scholarly journals Diplomacia em xeque: Direito das Gentes e escravidão na agenda bilateral Brasil-Uruguai (1847-1869) * Diplomacy put at stake: Law of Nations and slavery in Brazil-Uruguay bilateral agenda (1847-1869)

2015 ◽  
Vol 4 (1) ◽  
pp. 140
Author(s):  
RAFAEL PETER DE LIMA
Keyword(s):  
Nineteenth Century ◽  
International System ◽  
Central Object ◽  
Law Of Nations ◽  
The Law

<p><strong>Resumo: </strong>O presente artigo se propõe a analisar os embates diplomáticos entre Brasil e Uruguai em meados do século XIX que tiveram como eixo o imbricado terreno de convergência entre a escravidão e a diplomacia. Com frequentes desacordos de interpretações e encaminhamentos – frutos em grande parte da contraposição entre a estrutura escravista vigente no Brasil frente às leis abolicionistas uruguaias já implementadas –, o assunto alimentou profundas tensões na pauta bilateral e debates sobre elementos instituintes do ordenamento internacional mais amplo. Como objeto central da problemática a aplicação, extensão e validade do Direito das Gentes como balizador para a questão.</p><p><strong>Palavras-chave:</strong> Escravidão; Diplomacia; Direito das Gentes.</p><p> </p><p><strong>Abstract: </strong>This article aims to analyze the diplomatic clashes between Brazil and Uruguay in the mid nineteenth century that had the shaft interwoven plot of the convergence between slavery and diplomacy. With frequent disagreements of interpretation and referrals – fruit in much the contrast between the current slave structure in Brazil ahead to the Uruguayan-abolitionist laws already implemented –, it fueled deep tensions in the bilateral agenda and discussions on instituting elements of the wider international system. As the central object of problematic the application, extent and validity of the Law of Nations as a beacon to the issue.</p><p><strong>Keywords:</strong> Slavery; Diplomacy; Law of Nations.</p>

The Theory of Recognition in Fieri (1958)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Direct Influence ◽  
Historical Survey ◽  
Early Nineteenth Century ◽  
Formative Stage ◽  
Law Of Nations ◽  
New States ◽  
The Law

The historian of international law attempting an inquiry into the law of recognition of States and governments during its formative stage, particularly into eighteenth-century sources, is bound to consult the first historical survey of the literature of the law of nations by D. H. L. Ompteda, published in 1785. Ompteda referred to problems of recognition under the general heading of the fundamental right of nations to freedom and independence. All the essays he mentioned as being directly or indirectly relevant to problems of recognition of new States or rulers were written by comparatively unknown authors. Among them, Justi and Steck were perhaps the most active participants in the first attempts to formulate a theory of recognition. This chapter considers these early attempts, in particular the direct influence of Justi and Steck on Martens and Klueber, and through them on Henry Wheaton and some of the early nineteenth-century writers.

Le Droit des Nations aux Indes Orientales Aux XVIE, XVIIE, XVIIIE siècles (1964)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Natural Law ◽  
European Law ◽  
Historical Reality ◽  
Law Of Nations ◽  
The Family ◽  
The Indian Ocean ◽  
Territorial Rights ◽  
The Law

This chapter challenges the projection of nineteenth-century assumptions onto the historical reality of the sixteenth through eighteenth centuries by arguing that the earlier transactions between European and Asian powers took place under the rubric of the law of nations. The classical European authors founded their theories on natural law and considered the family of nations universal, and Europeans acquired territorial rights in Asia in accord with principles of European law, through conquest or treaties of cession. The law of nations in Europe at this time was still in formation, and juridical developments were affected by the practice of states in the Indian Ocean. The chapter considers uncertainties and debates around sovereignty (vassals, suzerains, trading companies), territorial title, and maritime law, particularly in the controversy between Grotius and Freitas, and the rise of discriminatory monopolistic treaties that restricted Asian sovereigns’ ability to deal with more than one European power.

Language and Power: The Dragoman as a Link in the Chain Between the Law of Nations and the Ottoman Empire

2020 ◽  
Vol 22 (1) ◽  
pp. 50-74
Author(s):  
Zülâl Muslu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Linguistic Meaning ◽  
Legal Thought ◽  
Language And Power ◽  
Law Of Nations ◽  
Professional Body ◽  
The Law

Abstract The paper attempts to take a different look into the Law of Nations through the role of dragomans (official translators) in the making of modern International law. Addressing the power of language above its mere linguistic meaning, also considering the way it is taught, socially shaped, productive and lasting, this paper intends to illustrate the general epistemic framework governing dragomans as an original social and professional body in order to better understand their unforeseen impact on the Ottoman understanding of and integration into modern international law. The paper argues that legal transformations are also the result of legal translations, which intrinsically imply the cultural and social backgrounds of the translators. It discusses how the progressive formation of the cosmopolitan professional body of dragomans led to both develop a bolted technicality and contribute to the uniformization of legal thought and language by the nineteenth century.

Nineteenth Century Arbitrators’ Powers—Has There Been Any Progress to Date?

2018 ◽  
Vol 17 (1) ◽  
pp. 217-235
Author(s):  
José Manuel Álvarez Zárate
Keyword(s):  
Nineteenth Century ◽  
Natural Law ◽  
Focus Of Attention ◽  
Important Change ◽  
Future Generations ◽  
Law Of Nations ◽  
Investment Law ◽  
The Law ◽  
Arbitral Proceedings

Abstract Investment arbitrators’ authority has been a focus of attention today, e.g. regarding the extent of their powers to interpret and apply the law, to conduct arbitral proceedings, to dissent from their fellow co-arbitrators, and with regard to their duty to be impartial and independent. Two hundred years ago, practitioners, arbitrators and states confronted similar challenges, and through legal doctrines, treaties and practices a path was laid out for future generations of practitioners and arbitrators, where clear legal lines were drawn to distinguish between arbitrators’ procedural and substantive powers and their duties with regard to each of them. The consent and sovereignty of states were duly deferred to by arbitrators and umpires, limiting their job to settle a case. Thus, arbitrators had the duty of impartially interpreting and applying the law of nations, i.e. the natural law, and to deliver a final and binding award. Arbitrators were not bound by precedents, and if they made an unjust or unfair decision, beyond the law, countries could refrain from complying with it, which limited arbitrators’ interpretive powers. In conclusion, not much has changed to date with regard to the procedural powers given to arbitrators. The authority delegated to them by states was to strictly settle the case; no power to develop the law was ever given, which still applies now. Hence, the only important change that has been introduced today is that of claiming the so-called inherent power to help in the development of investment law, which is being driven mainly by arbitrators, and not by states.

International Law and Resort to Armed Force

1932 ◽  
Vol 4 (3) ◽  
pp. 308-319 ◽  
Author(s):  
J. L. Brierly
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
International System ◽  
Use Of Force ◽  
Armed Force ◽  
Primary Task ◽  
Legal Systems ◽  
Great Merit ◽  
The Law ◽  
Set Up

THE relation of war to the international system was stated by W. E. Hall in a well-known passage of his treatise in these words: ‘International law has no alternative but to accept war, independently of the justice of its origin, as a relation which the parties to it may set up if they choose, and to busy itself only in regulating the effects of the relation.’ This view, which came to be more or less generally accepted by international lawyers in the course of the nineteenth century, marked the definite abandonment of the claim of the classical jurists to distinguish between bellum iustum, and bellum iniustum, and it was in a sense an admission that international law had so far failed in the primary task of all legal systems, that of establishing and maintaining a distinction between the legal and the illegal use of force. But it had the great merit of candour, and it brought the theory of the law into accord with what had always been and still remained the facts of international practice.

The Partition of Africa by Treaty (1974)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Active Part ◽  
African Continent ◽  
Law Of Nations ◽  
The Law ◽  
Two Phases

This chapter analyses the partition of the African continent via treaties. It begins with an introductory examination of pre-nineteenth-century European–African treaty-making and references some classic writers to Africa. It then discusses relevant documents on the ‘scramble’ for titles to African territory. These demonstrate the extent to which normal institutions of the law of nations as originally applied to European–African relations degenerated into instruments of colonial penetration in the second half of the nineteenth century, particularly after the Berlin Conference of 1884–85, which led to a multilaterally conceived plan of partition of the whole continent. Partition took place in two phases, i.e. the transfer of legal titles to territory from the African transferor to the European transferee wherein the ruler still played an active part, and then the absorption of territory by annexation. Effective occupation by the Europeans usually came much later than the acquisition of legal title.

Doctrinal Aspects of the Universality of the Law of Nations (1961)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
European Community ◽  
Early Nineteenth Century ◽  
Long Run ◽  
Law Of Nations ◽  
Late Eighteenth ◽  
Natural Conception ◽  
The Law

The process of European consolidation can be traced back to the second half of the eighteenth century when some classic writers on the law of nations first conceived or pronounced the existence of a legally ‘organized’ European community of States. This regional conception has been contrasted with that of the universal and natural conception of the law of nations which found itself in juxtaposition with new trends, and the ensuing conflict between them raised the question of whether the positivist European reality was reconcilable with the idea of the universalism of the law of nations. Various answers have been offered to this question and some of the leading classical writers showed comparatively less understanding of its solution in the long run than some of the lesser-known writers. This chapter recalls their views and compares them with those expressed in the well-known treatises of the late eighteenth- and early nineteenth-century positivists.

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