International Society and International Law

1921 ◽  
Vol 15 (3) ◽  
pp. 361-374 ◽  
Author(s):  
Jesse S. Reeves

In a reeent work entitled The Psychology of Nations we are told that “International Law must be made intelligible to very young minds, and now that we are to have an international seat of congresses and courts, the interest must be made in its existence to give reality to the idea of internationalism.” This admonition by a psychologist is illustrative of a widespread attitude toward international law; that it is a matter readily understood, for which there need be no specialized training, everyone being competent to pass judgment upon any subject about which international law is supposed to be concerned.

1930 ◽  
Vol 24 (2) ◽  
pp. 228-240 ◽  
Author(s):  
Manley O. Hudson

The first thirty years of the nineteenth century saw the beginnings of a great revolution in transportation and communication. Improvements were introduced which in time greatly changed the daily lives of people throughout the world, and made it possible for their efforts to reach out as never before in human history. The change was nowhere more significant than in its effect on international society. A century ago, the railroad, the steamship and the telegraph so extended the range of human action that national organization ceased to correspond with the activities of many peoples, and the state system upon which the nineteenth century dawned was greatly modified by the progress made in international organization before the century had passed. Certainly no period up to that time had produced such changes as those which began in the decades between 1800 and 1830.


2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.


Author(s):  
Amy Strecker

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.


1970 ◽  
Vol 64 (2) ◽  
pp. 324-343
Author(s):  
Richard W. Edwards

At the direction of the Executive Council of the American Society of International Law, a questionnaire survey of the membership was made in the Spring of 1969. This report summarizes the information and data received in 2,492 questionnaires returned. Over 55% of the Society’s members responded to the survey.


1964 ◽  
Vol 58 (4) ◽  
pp. 881-913 ◽  
Author(s):  
Chittharanjan F. Amerasinghe

It has not been established with sufficient clarity and certainty whether a state commits a breach of international law by breaking a contract made by it with an alien. The question needs an answer. It is not one of an entirely theoretical nature. On the answer to it will depend many important consequences. There are four of special significance. First, if the breach of contract is characterized as a breach of international law, the final arbiter of the question whether there had been a breach of contract and of the extent of that breach would be an international court whether as a court of last resort or otherwise. This is the natural consequence of the fact that it is the organs of enforcement of international society that have the power of finally determining questions relating to the breach of legal norms belonging to that society. Municipal courts would not have the final decision. Secondly, the norms applicable by an international court in making such a decision would be the norms of international law and not necessarily the rules of a municipal system of law. International rules should, of course, be applied in determining whether there has been a breach of international law. Thirdly, questions of evidence and procedure relating to the contract would be governed by international law.


2018 ◽  
Vol 60 (1) ◽  
pp. 423-449
Author(s):  
Wiebke Staff

Despite the rather non-legal nature of most classic utopias, law, and also international law, plays a major role in Philip Allott’s work, including ‘Eutopia’. Law not only frames any society, but it can also be the means of changing a society and thus be used as a vehicle on the road from Istopia to Eutopia. In international law, the generally more foundational nature of customary international law (despite the many ongoing uncertainties as to several of its characteristics) as opposed to treaty law allows for the former to be a more convenient vehicle: It is more open to normative considerations and changes, it is more susceptible to influences from actors other than States and maybe even to legislators other than States, and, if need be, it can develop in amazingly short timeframes. Therefore we, the members of the international society, should focus our attention on customary international law and find ways how to steer it safely towards Eutopia.


Author(s):  
Gerry Simpson

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being and speaking that might help us consummate that longing. This book treats international law as an experience, a language and an aspiration. It is the culmination of a decade of thinking about the practice of international lawyering (in classrooms, at conferences, in treaty negotiation) and the modes of thinking and being that naturalise that practice. In particular, it asks both how we might engage in a professional practice that has become, to adapt a title of Janet Malcolm’s, not just impossible but also difficult; and whether we might be disabled by the governing idioms of international lawyering and, then, importantly, re-enabled, by speaking different sorts of international law or by speaking international law in different sorts of ways. It tries to answer that question by making the effort to discern or, better still, to bring to the surface international law’s hidden literary prose or its redemptive enclaves, and it does so in a series of chapters on international law’s bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners, and then, finally in a chapter in which international law is re-envisioned through the practice of gardening. All of this done in the hope of offering a contribution to the project of making international law, again, a compelling language for our times.


Author(s):  
Sam Klug

Abstract This article charts how African American appeals to international law shifted away from a politics of petition to a politics of sovereignty with the growing influence of postcolonial states in international society and the UN’s recognition of a right to self-determination. Whereas earlier efforts by African-descended peoples in the Americas to gain a hearing before international bodies often required pushing the boundaries of international legal personality to include entities other than states, in the late 1960s and early 1970s a black nationalist group called the Republic of New Afrika (RNA) pursued international subjectivity in its traditional and fullest form: as a sovereign state. Examining the writings of RNA leaders, especially Imari Obadele, this article explores how the group’s claims for territory, reparations, and international subjectivity relied on international legal discourse about plebiscites, self-determination, and national development.


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