Divide and Then Preside: the Dilemma of the First Asian President of the Permanent Court of International Justice in the Age of Empires: a Review Essay on Yanagihara Masaharu and Shinohara Hatsue Eds, Adachi Mineichirō (2017)

2019 ◽  
Vol 21 (3) ◽  
pp. 421-442
Author(s):  
Tomoko Akami
Keyword(s):  
International Law ◽  
Review Essay ◽  
Historical Development ◽  
Review Article ◽  
International Justice ◽  
Judicial System ◽  
National History ◽  
International History ◽  
History Of ◽  
History Of International Law

Abstract Adachi Mineichirō was the first non-European and the first Asian President of the Permanent Court of International Justice (1931–1934). This review article introduces the first substantial study of Adachi, focusing on his path of ‘becoming’ one of a few leading international jurists with non-Euro-American backgrounds in his period. This review essay demonstrates that by examining this Japanese diplomat and jurist, the book, written in Japanese, contributes to the debates on the history of international law in two significant ways. First, it reveals the fundamental issues in the development of the international judicial system, namely the nature of international jurists, empires and the principle of the equality of national sovereignty, and the significance of the roles of non-Euro-American actors in shaping the system. Secondly, it demonstrates the necessity of the inter-disciplinary collaboration between international law, international history and specific regional and national history, as well as methodological challenges in evaluating the historical development of the system.

scholarly journals International Law as a Help or Hinderance to World Peace

2020 ◽  
Vol 11 (2) ◽  
pp. 447-459
Author(s):  
Alexander Gilder
Keyword(s):  
International Law ◽  
Review Essay ◽  
International System ◽  
World Peace ◽  
International Organisations ◽  
The World ◽  
History Of ◽  
History Of International Law ◽  
Made In

Abstract World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes in the book looking at how the history of international law is framed by the author before assessing Bellamy’s arguments in relation to the state and international organisations. Lastly, the essay casts a legal eye over the author’s articles for world peace. The articles will be of particular interest to readers in international law as they are embedded in the existing systems and structures of the prevailing international system. However, the articles contain the important inclusion of individuals and the role they play in achieving world peace. World Peace allows international lawyers to think more deeply about peace and the points made in this essay raise some issues that may be further debated as scholars map the paths to peace.

The Renaissance of Roman Colonization

2020 ◽  
Keyword(s):  
International Law ◽  
Roman History ◽  
Italian Renaissance ◽  
Ancient Rome ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
Property Distribution ◽  
Carlo Sigonio ◽  
History Of ◽  
History Of International Law

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. Once antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3–84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyses the context, making, and impact of Sigonio’s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from visions of imperial reform and colonial independence in the nascent United States of America, to Enlightenment accounts of property distribution, culminating in a specific juridical strand in twentieth-century Roman historiography. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance until today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

scholarly journals Introduction

2017 ◽  
Vol 30 (4) ◽  
pp. 799-800
Author(s):  
MÓNICA GARCÍA-SALMONES ROVIRA ◽  
PAOLO AMOROSA
Keyword(s):  
International Law ◽  
Case Studies ◽  
Point Of View ◽  
Colonial Legacy ◽  
Normative Systems ◽  
Diverse Backgrounds ◽  
History Of ◽  
Colonial Governance ◽  
History Of International Law

The deep relation between the colonial past and contemporary international law has been convincingly established. Scholars from diverse backgrounds, employing a variety of approaches, have shown the multifaceted ways in which the colonial enterprise occasioned the birth of doctrines and practices that are still in common use. The conference that occasioned this symposium, the last of the project History of International Law: Between Religion and Empire, directed by Martti Koskenniemi, was held in Helsinki in October 2016 and approached the issue of the colonial legacy of international law from the point of view of specific histories. The ‘techniques of empire’ raised at the conference encompassed colonial governance in the broadest sense, looking at practices, norms and normative systems, doctrines and concepts, and events. The case studies making up the articles featured in the symposium treat subjects as diverse as the experiences of colonialism have been, assuming an array of forms. Even so, from the multiplicity of techniques certain patterns and themes emerge.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

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.

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