The Main International Law Issues Arising in the Aftermath of World War II

2020 ◽  
pp. 406-430
Author(s):  
Enrico Milano
Keyword(s):  
Foreign Policy ◽  
World War Ii ◽  
International Law ◽  
European Integration ◽  
Peace Treaty ◽  
The Novel ◽  
World War ◽  
European Continent ◽  
Policy Issues ◽  
Responsible Member

The present chapter provides an extensive analysis of the main foreign policy issues arising for Italy out of the 1947 Peace Treaty—namely the question of South Tyrol, the Free Territory of Trieste and Italy’s Trusteeship over Somalia—and how these issues were dealt with by the Italian international law doctrine. The chapter also deals with the doctrinal debates ensuing from the proliferation of international organizations, including regional ones in the European continent. The analysis shows that Italian authors produced an impressive bulk of literature engaging directly with the major international law issues resulting from the end of World War II; the conclusion reached is that international lawyers were active participants in the national political effort to become a fully fledged, responsible member of the international community and contributed to the understanding of the novel process of European integration as an antidote against conflict and hostilities in the European continent.

scholarly journals Finland’s Continuation War (1941–1944): War of Aggression or Defence? War of Alliance or Separate War?

2020 ◽  
Vol 17 (1) ◽  
pp. 77-121
Author(s):  
Lauri Hannikainen
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
International Law ◽  
Peace Treaty ◽  
Negative Consequences ◽  
World War ◽  
Spheres Of Influence ◽  
The Soviet Union ◽  
War Effort ◽  
Winter War

In September 1939, after having included a secret protocol on spheres of influence in the so-called Molotov- Ribbentrop Pact, Germany and the Soviet Union invaded Poland and divided it between themselves. It was not long before the Soviet Union approached Finland by proposing exchanges of certain territories: ‘in our national interest we want to have from you certain territories and offer in exchange territories twice as large but in less crucial areas’. Finland, suspicious of Soviet motives, refused – the outcome was the Soviet war of aggression against Finland by the name of the Winter War in 1939–1940. The Soviet Union won this war and compelled Finland to cede several territories – about 10 per cent of Finland’s area. After the Winter War, Finland sought protection from Germany against the Soviet Union and decided to rely on Germany. After Germany attacked the Soviet Union in June 1941, Finland joined the German war effort in the so-called Continuation War and reoccupied the territories lost in the Winter War. Finnish forces did not stop at the old border but occupied Eastern (Soviet) Karelia with a desire eventually to annex it. By that measure, Finland joined as Germany’s ally in its war of aggression against the Soviet Union in violation of international law. In their strong reliance on Germany, the Finnish leaders made some very questionable decisions without listening to warnings from Western States about possible negative consequences. Germany lost its war and so did Finland, which barely avoided entire occupation by the Soviet Army and succeeded in September 1944 in concluding an armistice with the Soviet Union. Finland lost some more territories and was subjected to many obligations and restrictions in the 1947 Paris Peace Treaty, dictated by the Allies. This article analyses, according to the criteria of international law, Finland’s policy shortly prior to and during the Continuation War, especially Finland’s secret dealings with Germany in the months prior to the German attack against the Soviet Union and Finland’s occupation of Eastern Karelia in the autumn of 1941. After Adolf Hitler declared that Germany was fighting against the Soviet Union together with Finland and Romania, was the Soviet Union entitled – prior to the Finnish attack – to resort to armed force in self-defence against Finland? And was Finland treated too harshly in the aftermath of World War ii? After all, its role as an ally of Germany had been rather limited.

scholarly journals Criminal Proceedings Against Albers

2013 ◽  
Vol 107 (3) ◽  
pp. 632-638
Author(s):  
Filippo Fontanelli
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
Criminal Proceedings ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
Court Of Appeal

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

Diplomatic Culture in the Canada-U.S. Model of Asymmetrical Relationship

2014 ◽  
pp. 98-106
Author(s):  
E. Komkova
Keyword(s):  
Foreign Policy ◽  
World War Ii ◽  
Russian Federation ◽  
World War ◽  
Policy Strategy ◽  
Responsible Behavior ◽  
The World ◽  
The Russian Federation ◽  
Rules Of The Game

The management of the Canada–U.S. asymmetry might be defined as rather successful example. After the World War II Canadian and American officials have developed a set of specific bargaining norms, which can be referred to as the “rules of the game”, and “diplomatic culture”. Their existence leads to predictability of relationships, to empathy, and to expectations of “responsible” behavior. The study of the Canada–U.S. model of civilized asymmetrical relationship lays grounds for further investigation on how it can be applied to the foreign policy strategy of the Russian Federation in its relations with asymmetrical partners from the “near neighbourhood”.

scholarly journals Methodological features of asymmetric conflicts historical modeling studying

2018 ◽  
Vol 7 (2) ◽  
pp. 215-218
Author(s):  
Stanislav Gennadyevich Malkin
Keyword(s):  
Foreign Policy ◽  
World War Ii ◽  
World Order ◽  
Research Problem ◽  
Theory And Practice ◽  
World War ◽  
Historical Simulation ◽  
Asymmetric Conflicts ◽  
The Usa

The following paper deals with methodological features of studying of empires legacy role in policy of the leading powers in the countries of the third world through a prism of asymmetric conflicts historical modeling. The author pays special attention to the role of Great Britain and the USA foreign policy course defining after World War II during Cold War in the second half of the 20th century and Global War on Terror at the beginning of the 21st century. The author pays attention to methodological traps (such as the probability of the research problem on the given variable and terminological confusion) as well as to research opportunities which are opened by such approach in the field of the historical and political analysis (for example, evolution of the international relations theory and practice in the conditions of the world order transformation after World War II). Special attention is given to the value of such methodological reception as asymmetric conflicts historical modeling in expert estimates of the leading powers foreign policy. The paper also deals with the role of expert community and academic expertize as an important component of that analytical operation which is carried out within historical simulation of the asymmetrical conflicts.

scholarly journals Nazi Crimes in Poland. A Never-Ending Search for Justice

2019 ◽  
pp. 142-160
Author(s):  
Hanna Kuczyńska
Keyword(s):  
World War Ii ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
World War ◽  
National Courts ◽  
International Criminal Tribunals ◽  
Efficient Machine

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.

scholarly journals Moving Lightly over the Earth

2021 ◽  
Author(s):  
Giovanni Spissu
Keyword(s):  
World War Ii ◽  
Lived Experiences ◽  
The Novel ◽  
World War ◽  
Unemployed People ◽  
The Earth ◽  
Ethnographic Observation ◽  
The Future ◽  
Specific Meaning ◽  
The Town

In the novel The Rings of Saturn (1995), the German writer W. G. Sebald recounts his solitary journey to the town of Suffolk (UK) at the end of his years, while he also reflects on some of the dramatic events that shaped World War II and his personal memories. In this work, he takes on a particular narrative tactic defined by the interaction between the text and images that creates a special type of montage in which he seems to draw from cinematic language. I argue that, drawing on Sebald’s work, we can imagine a form of ethnographic observation that involves the creation of a cinematic map through which to explore the memories and imagination of individuals in relation to places where they live. I explore the day-to-day lived experiences of unemployed people of Sulcis Iglesiente, through their everyday engagement with, and situated perceptions of, their territory. I describe the process that led me to build Moving Lightly over the Earth, a cinematic map of Sulcis Iglesiente through which I explored how women and men in the area who lost their jobs as a result of the process of its deindustrialization give specific meaning to the territory, relating it to memories of their past and hopes and desires for the future.

scholarly journals Ciało, trup, śmierć w utworze Götz i Meyer Davida Albahariego

2019 ◽  
Vol 168 ◽  
pp. 553-564
Author(s):  
Sabina Giergiel
Keyword(s):  
World War Ii ◽  
The Body ◽  
The Novel ◽  
World War ◽  
City Center ◽  
Independent State ◽  
The City

Body, corpse and death in David Albahari’s Gotz and MeyerThe article investigates the broadly understood record of Jewish death that emerges from the text of the Serbian prose writer David Albahari. Emphasizing the dominance of economy in the Nazi system, the author indicates those procedures described in Albahari’s book which justify such an assessment e.g. human reification, the body as debris, technical syntax used by German officials. Additionally, these considerations on death representation are supplemented with an endeavor to establish the Belgrade dwellers’ attitude towards the fortunes of the Jews. According to the author, the novel explicitly marks the spatial opposition enclosure vs. opening, the camp vs. the city center that is reinforced by the river, which during World War II divided the capital into Zemun belonging to the Independent State of Croatia, also the place where the camp was situated and Belgrade’s Serbian center. This demarcation intensifies the victims’ feelings of separation and loneliness, at the same time enabling the capital’s dwellers to occupy a comfortable position of bystanders.  Telo, mrtvac, smrt u romanu Gec i Majer Davida AlbaharijaRad se bavi vidovima smrti u romanu Gec i Majer Davida Albaharija. Pokazuje mehanizme koje potvrđuju opštepoznatu činjenicu da je u nacističkom sistemu dominirala ekonomija. U te mehanizme se ubrajaju, između ostalih: reifikacija čoveka, tretiranje tela kao otpada i tehnička leksika koju upotrebljavaju nemački funkcioneri. Analiza uključuje i pokušaj odgovora na pitanje kakav je bio odnos stanovnika Beograda prema sudbini Jevreja. Istraživanje pokazuje prostornu opoziciju zatvoren i otvoren prostor, logor i centar grada. Nju naglašava reka koja je za vreme Drugog svetskog rata delila srpsku prestonicu na Zemun, gde je bio smešten logor, a koji je pripadao NDH, i srpski centar Beograda. Ova granica je vezana za osećaj separacije i usamljenost žrtava, s jedne starne, i udobnost i bajstander-efekat stanovnika prestonice, s druge strane

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