The Risorgimento and the “Birth” of International Law in Italy

2020 ◽  
pp. 79-108
Author(s):  
Edoardo Greppi
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Political Process ◽  
The Political ◽  
Historical Evolution ◽  
Historical Events ◽  
Italian School ◽  
Political Unification

The Italian doctrine of international law developed in the mid-nineteenth century, mainly under the influence of the historical events that characterized the so-called Risorgimento, the political process leading to the political unification and formation of the Kingdom of Italy in 1861. Several scholars largely based their writings on the theory developed by Pasquale Stanislao Mancini, according to which the principle of nationality was the basis for legitimacy and international subjectivity, a theory clearly linked with the political afflatus of the period. This chapter addresses the Italian scholarship of international law during the Risorgimento period, through a series of authors originally so strictly-linked with Mancini’s theories to be qualified, even at the time, as the ‘Italian school of international law’. Such theories were therefore firmly anchored in the Risorgimento, its political ideals and its historical evolution exercising a very significant impact on the international law studies in Italy during those decades.

The Construction of the International Law Discipline in Italy between the Mancinian and Positive Schools

2020 ◽  
pp. 109-126
Author(s):  
Eloisa Mura
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
The Political ◽  
Current Analysis ◽  
Positive Law ◽  
Political Unification ◽  
Compulsory Subject

This chapter reconstructs the evolution of international law studies between the aftermath of the political unification of Italy, when international law became a compulsory subject in the curriculum of the Departments of Law, and the last decades of the nineteenth century, when the positive law approach started to emerge. It provides an overview of the slow and tiring affirmation of the discipline’s specialism through dedicated chairs, the publication of early manuals, and scholars devoted to this subject, a process developed in the shadow of its influential tutelary deity: Pasquale Stanislao Mancini. This chapter thus offers another puzzle to current analysis aimed to reconstruct the phenomenon of the professionalization of international law in the nineteenth century, mainly explored in relation to other States.

Romania thirty years later: from a totalitarian dictatorship to a deep state?

2021 ◽  
pp. 254-268
Author(s):  
Nikolai N. Morozov
Keyword(s):  
Political Parties ◽  
Political System ◽  
Political Power ◽  
Political Process ◽  
The Political ◽  
Historical Events ◽  
Totalitarian Regime ◽  
Political Evolution ◽  
Deep State

This chapter combines an analysis of the party-political system of post-communist Romania with the impressions of a direct witness to the most important historical events in the country, tracing the political evolution of Romania over the 30 years after the December revolution of 1989, which led to the overthrow of the totalitarian regime of Ceauşescu. A review of political parties and alliances is presented, which may be of practical benefit to researchers working on this period in Romanian history. On the basis of numerous sources and direct interviews with Romanian politicians, some specific characteristics of the political process in the country are identified. An attempt has been made to show the mechanisms of political power that have emerged since the collapse of the former totalitarian system.

Annual Meeting of the Society

1958 ◽  
Vol 52 (3) ◽  
pp. 517-522
Author(s):  
Eleanor H. Finch
Keyword(s):  
International Law ◽  
Annual Meeting ◽  
Political Process ◽  
The Political ◽  
General Theme ◽  
American Society ◽  
Hilton Hotel

The American Society of International Law held its 52nd annual meeting at the Statler Hilton Hotel in Washington, D. C., April 24–26, 1958. The meeting was attended by approximately 300 persons. The general theme was “International Law and the Political Process.”

Italy’s Social Order between Unification and Fascism

2018 ◽  
Author(s):  
Andrea Lorenzo Capussela
Keyword(s):  
Nineteenth Century ◽  
Political Institutions ◽  
Social Order ◽  
The Political ◽  
The South ◽  
Institutional Reforms ◽  
Political Unification

This chapter reviews the evolution of Italy’s social order between the political unification of the peninsula, achieved in 1861, and the end of Fascism, in 1943. It follows the country’s convergence to Europe’s early industrializers, which accelerated near the end of the nineteenth century and was assisted by appropriate institutional reforms. In the presence of a large anti-systemic opposition the country’s social order opened up only modestly and hesitantly, however, and in the early 1920s its elites preferred Fascism to democratization. Under this regime the progress made by political institutions during the liberal period was reversed, convergence slowed down markedly, and the divergence of the South from the rest of Italy peaked. The chapter underlines the essential continuity of the country’s social order and elites between the liberal epoch and Fascism.

Social Reform

2018 ◽  
pp. 419-435
Author(s):  
David Michael Vincent
Keyword(s):  
Nineteenth Century ◽  
Social Reform ◽  
Political Action ◽  
Political Process ◽  
The Political ◽  
Commitment To Change ◽  
Legislative Change ◽  
Direct Attack ◽  
Private Philanthropy

This chapter addresses Dickens’s career-long engagement with the ills of mid-nineteenth-century society. It stresses the importance of the 1832 Reform Act in determining Dickens’s limited engagement with the political process and creating a broad, socially conscious readership for his novels. Dickens neither created an agenda for reform nor achieved specific legislative change. His engagement with reform was less a campaign than a dialogue, enlarging the knowledge of his readers and increasing their commitment to change. He subverted the emerging structures of power less by direct attack and more by addressing his broad readership as equal moral beings, capable of challenging the agents and agencies of authority, whether in political action or private philanthropy.

Kosovo's Declaration of Independence: Self-Determination and Sovereignty Revisited

2008 ◽  
Vol 33 (4) ◽  
pp. 401-435 ◽  
Author(s):  
Robert Muharremi
Keyword(s):  
International Law ◽  
Political Process ◽  
Self Determination ◽  
State Sovereignty ◽  
The Political ◽  
Declaration Of Independence ◽  
Un Security Council ◽  
Legal Arguments ◽  
The Impact

Abstract In this article, the author analyzes the implications of Kosovo's declaration of independence on state sovereignty and the principle of self-determination of peoples. He begins with an outline of the political process leading to the declaration of independence and the reactions of the international community thereto in which he also presents the various legal arguments raised for and against the lawfulness of Kosovo's secession from Serbia. The author continues with a discussion of whether the principle of self-determination of peoples does apply in the Kosovo case and whether the operation of this principle would justify a 'remedial secession'. Subsequently, he analyzes whether UN Security Council Resolution 1244 may be a legal barrier to Kosovo's independence to the extent that Serbia does not consent to such independence. Finally, in view of the extensive powers vested in the new international presence following Kosovo's declaration of independence, he discusses whether Kosovo fulfills the criteria of effective government and independence for being a state under general international law. The author concludes that international law remains controversial as to questions pertaining to conflicts between state sovereignty and self-determination of peoples and particularly to 'remedial secession', and that it is still too early to determine the impact of the Kosovo case on the development of international law.

Do We Need a Theory of the State?

1977 ◽  
Vol 18 (2) ◽  
pp. 222-244 ◽  
Author(s):  
C. B. Macpherson
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Political Process ◽  
The State ◽  
The Political ◽  
Theoretical Understanding ◽  
Modern Times ◽  
Theories Of Sovereignty

MyQuestion is not whether we need a theoretical understanding of the political process in modern states, but whether we need a theory of the state in the grand manner of the acknowledged ‘great’ theories, ranging in modern times from, say, Bodin and Hobbes to Hegel and the nineteenth century juristic theories of sovereignty, and on to the less ‘great’, but in intention equally grand, theories of Green and Bosanquet and such twentieth century thinkers as Barker and Lindsay and MacIver.

Seabed Issues at the Law of the Sea Conference: The Caracas Session

1975 ◽  
Vol 12 ◽  
pp. 222-238 ◽  
Author(s):  
Barry Buzan
Keyword(s):  
International Law ◽  
Present Report ◽  
Political Process ◽  
The Other ◽  
Law Of The Sea ◽  
The Political ◽  
The Third ◽  
Third Law ◽  
The Law

The caracas meeting was only the first of three, or possibly four, sessions of the Third Law of the Sea Conference that will try to bridge the gap between the rambling six volume result of the Seabed Committee’s work and the concise articles of a new Law of the Sea Convention. The work at Caracas did not reach a stage at which it became possible to submit draft articles for the approval of the Conference. As a result, the final documents of the session made no commitment on any matters of substance. Such movement towards agreement as was achieved is therefore not binding, and is extremely vulnerable to changes of position by states in the six months preceding the next session in Geneva. Because of this, the emphasis of the present report will be more on the political process at Caracas than on the development of international law. My purpose is, first, to examine the new proposals on seabed issues and relate them to previously existing positions; second, to analyse the alignments behind the key positions; and third, to look at the other factors emerging as influences on the seabed negotiations.

The Nuremberg Trials as Sources of Recent German Political and Historical Materials

1950 ◽  
Vol 44 (2) ◽  
pp. 343-357 ◽  
Author(s):  
Jacques Maritain
Keyword(s):  
Nineteenth Century ◽  
Political Philosophy ◽  
International Law ◽  
State Sovereignty ◽  
The Political ◽  
Historical Materials ◽  
Political Concept ◽  
The Individual ◽  
Nuremberg Trials ◽  
Historical Origins

No concept has raised so many conflicting issues and involved nineteenth-century jurists and political theorists in so desperate a maze as the concept of Sovereignty. The reason is perhaps that the original, genuine philosophical meaning of the concept had not been, from the very start, sufficiently examined and seriously tested by them.In the same measure as crucial practical problems dealing with international law developed, the controversies about State Sovereignty, considered in its external aspect (relations between states), grew deeper and more extended. The question was asked whether the international community as a whole is not the true holder of Sovereignty, rather than the individual states. And, in some quarters, the very notion of Sovereignty was challenged. Such was the stand taken first by Triepel, then by several other international lawyers, including Willoughby and Foulke. Yet that challenge to the concept of Sovereignty remained only juridical in nature, and did not go to the philosophical roots of the matter.My aim, in this essay, is to discuss Sovereignty not in terms of juridical theory, but in terms of political philosophy. I think that the grounds for doing so are all the better since “Sovereignty,” as Jellinek once observed, “in its historical origins is a political concept which later became transformed” in order to secure a juristic asset to the political power of the State.

Sign in / Sign up

Export Citation Format

Share Document