International Law and the Theory of War

Author(s):  
Gabriela A. Frei

Chapter 7 explores the question of the immunity of private property from capture at sea, examining the views of its opponents and supporters. The immunity of private property at sea posed a serious challenge to sea powers—it was feared that this step would result in a further curtailment of belligerent rights. The chapter analyses the positions of the United States, Great Britain, and Germany in the first and second Hague peace conferences. The naval thinkers Alfred T. Mahan and Julian S. Corbett saw the proposal as an existential danger to waging economic warfare. Their reflection on the impact of international law on maritime strategy illustrated the limitation of the adoption of such a far-reaching proposal. The question also demanded a theoretical reflection on warfare and the chapter compares how international lawyers and strategists understood warfare and international law.

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Elizabeth Chloe Romanis ◽  
Jordan A Parsons ◽  
Nathan Hodson

Abstract In this paper we consider the impact that the COVID-19 pandemic is having on access to abortion care in Great Britain (GB) (England, Wales, and Scotland) and the United States (US). The pandemic has exacerbated problems in access to abortion services because social distancing or lockdown measures, increasing caring responsibilities, and the need to self-isolate are making clinics much more difficult to access, and this is when clinics are able to stay open which many are not. In response we argue there is a need to facilitate telemedical early medical abortion in order to ensure access to essential healthcare for people in need of terminations. There are substantial legal barriers to the establishment of telemedical abortion services in parts of GB and parts of the US. We argue that during a pandemic any restriction on telemedicine for basic healthcare is an unjustifiable human rights violation and, in the US, is unconstitutional.


1956 ◽  
Vol 50 (2) ◽  
pp. 293-312 ◽  
Author(s):  
George A. Finch

The founding fifty years ago of a society to promote the establishment of international relations on the basis of law and justice was a step marking the progress that had been made at the beginning of the century in the age-long efforts to find a means of substituting reason for force in the settlement of international controversies. At that time arbitration was generally regarded as the most suitable and acceptable substitute for war. Great Britain and the United States had both heavily contributed to that conviction first by submitting to arbitration under the Jay Treaty of 1794 the numerous misunderstandings that developed in carrying out the provisions of the Peace Treaty of 1783, and then three-quarters of a century later in submitting to arbitration by the Treaty of Washington of 1871 the dangerous Alabama Claims dispute following the American Civil War.


1916 ◽  
Vol 10 (4) ◽  
pp. 809-831
Author(s):  
James Brown Scott

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.


1913 ◽  
Vol 7 (4) ◽  
pp. 687-707

Meaning of the phrase “principles of international law and of equity” as used in Article 7 of the Special Agreement between the United States and Great Britain of August 18, 1910, and of the phrase “admission of liability” in paragraph II of the Terms of Submission attached to the Special Agreement.


2018 ◽  
Author(s):  
Achmad Zulfikar ◽  
Romi Maulidi ◽  
Waskito Wibowo

This study aims to explore the impact of Israel claims on the Al-Quds since the surrender of territory by the British. Al-Quds in Arabic means "The Holy One" which is another name of the city of Jerusalem. In its development Israel received strong support from the United States. This strong support was demonstrated by President Donald Trump in a statement on 6 December 2017 that Jerusalem (Al-Quds) is the capital of Israel. The statement gets the pros and cons of various parties. This phenomenon attracts authors to explore the claims of Israel and the United States from the perspective of world history and international law. This paper uses qualitative descriptive method and data collection through literature review. The study concludes that Israel and the United States based on consensus of UN member states can not make unilateral claims against Jerusalem (Al-Quds) because it is not in line with historical and international law.


1913 ◽  
Vol 7 (4) ◽  
pp. 774-780
Author(s):  
Arthur K. Kuhn

At the Antwerp meeting of the International Law Association in 1903, a paper was presented by Mr. Justice Phillimore indicating the desirability of having Great Britain participate in the Hague Conferences on Private International Law. At the same meeting, a resolution was adopted on the motion of Mr. Justice Kennedy to the effect that the Association “should take steps respectfully to lay before the British Government the points dealt with in that paper” with a view to its participation in the conferences. Although not referring in terms to America, the resolution was seconded by Dr. Gregory, an American member, and the discussion showed plainly that it was the sense of the meeting that the resolution was intended to apply also to the United States.


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