Some Questions of International Law in the European War

1915 ◽  
Vol 9 (4) ◽  
pp. 818-857 ◽  
Author(s):  
James W. Garner
Keyword(s):  
International Law ◽  
Present Article ◽  
Armed Forces ◽  
British Government ◽  
The Right

International law allows a belligerent two means of preventing wholly or in part sea-borne commerce between his enemy and neutral states. These are: first, the right to seize and confiscate absolute contraband goods destined to enemy territory and conditional contraband intended for the use of the armed forces or government of the enemy state; and, second, the right to blockade the ports and coasts of the enemy and thereby to prevent commercial intercourse with him in all articles whether contraband or not. In the April number of this Journal (pp. 372–401) I discussed in the light of the rules of international law applicable thereto the measures that have been adopted by the British Government in respect to trade in contraband since the beginning of the present war. The present article will be devoted mainly to a consideration of the British order in council of March 11,1915, the purpose and effect of which was to establish a blockade of all commerce entering and leaving Germany.

Allegiance, Diplomatic Protection and Criminal Jurisdiction Over Aliens

1947 ◽  
Vol 9 (3) ◽  
pp. 330-348 ◽  
Author(s):  
H. Lauterpacht
Keyword(s):  
International Law ◽  
Present Article ◽  
Criminal Law ◽  
Constitutional Law ◽  
Point Of View ◽  
Considerable Importance ◽  
Criminal Jurisdiction ◽  
Diplomatic Protection ◽  
The Right

The cause célèbre of King v. William Joyce, subsequently reported as Joyce v. Director of Public Prosecutions, was concerned to a large extent with matters of interest for international law, and it is mainly from this point of view that it is proposed to discuss it in the present article. Obviously the case is also of considerable importance both for criminal law, in so far as it is concerned with the crime of treason, and for constitutional law inasmuch as it bears directly on the question of the nature and the obligations of allegiance. However, it is probable that the case books which will claim it most insistently will be those of international law. For the decision in Rex v. Joyce is not only an authority on certain aspects of allegiance owed by aliens and of the right of a State to assume jurisdiction over acts committed by aliens abroad. It sheds light on such questions as the nature of diplomatic protection of citizens, the right of a State to protect diplomatically persons who are not its citizens, the obligation of allegiance of so-called protected persons, and some others. Not all these questions were judicially answered, but they loomed large in argument and imparted to the proceedings the complexion of a case concerned predominantly with international law. In view of this it may be pertinent to preface this article by drawing attention to a point which appears to be a mere matter of terminology but which, it is believed, raises an issue of wider significance.

The Oxford Handbook of International Law in Armed Conflict

2014 ◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Forced Migration ◽  
Armed Forces ◽  
Cultural Property ◽  
Historical Background ◽  
The Law ◽  
The Right

TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.

Liberation and Resistance Movements

2019 ◽  
Author(s):  
Martin Wählisch
Keyword(s):  
International Law ◽  
Civil Disobedience ◽  
Armed Forces ◽  
Legal Aspects ◽  
African National Congress ◽  
Self Determination ◽  
Humanitarian Law ◽  
Palestine Liberation Organization ◽  
Liberation Movements ◽  
The Right

The phenomenon of resistance and liberation movements has occurred throughout history and remains current. Wars of independence and attempts of those range back centuries, including prominent examples such as the American Revolutionary War (1775–1783), the Irish War of Independence (1919–1921), the Kosovo War (1996–1999), the Second Sudanese Civil War (1983–2005), and many others. The struggle of the African National Congress (ANC) against the apartheid regime, the efforts of the Palestine Liberation Organization (PLO) to “liberate Palestine,” the demand of the Kurdistan Workers’ Party (PKK) for Kurdish autonomy, and the actions of the armed guerrillas of the Revolutionary Armed Forces of Colombia (FARC) are just some of the widely known cases of resistance and liberation movements. The Arab uprisings in late 2010 and 2011 that spread from Tunisia to Egypt, Yemen, Syria, and other countries in the region are recent examples of civil resistance. The definition of civil or national resistance, liberation, and separatist or independence movements is fluid. Scholars have suggested different classifications and terminology nomenclatures with the common emphasis on sociopolitical interests, namely freedom from oppression, enhanced political or cultural autonomy, or full-fledged independence. Theories on nationalist populism, public armed violence, ethnic identity, and collective mobilization are part of the topic’s thematic social science periphery. In public international law, the concept of resistance and liberation movements is explicitly mentioned in international humanitarian law with references in the Geneva Conventions and their Additional Protocols. Overall, international law provides the right to resistance and liberation based on the right of self-determination, but the scope and conditions are disputed apart from general parameters. A point of tension in relation to the right to self-determination results from the principles of state sovereignty and territorial integrity, which pose limitations for national liberation and resistance struggles. Differentiating civil disobedience from armed resistance, clarifying legal justifications for secessionist movements, unpacking the freedom fighter versus terrorism dichotomy, being aware of legal rules for counterinsurgencies, and the application of humanitarian law are other critical legal aspects to consider in this context.

Doing the Right Thing for the Right Reason – Why Dynamic or Static Approaches Should be Taken in the Interpretation of Treaties

2008 ◽  
Vol 10 (2) ◽  
pp. 109-141 ◽  
Author(s):  
Ulf Linderfalk
Keyword(s):  
International Law ◽  
Present Article ◽  
Aegean Sea ◽  
Vienna Convention ◽  
Legal Doctrine ◽  
International Court Of Justice ◽  
International Court ◽  
Right Reason ◽  
The One ◽  
The Right

AbstractIn the interpretation of treaties, according to Article 31 of the 1969 Vienna Convention, interpreters shall pay primary regard to conventional language and to "relevant rules of international law applicable in the relations between the parties". Applying this provision, it is obvious that interpreters will sometimes face questions of an inter-temporal nature. What law or what language should be brought to bear on the interpretation process, exactly? The one that existed when the interpreted treaty was concluded? Or the one that exists at the time of interpretation? Over the last 30 years, international law doctrine has increasingly come to favour a rather lax approach to this issue. As the prevailing theory contends, different choices should be made depending on the particular treaty interpreted. The present article inquires into the reasons justifying this theory. As argued extensively, although there are certainly good reasons to agree with what the current legal doctrine contends, those good reasons are not the ones commonly invoked: the doctrine of inter-temporal law, as expressed in the Island of Palmas Arbitration, and the two decisions of the International Court of Justice in Namibia and the Aegean Sea Continental Shelf Delimitation, respectively. The supportive reasons lie elsewhere. As argued in the present article, it is imperative that international lawyers come to understand this; particularly if we consider it important that all inter-temporal problems – including those obviously foreseen in the international law literature – are resolved consistently.

International legal status of child soldiers as participants in armed conflicts

2021 ◽  
pp. 137
Author(s):  
Sergey E. Smirnykh
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Legal Status ◽  
Armed Forces ◽  
Child Soldiers ◽  
Armed Conflicts ◽  
Strict Compliance ◽  
Alternative Sources ◽  
The Right

The article deals with the international legal status of child soldiers as one of the gaps in International Law. It is noted that in a number of cases children are forced to participate in armed conflicts due to the use of violence against them. The voluntary recruitment of children into the armed forces is also possible due to the fact that they see no alternative sources of subsistence other than participation in wars. International Law was the basic and universal guarantee of the rights of children in armed conflicts. The most important guarantee of children's rights in armed conflicts is International Law. Individual states and their officials cannot fully guarantee the rights of children, as they are entitled to act within the framework of national legislation. Cooperation among states on the basis of the Charter of the United Nations can guarantee the exercise and protection of the rights of children in armed conflicts. One of the important guarantees for the protection of children's rights during armed conflicts must be the right to peace, which implies strict compliance by states with the prohibition of war in international relations.

scholarly journals Mexico’s Ratification of ILO Convention Number 98 and the Future of Protection Contracts

2019 ◽  
Vol 12 (1) ◽  
pp. 157
Author(s):  
Stanley Gacek
Keyword(s):  
International Law ◽  
Child Labor ◽  
Armed Forces ◽  
Forced Labor ◽  
Freedom Of Association ◽  
Public Servants ◽  
The Future ◽  
Minimum Age ◽  
Discrimination In Employment ◽  
The Right

This note reviews and analyzes the impacts of Mexico’s September 2018 ratification of International Labour Organization (ILO) Convention 98 on the right to organize and collective bargaining. Specifically, it focuses on what Mexico’s ratification of the instrument means for the future of the pro-tection contract system in terms of international law. Mexico’s ratification of Convention 98 closes the doctrinal gap on protection contracts which was left by Convention 87, on freedom of association. Although Convention 98 does not cover the armed forces, the police, and public servants employed in state administration, according to international law, its ratification should invalidate much of the Mexican protection contract regime. Convention 98 is not self-enforcing, but ratification of the instrument subjects Mexico to the full scrutiny of the ILO’s supervisory system regarding compliance with norms. Moreover, Mexico’s domestic jurisprudence governing compliance with ratified international human rights treaties bodes well for effective judicial enforcement of the convention. With the ratification of Conventions 87 and 98, international law mandates the implementation of an authentically democratic labor relations system in Mexico. With the additional ratifications of Convention 29 on forced labor, Convention 100 on equal remuneration, Convention 105 on the abolition of forced labor, Convention 111 on discrimination in employment and occupation, Convention 138 on the minimum age for work, and Convention 182 on the worst forms of child labor, Mexico is bound by international law to comply with all globally recognized core labor standards.

Members of the Armed Forces and Human Rights Law

2014 ◽  
Author(s):  
Peter Rowe
Keyword(s):  
Human Rights ◽  
International Law ◽  
Military Service ◽  
Armed Conflict ◽  
Armed Forces ◽  
Human Rights Law ◽  
Complex Issue ◽  
The Right ◽  
The Relationship

The national law of individual states is generally clear as to the criteria for defining which entities make up the armed forces, as well as who is entitled to be a member of the armed forces. Whether a state is bound by its human rights obligations while taking part in an international armed conflict outside its own territory, is a complex issue. This chapter examines the term ‘armed forces’, who are entitled to be called members of the armed forces, a state’s national law in relation to its international law obligations, and the role of human rights law from the standpoint of members of the armed forces and others who take an active part in an armed conflict. It also discusses the relationship between peacekeeping and human rights, the role of the United Nations, why members of the armed forces commit human rights violations, the human rights of soldiers, and the right to conscientious objection to military service.

THE KENYAN ASIANS, BRITISH POLITICS, AND THE COMMONWEALTH IMMIGRANTS ACT, 1968

1999 ◽  
Vol 42 (3) ◽  
pp. 809-834 ◽  
Author(s):  
RANDALL HANSEN
Keyword(s):  
International Law ◽  
Conservative Party ◽  
Labour Party ◽  
British Politics ◽  
British Government ◽  
Conservative Government ◽  
The Social ◽  
The Uk ◽  
The Right ◽  
Social Conservatism

The article examines the 1966–70 Labour government's decision to withdraw the right of entry from Asians with British passports who were driven out of Kenya by its ‘Africanization’ policies. It examines the decision within the context of three issues: first, the existence and status of a pledge, allegedly made by Macmillan's last Conservative government, that the Asians' right to enter the UK would be respected; second, a decline in both major parties' commitment to the Commonwealth; and, third, competing ideological strains within the Labour party. The article concentrates on the first of these issues, focusing on an as-yet-unresolved debate between Duncan Sandys and Iain Macleod, both Conservative Colonial Secretaries. Macleod argued that a solemn pledge had been given to the Asians, while Sandys and the Conservative party adamantly denied the claim. In the light of new archival evidence, the article argues that the Asians' exemption from immigration controls, which had been applied to the whole of the Commonwealth, did not result from an explicit commitment by the British government; it was rather the unintended result of the mechanism chosen to restrict Commonwealth immigration in 1962. It was a consequence, however, that was recognized by civil servants at the time of the passage of the Commonwealth Immigrants Act in 1962, and accepted by key figures in the British cabinet, including Duncan Sandys himself. The position taken by Sandys and the majority of the Conservative party in 1968 was, behind the safety of the Official Secrets Act, a betrayal of commitments made and pledges given only a few years earlier. The article concludes by suggesting that the Kenyan Asians' crisis represented both a shift, in the two parties, away from previous commitments to the Commonwealth and, in the Labour party, the triumph of James Callaghan's strand of Labour ideology – nationalist, anti-intellectual, indifferent to arguments about international law and obligation, and firmly in touch with the social conservatism of middle- and working-class England.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Sign in / Sign up

Export Citation Format

Share Document