IV.D Trade (Other Global Trade Arrangements) | TRADE/DEVELOPMENT DOCUMENTS International Law & World Order: Weston's & Carlson's Basic Documents

2014 ◽  
Keyword(s):  
International Law ◽  
World Order ◽  
Global Trade

The Sino-Japanese War and the Collapse of the Qing and Confucian World Order in the Face of Japanese Imperialism and European Acquiescence

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Bijun Xu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
East Asian ◽  
World Order ◽  
Foreign Minister ◽  
Late Nineteenth Century ◽  
Japanese Imperialism ◽  
The Face ◽  
Late Nineteenth

The First Sino-Japanese War (1894–95) has been perceived as a sign of a new East Asian power order, but the legitimacy of the war has yet to be clarified. The Japanese foreign minister Mutsu’s Kenkenroku shows that the reasons claimed by Japan were only pretexts for its ambition to put Korea under its control. The 1885 Convention of Tianjin, which was used to justify the Japanese behaviour, needs to be reinterpreted. The Chinese reaction can be understood by exploration into Confucianism, which opposed wars between equal peers. Meanwhile, the Western powers which invented and developed international law were self-interested and did little to prevent the war. The incident shows that international law, empowered by the strong states, failed to maintain peace efficiently in the late nineteenth century.

The Activity of Lawyers in the International Criminal Court: Theoretical and Practical Aspects

2021 ◽  
Vol 8 (3) ◽  
pp. 67-72
Author(s):  
Daria A. Sedova
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
World Order ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Or Groups ◽  
The Status ◽  
Entire History

In the entire history of mankind, a large number of acts of violence and aggression have been committed. Over the past 50 years alone, there have been more than 400 interstate and intrastate conflicts that have claimed the lives of millions of people. Increasingly, there has been an urgent need to protect the violated rights of individuals. The idea of creating a single international body for the protection of human rights has been discussed more than once. For the first time, the idea of creating an international judicial body was expressed in 1948 by the UN General Assembly after the Nuremberg and Tokyo trials at the end of World War II, which issue has been discussed at the United Nations ever since. However, efforts to create such a mechanism have not been successful, despite the need for a permanent criminal court to prosecute and punish those who commit the most serious crimes. In 1998, this idea was realized. The International Criminal Court (ICC) has sought ways to establish a world order with a fair resolution of conflicts. It has long been recognized, the verdict of the Nuremberg Tribunal noted, that international law imposes duties and obligations on specific individuals as well as on the state. [] Crimes against international law are committed by people, not by abstract categories, and only by punishing individuals who commit such crimes can the provisions of international law be respected. To date, the ICC is successfully coping with the task of punishing those persons or groups of persons who have committed the international crimes listed in the Rome Statute. It would seem that the balance between good and evil has been found. The crime has been committed and the criminal punished. But it is important to note that the procedural issues have not been resolved as well as that of punishing criminals. An urgent matter today is the status of defenders of the accused in international criminal proceedings. This question requires not only a doctrinal, but also a practical understanding.

scholarly journals Die Zukunft des Völkerrechts

2017 ◽  
Vol 26 ◽  
pp. 3 ◽  
Author(s):  
Christian Tomuschat
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
World Order ◽  
Legal Order ◽  
Positive Side ◽  
Normative Growth ◽  
International Legal Order ◽  
The Rich ◽  
Fragmentation Of International Law

The international legal order today constitutes a truly universal legal system. It has received guiding principles through the United Nations Charter: ever since this ‘Constitution for the world’ began operating, sovereign equality of states, self‑determination of peoples, and human rights have been key components of this architecture, which has reached a state of ‘conceptual unity’ belying the talk of ‘fragmentation’ of international law that so fascinated scholars in their debates only a short while ago. The great peace treaties of 1648, 1815, and 1919, as Euro‑centric instruments influenced by the interests of the dominant powers, could not bring about a peaceful world order. After World War II, it was, in particular, the inclusion of the newly independent states in the legislative processes that has conferred an unchallenged degree of legitimacy on international law. Regrettably, its effectiveness has not kept pace with its normative growth. Some islands of stability can be identified. On the positive side, one can note a growing trend to entrust the settlement of disputes to formal procedures. Yet the integration of human rights in international law – a step of moral advancement that proceeds from the simple recognition that, precisely in the interest of world peace, domains of domestic and international matters cannot be separated one from the other as neatly as postulated by the classic doctrine of international law – has placed enormous obstacles before international law. It must be expected that the demand for more justice on the part of developing nations will subject the international legal order to even greater strain in the near future. Currently, chances are low that the issue of migration from the poorer South to the ‘rich’ North can be resolved.

Historiographies of International Law from a Chinese Perspective

2021 ◽  
Author(s):  
Maria Adele Carrai
Keyword(s):  
International Law ◽  
World Order ◽  
Global History ◽  
Global Power ◽  
Chinese Perspective ◽  
The Future ◽  
History Of ◽  
Chinese Scholars ◽  
History Of International Law ◽  
Selection Of

One objective of the emerging global history of international law is to broaden its scope in an attempt to overcome Eurocentrism. In this context, China, not only as an emerging global power that can influence the creation of the normative principles grounding the future world order, but also with its history of international law, offers a counter-teleology to the classic progress narrative of international law understood as a science. This article presents a critical summary and analysis of the approaches of a selection of Chinese scholars to the history of international law. The current debates seem to be closely linked to a new conception of modernity that does not correspond with the Western conception. The Chinese perspective, in this sense, can help broaden the history of international law, especially when that history claims to be global.

The Justification and Critique of Coercion as World Order Politics

2021 ◽  
pp. 489-500
Author(s):  
Christopher Daase ◽  
Nicole Deitelhoff
Keyword(s):  
International Relations ◽  
International Law ◽  
Use Of Force ◽  
World Order ◽  
International Order ◽  
Physical Force ◽  
Coercive Measures ◽  
Economic Coercion ◽  
Normative Expectations

The present chapter turns from the justification of war (the use of force) to the justification of coercion. It proceeds on the assumption that to stabilize the current international order requires less ‘legitimate force’ and more ‘legitimate coercion’ since in most institutions the enforcement of norms—as the very basis of order—does not only or even primarily rely on physical force but on various forms of political and economic coercion. The chapter distinguishes various forms of coercion and reconstructs debates in International Law and International Relations with regard to their legality, legitimacy, and effectiveness. Doing so, Christopher Daase and Nicole Deitelhoff intend to broaden the debate on world order by redirecting the focus from the use of force to the use of less violent coercive measures. Specifically, the chapter introduces a concept of sanction as a means of communicating normative expectations to the normative community rather than executing punishments.

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