‘My Capitalism Is Bigger than Yours!’

2018 ◽  
Vol 26 (3) ◽  
pp. 99-124 ◽  
Author(s):  
Maïa Pal
Keyword(s):  
International Relations ◽  
International Law ◽  
Historical Sociology ◽  
Unified Theory ◽  
Property Relations ◽  
Critical Scholarship ◽  
Uneven And Combined Development ◽  
Different Types ◽  
History Of ◽  
Methodological Problems

AbstractThis article reviews Alex Anievas and Kerem Nişancıoğlu’s How the West Came to Rule: The Geopolitical Origins of Capitalism (2015). It argues that the book offers a stimulating and ambitious approach to solving the problems of Eurocentrism and the origins of capitalism in growing critical scholarship in historical sociology and International Relations. However, by focusing on the ‘problem of the international’ and proposing a ‘single unified theory’ based on uneven and combined development, the authors present a history of international relations that trades off methodological openness and legal complexity for a structural and exclusive consequentialism driven by anti-Eurocentrism. By misrepresenting the concept of social-property relations in terms of the internal/external fallacy, and by confusing different types of ‘internalism’ required by early-modern jurisdictional struggles, the book problematically conflates histories of international law and capitalism. These methodological problems are contextualised by examples from the Spanish, French and British empires’ conceptions of sovereignty and jurisdiction and their significant legal actors and processes.

The Justification of War and International Order

2021 ◽  
Keyword(s):  
International Relations ◽  
Early Modern ◽  
International Law ◽  
Use Of Force ◽  
International Order ◽  
Frame Of Reference ◽  
Pertinent Literature ◽  
Modern Times ◽  
History Of ◽  
Early Modern Times

The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. The book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present. It comprises contributions from International Law, History and International Relations and from Western and non-Western perspectives.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

scholarly journals Relationship between international law and religion

Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Detailed Analysis ◽  
Mutual Influence ◽  
First Century ◽  
Basic Principles ◽  
History Of ◽  
Twenty First Century ◽  
History Of International Law

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out

scholarly journals Życie międzynarodowe rzeczy. Przedmioty luksusu i codziennego użytku w społecznej historii stosunków międzynarodowych

2018 ◽  
pp. 7-34
Author(s):  
Andrzej GAŁGANEK
Keyword(s):  
International Relations ◽  
Social History ◽  
Raw Materials ◽  
Social Systems ◽  
Social World ◽  
Advanced Technology ◽  
Prestige Goods ◽  
The Social ◽  
Uneven And Combined Development ◽  
History Of

The paper discusses the potential of objects, broadly understood luxury ‘items’ and necessities, in order to present uneven and combined development as the foundation of the social history of international relations. The author evidences that this approach to ‘objects’ allows us to achieve, at the very least, the following: (1) to observe the single social world which emerges after the division into ‘internal’ and ‘international’ is rejected; (2) to ‘touch’ the international outside the realm that the science of international relations usually associates with international politics; (3) to examine the social history of international relations, abandoning the approach that dominates in traditional historiography where production processes are privileged over consumption processes; (4) to demonstrate how human activities create internationalism. Discussing apparently different processes related to the international life of broadly understood ‘objects’, such as African giraffes, Kashmiri shawls, silk, the importance of English items for the inhabitants of Mutsamudu, or the opera Madame Butterfly the author identifies similar patterns which, although sometimes concealed, demonstrate the consequences of uneven and combined development for the social history of international relations. Prestige goods express affluence, success and power. They are usually objects manufactured from imported raw materials or materials, with limited distribution, which require a significant amount of labor or advanced technology to create. In contrast to everyday necessities, owing to their high value, prestige goods are exchanged over long distances through networks established by the elite. The analysis of manufacturing, exchange and social contexts related to prestige goods constitutes a significant source for understanding the social history of international relations. The examples in the paper present control over these goods as a source of political power. The control of raw materials, production and distribution of prestige goods is perceived as key to maintaining hierarchical social systems. Objects are inescapably related to ideas and practices. Uneven and combined development leads to meetings between people and objects, either opening or closing the space, allowing for their transfer and domestication, or rejection and destruction respectively. Concentration on the analyses of objects outside of modernization models or comparisons between civilizations and the conscious narrowing of perspective offers a tool with a heuristic potential which is interesting in the context of international relations. Comparative observation of objects (‘single’ elements of reality) via cultures undergoing uneven and combined development protects us from historiographic western exceptionalism. It also shows that the division between the ‘internal’ and ‘international’ unjustifiably splits the social world and makes it impossible to understand.

scholarly journals International Relations of Medieval Europe in Works of D. I. Kachenovskiy (1827–1872)

2019 ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Middle Ages ◽  
Research Work ◽  
Basic Research ◽  
Positive Influence ◽  
Substantial Impact ◽  
Feudal Society ◽  
History Of ◽  
The Middle Ages

The article dwells on reaearch and academic activity of D. I. Kachenovskiy at Kharkiv University. His contribution is shown to the study of international relations history at Middle Ages. It is emphasized that we are quite right to call D. I. Kachenovskiy one of most prominent Ukrainian experts in this field, despite his certain idealization of feudal society. Main teaching subjects of D. I. Kachenovskiy were international law and state law of European powers. The basic research work by D. I. Kachenovskiy became his doctoral thesis «On Privateers and Prize Proceedings Relative to Neutral Merchandise» (1855) which became widely known both in Russian Empire and Europe. D. I. Kachenovskiy admitted the appropriateness of privateering, characterized its essence and shared the opinion of well-known French scholar J.-M. Pardessus that charter by Aragon king Alfonso III of 1288 had been the first legislative act relating to privateering. The first period in European privateering history when “naval war was almost indistinguishable from piracy” lasted, by the scholar’s opinion, up to the end of XVI century. His «Course in International Law» was published in 1863, though unfinished, and embraced the antiquity as well as Middle Ages. The concept of international law development in the Middle Ages as proposed by D. I. Kachenovskiy included several basic elements. Those are: admission of the tremendous contribution of Christian Church, Roman Popes and German Emperors in elaboration of this law, influence of public order and national character of German tribes, as well as statement of general détente of mores and international tension in the Middle Ages under the effect of above-cited factors. The scholar emphasized positive influence of knighthood on customs of war and international relations. Medieval international law, history of privateering and trade, social-political and cultural life of Florence and effect of internal factors on its development were the main lines in research of the scientist. Works by D. I. Kachenovskiy exerted the substantial impact not only on students, but on his colleagues as well, and his scientific treatments mostly sustained time exam.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

The Noble American Science of Imperial Relations and Its Laws of Race Development

2020 ◽  
pp. 3-42
Author(s):  
Robert Vitalis
Keyword(s):  
United States ◽  
International Relations ◽  
International Law ◽  
Evolutionary Biology ◽  
Historical Sociology ◽  
The United States ◽  
International Relations Theory ◽  
Social Scientists ◽  
American Science ◽  
The Way

We now know that the ‘birth of the discipline’ of international relations in the United States is a story about empire. The foundations of early international relations theory are set in not just international law and historical sociology but evolutionary biology and racial anthropology. The problem is the way in which scholars today deal with the place of race in the thought of John Hobson, Paul Reinsch, and virtually all other social scientists of the era. The strand of thought that still resonates in our own time about empire, states, and the like is raised up and depicted as the scientific or theoretical core in the scholars’ work, while the strand that involves now archaic racial constructs is downgraded and treated instead as mere ‘language’, ‘metaphors’, and ‘prejudices’ of the era. To undo this error and recover in full the ideas of early international relations theorists it is necessary to bring the work of historians of conservative and reform Darwinism to bear on the first specialists and foundational texts in international relations.

Capitalism, Jacobinism and International Relations: Re-interpreting the Ottoman path to modernity

2017 ◽  
Vol 44 (2) ◽  
pp. 252-278 ◽  
Author(s):  
Eren Duzgun
Keyword(s):  
International Relations ◽  
Western Europe ◽  
Historical Sociology ◽  
International Order ◽  
Historical Narratives ◽  
Uneven And Combined Development ◽  
Global Modernity ◽  
Sociological Approaches

AbstractDebates over ‘modernity’ have been central to the development of historical-sociological approaches to International Relations (IR). Within the bourgeoning subfield of International Historical Sociology (IHS), much work has been done to formulate a historically dynamic conception of international relations, which is then used to undermine unilinear conceptions of global modernity. Nevertheless, this article argues that IHS has not proceeded far enough in successfully remedying the problem of unilinearism. The problem remains that historical narratives, informed by IHS, tend to transhistoricise capitalism, which, in turn, obscures the generative nature of international relations, as well as the fundamental heterogeneity of diverging paths to modernity both within and beyond western Europe. Based on the theory of Uneven and Combined Development, Political Marxism, and Robbie Shilliam’s discussion of ‘Jacobinism’, this article first reinterprets the radical multilinearity of modernity within western Europe, and then utilises this reinterpretation to provide a new reading of the Ottoman path to modernity (1839–1918). Such a historical critique and reconstruction will highlight the significance of Jacobinism for a more accurate theorisation of the origin and development of the modern international order, hence contributing to a deeper understanding of the international relations of modernity.

The Ban on the Use of Force in the UN Charter

2016 ◽  
Author(s):  
Nico Schrijver
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Status ◽  
Use Of Force ◽  
The Other ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of

This chapter focuses on Article 2(4) of the UN Charter, which prohibits the use of force in international relations. After discussing pre-Charter attempts to restrict states’ freedom to resort to warfare, it examines the emergence of a normative doctrine on a bellum justum. It considers the history of Article 2(4) and the other articles of the Charter that touch on the use of force and outlines exceptions to the prohibition on the use of force, including the so-called Uniting for Peace procedure. It examines the interpretation of Article 2(4) in the practice of the General Assembly, Security Council, and International Court of Justice), together with its inclusion in a number of multilateral treaties. Finally, it assesses the question whether the use of force after 1945 conforms to the object and purpose of Article 2(4), as well as the legal status of the prohibition to use force in contemporary international law.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

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