1907 had for one of its objects the formation of an international court of justice, the decisions of which were to systematize international law and resolve its inconsistencies. Such an international court, the “Court of Arbitral Justice,” was approved in principle by the Conference, but failed to be established because the Conference was unable to agree on the composition of the court.


1944 ◽  
Vol 38 (2) ◽  
pp. 235-248
Author(s):  
Clarence A. Berdahl

It is now more than one hundred years since the substance of the Connally Resolution was first adopted by a legislative body in the United States; it is almost fifty years since the United States, at the Hague Conferences, took the lead in pressing for an international court with much more power than the Court we have since failed to join; it is about thirty-five years since Congress itself, by a unanimous vote in both houses, adopted a resolution urging that the United States Navy be combined with other navies into an international police force for the preservation of peace; it is not quite thirty years ago that the political parties, without any of the present hullabaloo on the point, and at a time when the United States was not itself at war, achieved such a unity of position in their stand for effective American participation in world order as to make debate between them on that issue virtually nil; and it is not quite thirty years ago that the man soon to become the Republican leader in the Senate joined from the same platform with the Democratic President in an appeal for a League of Nations, and a League with force, both economic and military, at its command.


Author(s):  
Vitit Muntarbhorn

This chapter focuses on international law in Thailand. Siam was one of the original states from the Asian region that took part in the formation of the international legal system, notably the Hague Conference in 1899, which resulted in various treaties on the law of war, followed by the 1907 Hague Conference that resulted in a host of treaties on rules and regulations concerning the conduct of war. It was a member of the League of Nations and contributed to key international developments, such as the evolution of treaties against human trafficking. In the diplomatic juggle to set up the United Nations after the Second World War, Thailand sought membership, played its hand diplomatically, and gained admission. It was also one of the founders of the Association of Southeast Asian Nations (ASEAN) in 1967, and it was one of the key players that brought peace to Cambodia and the region in the 1990s.


2003 ◽  
Vol 4 (2) ◽  
pp. 173-175
Author(s):  
Andreas Paulus

To introduce Bruno Simma to the readers of German Law Journal is both an easy and a difficult task. An easy one because it will hardly be necessary to introduce his writings to those who have done only the slightest research in public international law– from his textbook “Universelles Völkerrecht” of 1976, co-authored with his teacher and mentor Alfred Verdross and still widely cited in German literature and jurisprudence, to the Commentary of the Charter of the United Nations which he first edited (in German) in 1991, the second English edition of which was published last year by Oxford University Press. On the other hand, writing on Bruno Simma is a difficult task because many of you will already have got a personal impression already – meeting him in Munich, where he has been teaching international and European law for no less than thirty years, in Ann Arbor/Michigan, where he is member of the affiliate overseas faculty of the University of Michigan Law School (since 1997) after teaching there for more than ten years, or at the Academies in The Hague or Florence, where he has taught much-acclaimed and -cited lectures on the move of international law “from bilateralism to community interest” and the relationship between human rights law and general international law. An even broader audience has come to know him for his public appearances in the press, the radio or television, in particular for his characterization of the dilemma of the Kosovo intervention as a “thin red line” between legality and morality. His article on “NATO, the UN and the Use of Force” appeared on the Webpages of the European Journal of International Law – the leading European international law journal he co-founded in 1990 and still co-edits – even before the first shots were fired.


2012 ◽  
Vol 7 (2) ◽  
pp. 210-232 ◽  
Author(s):  
Stephen Wertheim

AbstractDuring the First World War, civil society groups across the North Atlantic put forward an array of plans for recasting international society. The most prominent ones sought to build on the Hague Conferences of 1899 and 1907 by developing international legal codes and, in a drastic innovation, obligating and militarily enforcing the judicial settlement of disputes. Their ideal was a world governed by law, which they opposed to politics. This idea was championed by the largest groups in the United States and France in favour of international organizations, and they had likeminded counterparts in Britain. The Anglo-American architects of the League of Nations, however, defined their vision against legalism. Their declaratory design sought to ensure that artificial machinery never stifled the growth of common consciousness. Paradoxically, the bold new experiment in international organization was forged from an anti-formalistic ethos – one that slowed the momentum of international law and portended the rise of global governance.


1927 ◽  
Vol 21 (4) ◽  
pp. 659-667
Author(s):  
Jesse S. Reeves

With the adoption of a resolution by the Council of the League of Nations, transmitting the report of the Committee of Experts for the Progressive Codification of International Law to the Assembly, what may be called the preliminary work of that Committee has reached such a stage that it seems possible to review its activities in the process of codification adopted by the League of Nations. It will be remembered that the Hague Commission of Jurists in its report accompanying the Statute of the World Court recommended the creation of agencies for codification, and that Lord Robert Cecil’s opposition to codification delayed acceptance of the Commission’s recommendation until September, 1924, when the Assembly upon the initiative of Sweden provided for the appointment of a committee of experts.


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