National Attitudes on the Far Eastern Controversy

1933 ◽  
Vol 27 (4) ◽  
pp. 555-576 ◽  
Author(s):  
James T. Russell ◽  
Quincy Wright
Keyword(s):  
Political Parties ◽  
International Relations ◽  
International Law ◽  
Constitutional Law ◽  
History Of ◽  
Prediction And Control ◽  
National Attitudes ◽  
And Control ◽  
Far Eastern ◽  
External Behavior

Students of international relations are concerned with the description, prediction, and control of the external behavior of states, particularly of their more violent types of behavior such as intervention, hostilities, and war. It is clear that mere description of a diplomatic or military event has little meaning by itself and that such an event can neither be predicted nor controlled unless account is taken of the circumstances which preceded it within each of the states involved. Among the internal circumstances which have been studied are the correspondence of statesmen, the declarations of legislatures, executives, foreign offices, and political parties, the prescriptions of constitutional law and procedure, the traditional policies manifested by the history of the state, and the understandings of treaty and international law accepted by the community of nations at the time and presumably by the states involved.

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 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.

Canada's Two Solitudes: Constitutional and International Law in Reference re Secession of Quebec

1999 ◽  
Vol 6 (1-2) ◽  
pp. 65-95 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Prime Minister ◽  
French Language ◽  
Supreme Court Of Canada ◽  
Pierre Trudeau ◽  
The Past ◽  
French And English ◽  
History Of ◽  
Varied Range

AbstractThis article begins by examining two different perspectives on the accommodation of Quebec and the French fact in Canada. The first, exemplified by Canadian Prime Minister Pierre Trudeau, emphasised equality of the French and English languages across Canada. The second approach, adopted by Trudeau's contemporary René Lévesque, Prime Minister of Quebec, focused on the province of Quebec, and the state of the French language there. The second part of the article recounts the history of Quebec in Canada, emphasising throughout the varied range of legal and political accommodation that has occurred over the years. This section concludes with a brief description of the constitutional falling out between Quebec and Canada which has occurred over the past twenty or so years. The article concludes with a detailed analysis of the recent Supreme Court of Canada decision in Reference re Secession of Quebec. This case is especially important for the way in which it mixes cons iderations of international law and domestic constitutional law. The author concludes by asserting that the survival and strength of the French fact in Canada is dependent upon a strong Quebec; and that a strong Quebec must show corresponding respect and recognition for its own minorities: aboriginal, anglophone and other.

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.

scholarly journals Pacifismo jurídico = Legal pacifism

2019 ◽  
pp. 220
Author(s):  
José Antonio García Sáez
Keyword(s):  
International Relations ◽  
International Law ◽  
International Institutions ◽  
International Order ◽  
War And Peace ◽  
Central Division ◽  
Sustainable Peace ◽  
Palabras Clave ◽  
History Of ◽  
Outlawry Of War

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.

International Law and International Relations

2018 ◽  
Author(s):  
Robert J. Beck
Keyword(s):  
International Relations ◽  
International Law ◽  
Multinational Corporations ◽  
Criminal Court ◽  
European Court ◽  
Power And Control ◽  
Private Citizens ◽  
National Jurisdiction ◽  
Distribution Of Power ◽  
And Control

International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.

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