Conclusion

Author(s):  
Gabriela A. Frei

Custom, state practice, and codification provided important reference points for the legal framework governing international relations in the nineteenth and early twentieth centuries. The Conclusion explores the shifts from custom to codification in international maritime law. It also outlines how Great Britain used international maritime law as an instrument in foreign policy to protect its economic and strategic interests as a sea power. This last chapter then discusses how international maritime law in turn affected visions of future warfare. Great Britain’s neutrality policy, and in particular the Foreign Enlistment Act, shaped the country’s state practice in the second half of the nineteenth century, and the conclusion discusses the importance of state practice in foreign policy at the time.

Author(s):  
Gabriela A. Frei

Chapter 5 deals with the codification of international maritime law at the second Hague peace conference and the London naval conference. In addition, it is concerned with Great Britain’s position on the process of codification, as well as how Great Britain shaped an international legal order as guidance in a future maritime conflict. As the foremost sea power at the time, Great Britain not only possessed the most comprehensive state practice on international maritime law but also significantly influenced the process of codification. The chapter illuminates Great Britain’s preparatory work for the conferences and evaluates the importance of state practice for the process of codification. The three topics which were particularly important for Great Britain are treated in detail in this chapter: blockade, contraband, and neutrality. Although the Declaration of London provided a comprehensive legal framework, it also illustrated the challenges and limitations of codification with regard to a future maritime conflict.


Author(s):  
Gabriela A. Frei

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.


Author(s):  
Duško Glodić

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.


Author(s):  
Davide Rodogno

This book examines the European roots of humanitarian intervention as a concept and international practice during the nineteenth century, with particular emphasis on the politics and policies of Great Britain and France. It challenges two assumptions: first, that humanitarian intervention is a phenomenon of international relations that appeared after the end of the Cold War and second, that it emerged abruptly during the nineteenth century. Focusing on the Ottoman Empire, the book investigates when, where, who, how, and for what reasons a humanitarian intervention was undertaken from 1815 to 1914. It argues that the primary motivation of humanitarian intervention is to end massacre, atrocity, and extermination or to prevent the repetition of such events, to protect civilian populations mistreated and unprotected by the target-state government, agents, or authorities. This introduction discusses the concept of rights, including natural rights, before the nineteenth century and provides an overview of the questions, assumptions, and issues raised in the book.


2020 ◽  
Vol 2 (3) ◽  
pp. 20-28
Author(s):  
ELENA KHAKHALKINA ◽  
◽  
EVGENY TROITSKIY

The Diary of Ivan Maisky, a diplomat, Soviet Envoy (later Ambassador) to the United Kingdom from 1932 to 1943 is one of the valuable sources on the interwar history of international relations and WWII. Maisky never saw his diaries returned to him after they had been confiscated at the time of his arrest in 1953. It was declassified by the Archive of Foreign Policy of the Russian Federation and published in 2006-2009 with the commentaries of Russian scholars. The analysis of the Diary which contains unique details about Soviet-British relations casts new light on the roles of Great Britain and the USSR in the pre-war international crises and allows for a re-evaluation of the two powers’ efforts aimed at preventing or delaying the war. When the Diary is juxtaposed with the declassified British archive materials, the degree to which the British officials trusted the Soviet Envoy/Ambassador as well as the level of his awareness of the undercurrents of British politics become clearer. The authors argue that the Versailles System had failed by the mid-1920s and was replaced by the Locarno System based on the guarantees of Germany’s western borders. In the mid-1930s the Locarno System was in disarray despite British efforts to save it through concessions and the appeasement policy. The «Diplomat’s Diary» shows a struggle within the British elite between the supporters and the opponents of the appeasement policy linked with the search for a new configuration of the European system of security.


2019 ◽  
Vol 29 ◽  
pp. 45-73
Author(s):  
Niclas Kern

This dissertation argues that land reclamation has become geopolitical. Land reclamation has added a new dimension to international relations and this dimension cannot be ignored, for it touches upon our fundamental understanding of state territory and spatial practice. Drawing on Stuart Elden and Henri Lefebvre, territory is understood as a set of political technologies that produce different dimensions of our modern conception of territorial space. Land reclamation operates as such a territorial technology and alters our understanding of maritime space in contemporary geopolitics and international law. Two case studies will explicate this development. The first study will investigate coastal reclamation in Singapore and its effects for the city-state’s international relations. The second study will analyse Chinese reclamation works in the disputed region of the South China Sea. Both investigations will approach these activities with a focus on the United Nations Convention on the Law of the Sea as the international juridical space of territory. In conclusion, this dissertation claims that the material and conceptual production of space triggered by advancements in land reclamation technology are reshaping territorial state practice and the corresponding legal framework of maritime space.


1964 ◽  
Vol 7 (1) ◽  
pp. 1-46 ◽  
Author(s):  
Michael Roberts

On the morning of 19 August 1772 Gustavus III seized supreme power in Sweden, overthrew the authority of the Estates, and amid the applause of almost all Swedes outside the circle of professional politicians brought the Age of Liberty to an end. On the morrow of the revolution he explicitly abjured sovereignty for himself; he promised his.subjects the constitution of Gustav Adolf; and he did in fact confer on them a liberal and tempered despotism, which may be described as being by Mercier de la Rivière out of The Patriot King. It was a revolution bloodless, popular, and uniquely clement; but it was profoundly disturbing to international relations. Twice in the next nine months it produced crises from which, for a moment, there seemed no issue save a general European war involving all the great powers. It might have been supposed, indeed, that England could stand aside from such a struggle: the countrymen of Wilkes and Junius cared little for Swedish liberty, and had but a dim and confused notion of a parliamentary system in some respects more advanced than their own. But by an odd combination of circumstances, the Constitution of 1720—which Gustavus had overthrown on 19 August—had for some years acquired the status of a major British interest; its maintenance had become one of the linch pins of British foreign policy; and its overthrow was a challenge to a whole system of ideas which had prevailed and grown stronger in the years since the Peace of Paris.


Author(s):  
Gabriela A. Frei

The Introduction provides an outline of the theme of the book, explaining the focus on state practice, custom, and the codification of international maritime law. State practice and custom were important reference points for the codification of international maritime law, and William E. Hall’s definition of international law serves as a starting point for the reflection on the importance of state practice for the making of international law. History was also an important reference point for early international lawyers, and Theodore D. Woolsey’s explanation helps to understand the close relationship between history and law more generally. The history of international law has become a vibrant research area in recent decades thanks to Martti Koskenniemi, whose works have contributed to the understanding of the construction of a legal argument and the philosophical basis of international law.


2015 ◽  
Vol 10 (3) ◽  
pp. 231-260
Author(s):  
Ursula Stark Urrestarazu

This article contends that diplomacy is an essential factor in the (trans)formation of ‘intercommunal relations’ — that is, international relations understood as social order(s) constituted by the practices of different sorts of actors. This relationship is illustrated by the regulation of ranks of diplomatic agents at the Congresses of Vienna (1815) and Aix-la-Chapelle (1818) and its effects on international order. This regulation was supposed to — and indeed did — offer a solution to some typical ‘foreign policy problems’ of the early nineteenth century, whereas other equally typical problems remained unsolved. Yet the effects of this innovation resulted in a significant shift, both in diplomatic practice and in notions of international order, as it ‘ordered’ the relations between actors and constituted specific patterns of identity recognition.


2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 1-8
Author(s):  
Stanislav V. Morozov ◽  
Svetlana Y. Krupskaya ◽  
Marina S. Orekhova ◽  
Olga A. Timoshkova ◽  
Alexander N. Oleinik

The paper examines the circumstances, details, elements of the process on using oil as a tool, when some influential politicians and ruling circles, including in Great Britain, sensing the target prospects of new political figures in Germany from among the social nationalists, tried to use them in their far-reaching purposes concerning the legal features of the Versailles Treaty. In particular, the actual absence of its own oil fields at the Weimar Republic and the monopolization of oil supplies in the context of implementing a "legal mechanism for pushing Germany to the East" made it possible to control the Hitler’s regime foreign policy activity to a certain extent.


Sign in / Sign up

Export Citation Format

Share Document