Some Questions of International Law in the European War

1915 ◽  
Vol 9 (1) ◽  
pp. 72-86 ◽  

The invasion by German troops of the territories of Belgium and Luxemburg and the occupation by Japanese troops of Chinese territory to facilitate their attack upon the German forces at Kaio-Chau have raised one of the most fundamental questions of international law, namely, under what circumstances, if any, is a belligerent justified in violating the territory of a neutral for the purpose of prosecuting his military operations against the enemy. The German and Japanese offenses differ somewhat because in the one case the neutrality of the violated territory had been guaranteed by a special convention of long standing to which the violating belligerent was himself a party; in the other case the neutrality of the violated territory, although protected by a long established rule of international law, as well as by one of the Hague conventions, had not been made the subject of a special and solemn guarantee by a group of Powers. This fact, together with other circumstances, places the two acts upon a different moral if not a different legal footing.

Author(s):  
Ward Thomas

International law and armed conflict have a rather contentious history together. One the one hand, armed conflict implies and absence of law, and yet, on the other, international law plays an important role in codifying the use of force. The UN Charter’s restrictions on the use of force, drafted in the waning days of a second cataclysmic world war, were intended to radically transform the centuries-old ideology of raison d’état, which viewed war as a sovereign prerogative. More precisely, Article 2(4) of the Charter forbids not just war but force of any kind, or even the threat of it. On its face, the Charter system is a model of simplicity, consisting of a clear prohibition and two exceptions to that prohibition. The apparent simplicity is misleading, however. Article 2(4) is violated so often that experts disagree about whether it should even be considered good law. The Chapter VII enforcement exception is rarely used, and the meaning of self-defense under Article 51 is the subject of contentious disagreement. Moreover, even some UN bodies have supported creating another exception (humanitarian intervention) that coexists uneasily with the organization’s foundational principles. In addition, there is yet another exception (the use of force by national liberation movements) that may be as significant as the others, yet is little discussed by contemporary commentators.


2007 ◽  
Vol 20 (1) ◽  
pp. 25-64 ◽  
Author(s):  
JANNE E. NIJMAN

The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both the individual and the (so central to international law) collective subject. On the other hand, our attempt at reconceptualization has a clear normative aspect. Reconstructing (international) legal personality on the basis of anthropology and ethics as an inextricable part of the identity of a person results in a conception of (international) law as justice. And this means that international legal personality reconceptualized along the lines suggested in this paper functions to develop just international institutions and just international law.


1966 ◽  
Vol 6 (68) ◽  
pp. 567-581 ◽  
Author(s):  
Jean Pictet

The word “neuter” comes from the Latin ne-uter, which means, neither the one, nor the other. Neutrality is an essentially neutral notion. It qualifies above all the abstention of someone who remains outside a conflict who does not openly express an opinion of either side.In international law, neutrality is the opposite of belligerency. It is the position adopted, in relation to two Powers at war, by a State not taking part in the struggle. The status of neutrality regulated by juridical rules and in particular by the Hague Conventions involves rights and duties. In short, it implies refraining from taking part officially, either directly or indirectly, in hostilities. In the first place, therefore, it is a concept of an essentially military character. However, as a result of a recent evolution in events and thought, some people tend to think that neutrality should also have effect in the economic sphere, in view of its importance today in the war potential of countries.


Author(s):  
Tomasz Tulejski

The theoretical reflection formulated in the neo-scholastic School of Salamanca has been regarded as the source of the contemporary concept of international relations: going beyond the paradigm of the time – determined, on the one hand, by the idea of the holy war and, on the other, by the doctrine of the just war – the Salamanca scholars laid down foundations for the edifice of modern international law. In this article the author argues that similar ideas preceding the reflection of the school of Salamanca, and often going even further, had appeared a hundred years earlier in the Cracow Academia in the context of a dispute between the Kingdom of Poland and the Teutonic Order. The culmination of this dispute was the Council of Constance. The Polish argument after the battle of Grunwald was based on law, and its unique feature was the return to the universalistic (Augustinian) nature of the just war. What is the most important element in Augustinian theology of war is Christianity’s universalism and recognition of moral equality of those engaged in military operations.


2010 ◽  
Vol 4 (2) ◽  
pp. 135-156 ◽  
Author(s):  
Dorothea E. Schulz

Starting with the controversial esoteric employment of audio recordings by followers of the charismatic Muslim preacher Sharif Haidara in Mali, the article explores the dynamics emerging at the interface of different technologies and techniques employed by those engaging the realm of the Divine. I focus attention on the “border zone” between, on the one hand, techniques for appropriating scriptures based on long-standing religious conventions, and, on the other, audio recording technologies, whose adoption not yet established authoritative and standardized forms of practice, thereby generating insecurities and becoming the subject of heated debate. I argue that “recyclage” aptly describes the dynamics of this “border zone” because it captures the ways conventional techniques of accessing the Divine are reassessed and reemployed, by integrating new materials and rituals. Historically, appropriations of the Qur’an for esoteric purposes have been widespread in Muslim West Africa. These esoteric appropriations are at the basis of the considerable continuities, overlaps and crossovers, between scripture-related esoteric practices on one side, and the treatment by Sharif Haidara’s followers of audio taped sermons as vessels of his spiritual power, on the other.


Author(s):  
Iryna Rusnak

The author of the article analyses the problem of the female emancipation in the little-known feuilleton “Amazonia: A Very Inept Story” (1924) by Mykola Chirsky. The author determines the genre affiliation of the work and examines its compositional structure. Three parts are distinguished in the architectonics of associative feuilleton: associative conception; deployment of a “small” topic; conclusion. The author of the article clarifies the role of intertextual elements and the method of constantly switching the tone from serious to comic to reveal the thematic direction of the work. Mykola Chirsky’s interest in the problem of female emancipation is corresponded to the general mood of the era. The subject of ridicule in provocative feuilleton is the woman’s radical metamorphoses, since repulsive manifestations of emancipation becomes commonplace. At the same time, the writer shows respect for the woman, appreciates her femininity, internal and external beauty, personality. He associates the positive in women with the functions of a faithful wife, a caring mother, and a skilled housewife. In feuilleton, the writer does not bypass the problem of the modern man role in a family, but analyses the value and moral and ethical guidelines of his character. The husband’s bad habits receive a caricatured interpretation in the strange behaviour of relatives. On the one hand, the writer does not perceive the extremes brought by female emancipation, and on the other, he mercilessly criticises the male “virtues” of contemporaries far from the standard. The artistic heritage of Mykola Chirsky remains little studied. The urgent task of modern literary studies is the introduction of Mykola Chirsky’s unknown works into the scientific circulation and their thorough scientific understanding.


Author(s):  
Daiva Milinkevičiūtė

The Age of Enlightenment is defined as the period when the universal ideas of progress, deism, humanism, naturalism and others were materialized and became a golden age for freemasons. It is wrong to assume that old and conservative Christian ideas were rejected. Conversely, freemasons put them into new general shapes and expressed them with the help of symbols in their daily routine. Symbols of freemasons had close ties with the past and gave them, on the one hand, a visible instrument, such as rituals and ideas to sense the transcendental, and on the other, intense gnostic aspirations. Freemasons put in a great amount of effort to improve themselves and to create their identity with the help of myths and symbols. It traces its origins to the biblical builders of King Solomon’s Temple, the posterity of the Templar Knights, and associations of the medieval craft guilds, which were also symbolical and became their link not only to each other but also to the secular world. In this work we analysed codified masonic symbols used in their rituals. The subject of our research is the universal Masonic idea and its aspects through the symbols in the daily life of the freemasons in Vilnius. Thanks to freemasons’ signets, we could find continuity, reception, and transformation of universal masonic ideas in the Lithuanian freemasonry and national characteristics of lodges. Taking everything into account, our article shows how the universal idea of freemasonry spread among Lithuanian freemasonry, and which forms and meanings it incorporated in its symbols. The objective of this research is to find a universal Masonic idea throughout their visual and oral symbols and see its impact on the daily life of the masons in Vilnius. Keywords: Freemasonry, Bible, lodge, symbols, rituals, freemasons’ signets.


2018 ◽  
Vol 134 (4) ◽  
pp. 1154-1176
Author(s):  
Alice Bodoc ◽  
Mihaela Gheorghe

Abstract The present paper aims to present an inventory of Romanian middle contructions (se‑verbal constructions), and to extend the analysis to other structures (with or without se) that were not previously investigated, but exhibit the same characteristics, and seem to allow middle reading (adjunct middles). Since Jespersen (1927), middles were attested cross-linguistically, and the focus on middles is justified if we consider the fact that this is an interesting testing ground for theories of syntax, semantics and their interaction (Fagan 1992). Starting from Grahek’s definition (2008, 44), in this paper, middles are a heterogeneous class of constructions that share formal properties of both active and passive structures: on the one hand, they have active verb forms, but, on the other hand, like passives, they have understood subjects and normally display promoted objects. The corpus analysis will focus on the particular contexts in which the middle reading is triggered: i) the adverbial modification; ii) the modal/procedural interpretation of the event; iii) the responsibility of the subject; iv) the arbitrary interpretation of the implicit argument which follows from the generic interpretation (Steinbach 2002).


1981 ◽  
Vol 17 ◽  
pp. 149-166 ◽  
Author(s):  
Philip M. J. McNair

Between the execution of Gerolamo Savonarola at Florence in May 1498 and the execution of Giordano Bruno at Rome in February 1600, western Christendom was convulsed by the protestant reformation, and the subject of this paper is the effect that that revolution had on the Italy that nourished and martyred those two unique yet representative men: unique in the power and complexity of their personalities, representative because the one sums up the medieval world with all its strengths and weaknesses while the other heralds the questing and questioning modern world in which we live.


2014 ◽  
Vol 107 (3) ◽  
pp. 363-398
Author(s):  
James Carleton Paget

Albert Schweitzer's engagement with Judaism, and with the Jewish community more generally, has never been the subject of substantive discussion. On the one hand this is not surprising—Schweitzer wrote little about Judaism or the Jews during his long life, or at least very little that was devoted principally to those subjects. On the other hand, the lack of a study might be thought odd—Schweitzer's work as a New Testament scholar in particular is taken up to a significant degree with presenting a picture of Jesus, of the earliest Christian communities, and of Paul, and his scholarship emphasizes the need to see these topics against the background of a specific set of Jewish assumptions. It is also noteworthy because Schweitzer married a baptized Jew, whose father's academic career had been disadvantaged because he was a Jew. Moreover, Schweitzer lived at a catastrophic time in the history of the Jews, a time that directly affected his wife's family and others known to him. The extent to which this personal contact with Jews and with Judaism influenced Schweitzer either in his writings on Judaism or in his life will in part be the subject of this article.


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