The Hellenic Crisis from the Point of View of Constitutional and International Law Part III

1918 ◽  
Vol 12 (2) ◽  
pp. 312-337
Author(s):  
Theodore P. Ion
Keyword(s):  
International Law ◽  
Point Of View ◽  
Satisfactory Solution ◽  
The Third ◽  
Public Property ◽  
Law Of Nations ◽  
Greek Government ◽  
The Government ◽  
The Military ◽  
Of Greece

The third part of the essay on the Hellenic Crisis, which has happily received a satisfactory solution, will deal with the incidents which are connected with the law of nations and inquire as to how far the European belligerents in their dealings with Greece, and the Greek Government in its relations with them, adhered to the tenets and usages of international law.The points to be here discussed are of a manifold character.First, it will be examined whether the serious charge made by the Entente Powers against Constantine, the ex-King of the Hellenes, that he violated the obligations arising out of the Treaty of Alliance between Greece and Serbia, by which the two states bound themselves to assist each other for the defense of their respective territories in case of attack by a third Power, and particularly by Bulgaria, is well founded according to the letter and spirit of the instrument of alliance.Secondly, whether the military occupation of portions of the territory of the Hellenic Kingdom by both sets of belligerents, the seizure of its war material and other public property, and particularly the coercive measures employed by the Entente Powers against the Government and people of Greece and their forcible intervention in the internal affairs of that country, can be justified either by reason of treaty stipulations or on account of the unneutral conduct of the then King and his government towards the Entente Allies. The first point to be examined is the obligation arising out of the treaty of alliance between Greece and Serbia.

The Hellenic Crisis from the Point of View of Constitutional and International Law

1918 ◽  
Vol 12 (3) ◽  
pp. 562-588
Author(s):  
Theodore P. Ion
Keyword(s):  
International Law ◽  
Aegean Sea ◽  
Point Of View ◽  
The Other ◽  
Safe Harbor ◽  
Military Operations ◽  
Form Part ◽  
The Government ◽  
The Military ◽  
Of Greece

Having examined the question of the casus foederìs of the Treaty of Alliance between Greece and Serbia, we shall now inquire whether the use of Greek territory by the Entente Powers for the purpose of carrying on military and naval operations against their enemies and the other forcible measures resorted to against Greece were justified either by reason of rights resulting from treaties, or on account of unneutral acts or omissions of the Government of Constantine.Before discussing the points at issue, it will be necessary to summarize seriatim the facts connected with each.It should be remembered that from the very beginning of the present war the Entente Powers have utilized the territorial waters of some islands in the Ægean Sea which were either under the military occupation of Greece or form part of her territory, and which the Allies subsequently occupied in order to further their military enterprises against Turkey. Thus, during the autumn of the year 1914, shortly after the entrance (November 5th) of the latter Power into the war as an ally of Germany and Austria, the fleets of the Entente Powers utilized the harbors and territory of some of the islands in the vicinity of the Straits of the Dardanelles as bases for their naval and, subsequently, military operations. The islands thus used for the prosecution of the war were Tenedos, Imbros, and Lemnos, and particularly the latter, on account of its convenient and safe harbor.

The Hellenic Crisis from the Point of View of Constitutional and International Law

1918 ◽  
Vol 12 (4) ◽  
pp. 796-812
Author(s):  
Theodore P. Ion
Keyword(s):  
Great Britain ◽  
International Law ◽  
Greek Tragedy ◽  
Point Of View ◽  
World War ◽  
Greek Government ◽  
The City ◽  
Of Greece

We now come to the last part of what one might call the Greek tragedy, which was played in Hellas during the first three years of this world war with such marvelous success under Teutonic guidance. The events of June, 1916, laid bare the whole plot, unmasked the royal actors at Athens, and compelled France and England, the protecting Powers of Greece, at last to take drastic measures.The surrender of the “key” to Eastern Macedonia (the Roupel fortress) by Constantine to the Germano-Bulgarian forces was rightly considered by the guardians of Greece as a hostile act directed against them, demanding the adoption of appropriate measures for the security of their armies on the Balkan front. Their first measure to this end was the substitution of Allied authorities for those of Greece in the city of Salonika. The second was the refusal by Great Britain to supply coal to Greek ships. The three Entente Powers had previously warned the Greek Government that if it allowed the armies of their enemies to advance freely into Greek territory, such action would lead to serious consequences. Therefore, the Royal Government of Greece, fearing lest the Allies institute repressive measures of a more drastic character, informed the Entente Governments that the further advance of the Bulgarian troops into Greek territory would be prevented.

Charops and Roman Policy in Epirus

1945 ◽  
Vol 35 (1-2) ◽  
pp. 58-64 ◽  
Author(s):  
H. H. Scullard
Keyword(s):  
Point Of View ◽  
Territorial Aggression ◽  
The Third ◽  
Individual Point ◽  
The Difference ◽  
Of Greece

In the settlement of Greece after the Third Macedonian War Roman policy was at times moderate, at times harsh. On occasion the difference might represent only an individual point of view: thus the terms imposed upon Macedonia might seem generous to a Roman who contemplated the grant of ‘freedom’ to the Macedonians, the reduction of taxation and the absence of territorial aggression on Rome's part, while they might equally seem harsh to a Macedonian who felt that his sense of nationhood had been violated by Rome's creation of the four independent Republics. But towards Epirus Roman policy seems to have been marked by two successive stages, the first moderate, the second brutal. It is the purpose of this note to attempt to consider the causes which determined this change and to examine what influence the Epirote Charops exercised upon the measures which turned his country into a playground for Roman brutality and ultimately into an abomination of desolation.

scholarly journals Public and Private Ownership in the Iranian Constitution: Principle 44, A Barrier for Development

2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi
Keyword(s):  
Case Studies ◽  
Economic Impacts ◽  
Private Ownership ◽  
Public Ownership ◽  
Public And Private ◽  
The Third ◽  
Public Property ◽  
Legal Challenges ◽  
The Law ◽  
The Government

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.

scholarly journals UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

2016 ◽  
Vol 16 (2) ◽  
pp. 141 ◽  
Author(s):  
Łukasz Kułaga
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
International Terrorism ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Definition Of ◽  
The Right ◽  
The Military ◽  
Self Defence

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

scholarly journals Pelindungan Hukum terhadap Minuman Alkohol Tradisional Khas Indonesia (Legal Protection towards Indonesian Traditional Alcoholic Beverages)

2020 ◽  
Vol 11 (2) ◽  
pp. 267-287
Author(s):  
Cita Yustisia Serfiyani ◽  
Iswi Hariyani ◽  
Citi Rahmati Serfiyani
Keyword(s):  
Cultural Heritage ◽  
National Level ◽  
Legal Protection ◽  
Point Of View ◽  
Alcoholic Beverages ◽  
Comparative Approach ◽  
Normative Study ◽  
Public Property ◽  
The Government ◽  
Indication Of Origin

Traditional alcoholic beverages have existed in Indonesian culture and society for various purposes. Its existence has been influenced by the concoction of alcoholic beverages which adversely affects the traditional alcoholic beverages’ image. These beverages are actually Intellectual Property Rights, IPR-based products of cultural heritage with indications of origin that have characteristics so that they cannot be compared to other countries’ alcoholic beverages, even though current regulations still regulate the opposite. This paper examines the legal protection of Indonesian traditional alcoholic beverages which are also adapted to their characteristics and the influence of Indonesian legal culture on these traditional alcoholic beverages. This research is a normative study with statutory, conceptual, and comparative approach method with South Korea and France as a comparison. Prudent and objective legal protection from the point of view of IPR for traditional alcoholic beverages is expected to develop positive aspects while still anticipating negative ones. This study concludes that Indonesian traditional alcoholic beverages that fulfill 3 unique characteristics can be protected as intangible cultural heritage (public property) or an indication of origin (belongs to local communities), although what is more appropriate now is an indication of origin so that the Government needs to adjust the regulatory design, especially at the national level, according to the indication of origin. AbstrakMinuman alkohol tradisional telah ada di budaya masyarakat Indonesia dengan berbagai tujuan peruntukan. Perkembangan eksistensinya dipengaruhi oleh minuman beralkohol racikan yang memberi pengaruh buruk ke citra alkohol tradisional. Minuman alkohol tradisional sesungguhnya merupakan produk berbasis kekayaan intelektual di bidang warisan budaya dan indikasi asal yang memiliki karakteristik sehingga tidak dapat disamakan dengan minuman beralkohol lainnya, meskipun regulasi yang ada saat ini masih mengatur sebaliknya. Tulisan ini meneliti mengenai pelindungan hukum minuman alkohol tradisional khas Indonesia yang disesuaikan pula dengan karakteristiknya dan pengaruh budaya hukum masyarakat Indonesia terhadap minuman alkohol tradisional tersebut. Penelitian ini merupakan penelitian normatif dengan metode pendekatan perundang-undangan, pendekatan konseptual, serta pendekatan perbandingan dengan Korea Selatan dan Prancis. Pelindungan hukum yang bijak dan objektif dari sudut pandang Hak atas Kekayaan Intelektual (HKI) terhadap minuman alkohol tradisional diharapkan dapat mengembangkan aspek positif dengan tetap mengantisipasi aspek negatifnya. Penelitian ini menyimpulkan bahwa minuman alkohol tradisional khas Indonesia yang memenuhi 3 karakteristik khusus dapat dilindungi sebagai warisan budaya tak benda (milik publik) ataupun indikasi asal (milik masyarakat lokal) walaupun yang lebih tepat untuk diterapkan saat ini adalah indikasi asal sehingga Pemerintah perlu menyesuaikan perancangan regulasi di tingkat pusat sesuai indikasi asal.

Jawaharlal Nehru: Panchsheel and India's Constitutional Vision of International Order

1989 ◽  
Vol 45 (4) ◽  
pp. 301-323
Author(s):  
D.P. Verma
Keyword(s):  
International Relations ◽  
International Law ◽  
Prime Minister ◽  
World Order ◽  
International Order ◽  
The Third ◽  
Constituent Assembly ◽  
Moral Conduct ◽  
Law Of Nations ◽  
Jawaharlal Nehru

The law of nations was not concocted by ‘bookworms’, ‘jurists’ or ‘professors’, but was created and elaborated by the deeds of statesmen, diplomats, generals, and admirals.1 This statement of the celebrated English jurist, Professor Holland, appears very much true, when attention is given to the achievements of the first Prime Minister of India, Jawaharlal Nehru. Being a world statesman, he projected India's constitutional vision of international order, which reflects in the doctrine of Panchsheel, as five principles of peace. The aim of this paper is to study, in general, Nehru's contribution to the maintenance of peace, good neighbourliness and the idea of moral conduct in international relations. To keep this paper within limits, it is addressed to two objectives: First, a survey of the Constituent Assembly debates in order to provide an account of the thoughts of the framers of the Indian Constitution and to find out how far Nehru's ideas influenced the drafting of articles relating to India's international relations; and Second, an evaluation of the concept of Panchsheel that characterizes the development of International Law in Asia. It is also felt useful to take this opportunity to note Nehru's idea of peace and the Asian phase of his political thought. It will be concluded that Nehru's Panchsheel message reflected India's constitutional vision of world order, and it will be further submitted in respect of the doctrine that the contribution has, at least, at the normative level, strengthened the regime of the principles of International Law and peace. The paper is divided into four parts. The first part deals with Nehru's constitutional vision; the second discusses his idea of peace and the third analyses the doctrine. Finally, the fourth part is the conclusion.

scholarly journals Current issues of international law in regulating counter-insurgency and counter-terrorism

2014 ◽  
Vol 3 (2) ◽  
pp. 7-20 ◽  
Author(s):  
Mária Bordás
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Security ◽  
Legal Regulations ◽  
Counter Terrorism ◽  
Military Literature ◽  
The World ◽  
Practical Reality ◽  
The Government ◽  
The Military

The study sheds light on the current tendencies if the international law on warfare can successfully be applied in the practical reality in the progress of counterinsurgency and counterterrorism efforts. There have been two phenomena identified recently in the warfare which are endangering public security and public safety of the democratic states of the world: terrorism and insurgency. Both of them mean a threat and violation to the population and the government authorities. It has been queried in the military literature whether these new forms of warfare should be handled by military engagements or law enforcement. This is, nevertheless, not just a dilemma of the strategy how to combat against it, but should be, at the same time, in accordance with the international legal regulations, too

scholarly journals When and Why Java was Deliberated from the Slavery?

2017 ◽  
Vol 1 (1) ◽  
pp. 47-54
Author(s):  
Djoko Marihandono
Keyword(s):  
Natural Resources ◽  
French Revolution ◽  
Main Idea ◽  
Potassium Nitrate ◽  
Point Of View ◽  
Napoleon Bonaparte ◽  
The Social ◽  
The Government ◽  
Almost All ◽  
The Military

Java islands as one of the colonies on the European nations in Asia, had several changes since the Dutch Government liquidated the operation. This condition was caused by the change of the political constellation in Europe since the end of this century. As we knew that since 1795 till 1813, the Netherland was dominated by the French. From the year 1795, in January, the Bataafsche Republic was established in Netherland, supported by French after the governor (Staathouder) escaped by leaving his country to London. The result of this fact, the changes were happened in all provinces in Netherland and in almost of its colonies, included in Java. The form of the government was changed because of the implementation of the French Revolutionary ideas. How to overlook the colonies were different compared by the VOC era.  In VOC era, East India had been looked as the economical point of view. In the other hand, in Bataafsche Republic era, it had been considered as the integrated territory of French. So, there was a different management of both. During the VOC era, East India was placed under the Ministry of trade and colony regions. Then, in the Bataafsche Republic era, it was located under the Ministry of Maritime Army and the Colonies.The status of this colony was totally changed. The consequence of this change, there were a reformation of the social, politic and economic. The influences of the liberation idea, the main idea of French Revolution, was applied in almost all the regulations of its colony regions. Human rights guaranteed the rights not only as individual but also as a member of society. The Governor General deliberated all slaves in Java and others several islands to be trained as the soldiers.From the French point of view, Java would be set as centre of the French strategy in the effort to reoccupy India as before. According to Napoleon Bonaparte, India had natural resources more than the riches of all European kingdoms. So, the position of Java island geographically was very important because of his location was directly in front of India Ocean, and the military troupes could directly attack India.  Java which was very rich of the natural resources as wood as the basic materials of ship industry, potassium nitrate, as the materials of ammunition and the Javanese who had the very special endurance were considered by the Emperor as a very ideal island. The Javanese could compete the Sepoy soldiers, the Indian indigenous soldiers formed by the British. So, Napoleon Bonaparte considered that the Javanese would be prepared to realize the Napoleonic strategy. Java had to be saved from the British attack.

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