The Outlawry of War

1925 ◽  
Vol 19 (1) ◽  
pp. 76-103 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
International Relations ◽  
International Law ◽  
Middle Ages ◽  
Present State ◽  
Application Of Law ◽  
Constitutional Government ◽  
Self Defense ◽  
Causes Of War ◽  
Outlawry Of War ◽  
The Middle Ages

In the October,1924, number of this Journal the writer examined the changes in the conception of war since the middle ages with the conclusion that under present international law “acts of war” are illegal unless committed in time of war or other extraordinary necessity but the transition from a state of peace to a “state of war” is neither legal nor illegal. A state of war is regarded as an event, the origin of which is outside of international law although that law prescribes rules for its conduct differing from those which prevail in time of peace. The reason for this conception, different from that of antiquity and the middle ages was found in the complexity of the causes of war in the present state of international relations, in the difficulty of locating responsibility in the present regime of constitutional government, and in the prevalence of the scientific habit of attributing occurrences to natural causes rather than to design. It was recalled, however, that the problem of eliminating war has gained in importance while the possibility of solving it through the application of law has improved with the development of jural science. Thus efforts have been made to eliminate war(1) by defining responsibility for bringing on a state of war,(2) by defining justifiable self-defense, and(3) by providing sanctions for enforcement.

scholarly journals International Relations of Medieval Europe in Works of D. I. Kachenovskiy (1827–1872)

2019 ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Middle Ages ◽  
Research Work ◽  
Basic Research ◽  
Positive Influence ◽  
Substantial Impact ◽  
Feudal Society ◽  
History Of ◽  
The Middle Ages

The article dwells on reaearch and academic activity of D. I. Kachenovskiy at Kharkiv University. His contribution is shown to the study of international relations history at Middle Ages. It is emphasized that we are quite right to call D. I. Kachenovskiy one of most prominent Ukrainian experts in this field, despite his certain idealization of feudal society. Main teaching subjects of D. I. Kachenovskiy were international law and state law of European powers. The basic research work by D. I. Kachenovskiy became his doctoral thesis «On Privateers and Prize Proceedings Relative to Neutral Merchandise» (1855) which became widely known both in Russian Empire and Europe. D. I. Kachenovskiy admitted the appropriateness of privateering, characterized its essence and shared the opinion of well-known French scholar J.-M. Pardessus that charter by Aragon king Alfonso III of 1288 had been the first legislative act relating to privateering. The first period in European privateering history when “naval war was almost indistinguishable from piracy” lasted, by the scholar’s opinion, up to the end of XVI century. His «Course in International Law» was published in 1863, though unfinished, and embraced the antiquity as well as Middle Ages. The concept of international law development in the Middle Ages as proposed by D. I. Kachenovskiy included several basic elements. Those are: admission of the tremendous contribution of Christian Church, Roman Popes and German Emperors in elaboration of this law, influence of public order and national character of German tribes, as well as statement of general détente of mores and international tension in the Middle Ages under the effect of above-cited factors. The scholar emphasized positive influence of knighthood on customs of war and international relations. Medieval international law, history of privateering and trade, social-political and cultural life of Florence and effect of internal factors on its development were the main lines in research of the scientist. Works by D. I. Kachenovskiy exerted the substantial impact not only on students, but on his colleagues as well, and his scientific treatments mostly sustained time exam.

Stages of the formation of the Islamic concept of international law in the medieval and modern time

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Olena Hurenko
Keyword(s):  
International Law ◽  
Middle Ages ◽  
Significant Influence ◽  
Main Body ◽  
Traditional Values ◽  
Legal Norms ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
The Middle Ages

Problem setting. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity. Analysis of recent researches and publications. The Islamic science of international law is in the process of development, during which its representatives try to combine the traditional values of Islam with the basic principles of modern international law. Among the scientists who made a significant contribution to the study of the Islamic concept of international law, its historical development and the modern situation, one can distinguish such as A. Butkevich, L. Sukiyainen, Al-Shaybani, Muhammad ibn al-Hasan, V. Knapp, M. Sana, Sardar Ali S., Hilmli M. Zavati, A. Merezhko, B. Feldman and others. Target of research. Study of the Islamic concept of international law, analysis and comparison of content, significance of Islamic international law in the Middle Ages and modern times. Article’s main body. The article is devoted to the main stages of the formation of one of the most important systems of international law – Islamic, which is a collection of unique traditional values, legal norms and customs of Islam. The stages of development in the Middle Ages and the connection with modernity were investigated, the main features in the Middle Ages were determined. Conclusions and prospects for the development. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity.

scholarly journals Pacifismo jurídico = Legal pacifism

2019 ◽  
pp. 220
Author(s):  
José Antonio García Sáez
Keyword(s):  
International Relations ◽  
International Law ◽  
International Institutions ◽  
International Order ◽  
War And Peace ◽  
Central Division ◽  
Sustainable Peace ◽  
Palabras Clave ◽  
History Of ◽  
Outlawry Of War

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.

scholarly journals Riddles of the Text of an Early Byzantine Historian (Book Review: Priscus Panita. Excerpta et fragmenta / ed. by P. Carolla. – Berolini ; Novi Eboraci : Walter de Gruyter, 2017. – XLVIII, 140 p.)

2021 ◽  
pp. 285-291
Author(s):  
Alexander Kozlov
Keyword(s):  
International Relations ◽  
Middle Ages ◽  
Critical Edition ◽  
Eastern Mediterranean ◽  
Unique Information ◽  
Early Byzantine ◽  
The Middle Ages

Introduction. The publication is a review of the critical edition of the preserved fragments of the Early Byzantine intellectual and diplomat Priscus Panita’s historical work who presented first of all unique information about the nature of international relations in the Eastern Mediterranean and in Europe at the time of increasing threats to the Eastern and Western Roman empires from the barbarians. Analysis. Italian scholar, philologist, and archaeographer P. Carolla who, unlike many of her predecessors, involved all the codices containing excerpts from the writings of Priscus for the publication, primarily confirmed the concept of her teacher, F. Bornmann, about the authenticity of texts related to the work of Priscus, but contained in the works created under control of the 10th-century emperor Constantine VII. The result of the presentation of these fragments is a logical series of formally separate texts which is based on a perfectly developed stem. This kind of classical archaeographic technique is supplemented by approaches different in their effectiveness to the publication of excerpts whose affiliation to the Priscus’ pen is not indisputable. The review notes that this kind of technique would have been more successful if Carolla had accompanied the published texts with a commentary on their content. But there are no such comments, but only some attempts to indicate that a number of passages belong to Priscus as an author. This approach impoverishes publisher’s archaeographic finds and is methodologically flawed. The disadvantages of such methods of publication are illustrated in the review by examples of hypothetical dependence of the corresponding “Hunnic” passages of the most famous historian of the 6th-century Byzantium Procopius of Caesarea on the texts of Priscus. Results. In general, however, the publication undertaken by Carolla not only presents well-organized topical texts to specialists, allowing them to expand the possibilities of studying the transition from Antiquity to the Middle Ages, but also gives an additional impetus to improving the methodology of Byzantine archaeography.

In Defense of Diplomacy

1949 ◽  
Vol 1 (3) ◽  
pp. 404-413 ◽  
Author(s):  
Harold Sprout
Keyword(s):  
World War I ◽  
International Relations ◽  
International Law ◽  
League Of Nations ◽  
Higher Learning ◽  
Diplomatic History ◽  
World War ◽  
World Organization ◽  
Settlement Of Disputes ◽  
Outlawry Of War

Publication of Politics Among Nations is another important milestone in the development of systematic studies of international political phenomena into an established and recognized branch of higher learning.Comparison of this impressive treatise with any work published before 1914 reveals in dramatic fashion how much ground has already been covered. Before World War I, as Grayson Kirk has described, the study of international relations was largely carried on in the sterile atmosphere of international law and conventionalized diplomatic history. The crusade for the League of Nations opened up a new field and gave great impetus to the study of world organization. This newcomer practically stole the show during the 1920's. But the course of world events did not fulfill the bright hopes fostered by schemes for disarmament, outlawry of war, collective security, judicial settlement of disputes, and codification of international law. Teachers and writers, however, continued to play the same old records, which sounded more and more unconvincing as the dictators prepared the stage for another world war.

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