scholarly journals Naval Warfare: Law and License

1916 ◽  
Vol 10 (1) ◽  
pp. 42-52
Author(s):  
T. Baty
Keyword(s):  
Continuous Series ◽  
Naval Warfare ◽  
Law Of Nations ◽  
The Law ◽  
Academic Argument

If any one having an elementary acquaintance with the law of nations had been asked, twelve years ago, what were the rights of belligerents and neutrals in naval warfare, he would not have been at a loss for a reply. Subject to one or two minor points of unsettled detail, he would have been quite clear and certain as to the position. A continuous series of cases and textbooks made it plain. If some went further than others in claiming extended neutral immunities, that was a point of academic argument which was perhaps of interest, but of no particular importance, except as showing that the trend of thought was on the whole unfavorable to the belligerent.

Orders in Council and the Law of the Sea

1922 ◽  
Vol 16 (3) ◽  
pp. 400-419
Author(s):  
Gordon E Sherman
Keyword(s):  
International Law ◽  
French Revolution ◽  
Law Of The Sea ◽  
Great War ◽  
Naval Warfare ◽  
Intended Action ◽  
Law Of Nations ◽  
First Empire ◽  
The Law ◽  
The Great War

In a maritime war the formal announcements of national executives concerning principles of intended action possess an interest frequently transcending the occasion calling them into being since they may originate important modifications in the imprescriptible system of the law of nations and thus become touched with that universality of which the sea itself offers so constant and striking a suggestion. In the conflicts of the French revolution and the First Empire, as well as in the great war of our own day, we find produced on the part of the opposing governments a series of declarations (orders in council, arrêts) which have a permanent interest for the student of international law since they practically extend over the whole field of naval warfare and reach every aspect of belligerent action upon the high seas, while they may also become a cause oftentimes of strained relations between belligerent and neutral Powers arising through widely varying views touching the application of prize law to marine captures.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Israel and Palestine: Assault on the Law of Nations

1982 ◽  
Vol 91 (8) ◽  
pp. 1726 ◽  
Author(s):  
Anthony D'Amato ◽  
Julius Stone
Keyword(s):  
Law Of Nations ◽  
The Law

Judge Bork’s Concept of the Law of Nations is Seriously Mistaken

1985 ◽  
Vol 79 (1) ◽  
pp. 92-105
Author(s):  
Anthony D’Amato
Keyword(s):  
District Of Columbia ◽  
Palestine Liberation Organization ◽  
Tel Aviv ◽  
Court Of Appeals ◽  
Law Of Nations ◽  
Considerable Controversy ◽  
The Law

A recent decision of the Court of Appeals for the District of Columbia Circuit, Tel-Oren v. Libyan Arab Republic, is sparking considerable controversy and will undoubtedly be examined at length in law journals. The events in issue occurred March 8, 1978, when 13 heavily armed members of the Palestine Liberation Organization left Lebanon for Israel under instructions to seize and hold Israeli civilians in ransom for the release of PLO members incarcerated in Israel. On the main highway between Haifa and Tel Aviv, they stopped and seized a civilian bus, a taxi, a passing car, and later a second civilian bus, taking the passengers hostage. While proceeding toward Tel Aviv with their hostages gathered in the first bus, the terrorists fired on and killed numerous occupants of passing cars as well as some of their own passengers. They also tortured some of their hostages. At a shoot-out with the police at a police barricade, the terrorists shot more of their hostages and then blew up the bus with grenades. As a result of the terrorists’ actions, 22 adults and 12 children were killed, and 63 adults and 14 children were seriously wounded.

A Selection of Cases and Other Readings on the Law of Nations

1930 ◽  
Vol 43 (8) ◽  
pp. 1325
Author(s):  
Manley O. Hudson ◽  
Edwin DeWitt Dickinson
Keyword(s):  
Law Of Nations ◽  
The Law ◽  
Selection Of

Diálogos militares by Diego García de Palacio: The first American work on the law of nations

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa
Keyword(s):  
United States ◽  
Civil War ◽  
Code Of Conduct ◽  
The United States ◽  
Internal Conflict ◽  
Humanitarian Law ◽  
Law Of Nations ◽  
Simon Bolivar ◽  
The Law ◽  
The Government

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.

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