Aviation and International Law

1930 ◽  
Vol 24 (2) ◽  
pp. 228-240 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
International Society ◽  
Human Action ◽  
International Organization ◽  
Human History ◽  
Daily Lives ◽  
National Organization ◽  
The World ◽  
Made In

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.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

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.

Is There a Discipline of IR? A Heterodox Perspective

2017 ◽  
Author(s):  
Ralph Pettman
Keyword(s):  
International Relations ◽  
International Law ◽  
Academic Discipline ◽  
International Organization ◽  
Military Strategy ◽  
International Governance ◽  
Strategic Issues ◽  
The World ◽  
The Many ◽  
Peace And War

International relations (IR) is widely accepted as an academic discipline in its own right, despite the many subdisciplines which hold it together. These disparate subdisciplines, in fact, have come to define international relations as a whole. Establishing systematic matrices that describe and explain the discipline as a whole can show how the subdisciplines that constitute international relations have sufficient coherence to allow us to say that there is a discipline there. To look at the discipline otherwise would be viewing it as a mere collection of insights taken from other disciplines—in short, international relations could not be defined as a discipline at all. Such an argument forms a more heterodox view of international relations—one which does not attempt to engage with traditional debates about what constitutes the subject’s core as compared with its periphery. The “old” international relations was largely confined to politico-strategic issues to do with military strategy and diplomacy; that is, to discussions of peace and war, international organization, international governance, and international law. It was about states and the state system and little more. By contrast the “new” international relations is an all-inclusive account of how the world works. The underlying coherence of this account makes it possible to provide more comprehensive and more nuanced explanations of international relations.

scholarly journals War and International Adjudication: Reflections on the 1899 Peace Conference

2000 ◽  
Vol 94 (1) ◽  
pp. 4-30 ◽  
Author(s):  
David D. Caron
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ethical Theory ◽  
Ad Hoc ◽  
International Peace ◽  
International Court ◽  
The World ◽  
Peace And Security ◽  
Hans Kelsen ◽  
International Adjudication

In fact, the first organized communities of international law . . . are organizations the function of which is to settle conflicts.Hans KelsenBut here we shall note the recurrence of a paradox . . . . Where practice is least ethical, theory becomes most Utopian.Edward Hallett CarrThe belief that a world free of war might be possible, be more than simply a dream, is a relatively recent phenomenon. In earlier times, war—like disease—was a part of life. There existed then a fatalism about war that no doubt persists in many parts of the world today. During the nineteenth century, however, parts of the world developed a confidence in progress and a hope that progress might extend to the abolition of war. Most importantly for this essay, a popular belief circulated at the e nd of the century that the establishment of a permanent international court would be an important step toward a world free of war. Ad hoc arbitration, as distinct from adjudication by such a permanent court, was not the same and, by itself, not enough. The 1899 Peace Conference was a point of inflection, a turn in the river, in the effort to move beyond ad hoc international arbitration to adjudication by a permanent international court as a means to avoid war a nd preserve international peace and security.

The Development of International Law Since the War

1928 ◽  
Vol 22 (2) ◽  
pp. 330-350 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
International Law ◽  
Legal Order ◽  
World War ◽  
The World ◽  
International Legal Order ◽  
The Law ◽  
Made In

We are now approaching the end of the first decade following the World War. Perhaps we are sufficiently removed from the heat and passion of that struggle to attempt to gauge the progress which the world has made in the development of international law since it was ended. Ten years is a brief period in any field of history; but before this decade was begun, most of us felt that it was going to see great things accomplished toward broadening and strengthening and extending the law by which the relations of states are governed. The war brought a challenge to our international legal order which could hardly have failed to create for our generation an opportunity to leave an impression on international law, such as has been left by no other generation in the three hundred years since the time of Grotius. As the decade is ending, and as our generation begins to find its energies so absorbed in other tasks, an appraisal of the progress we have achieved may enable us to judge the use we have made of our opportunity and the extent to which it still exists.

‘On the Safe and Right Lines’: The Lloyd George Government and the Origins of the League of Nations, 1916–1918

1989 ◽  
Vol 32 (1) ◽  
pp. 131-155 ◽  
Author(s):  
Peter Yearwood
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Society ◽  
League Of Nations ◽  
International Organization ◽  
Total War ◽  
Peace And Justice ◽  
Post War ◽  
Durable Peace

The success of wartime governments in the twentieth century is determined not just by their effectiveness in waging war, but also by their ability to plan for peace. Mobilizing the population for total war and winning the benevolent neutrality or active support of major uncommitted powers require the projection of a vision of a better, peaceful world which will be the necessary consequence of victory. The reordering of international society is therefore proclaimed as a war aim of each belligerent. By December 1916, when Lloyd George displaced Asquith, the desirability of establishing a league of nations was already a matter of serious popular and diplomatic discussion. The new administration almost immediately had to state its attitude on questions of post-war international organization. In launching his peace initiative President Wilson called for the establishment after the war of a ‘league of nations to insure peace and justice’. The joint reply of the Entente powers endorsed the setting up of such a body. In a separate commentary, which was given wide publicity in America, the foreign secretary, A. J. Balfour, explained that, as a condition of durable peace, ‘behind international law, and behind all treaty arrangements for preventing or limiting hostilities, some form of international sanction should be devised which would give pause to the hardiest aggressor’.

scholarly journals ASEAN’s responsibilities towards regional peace and security under the light of international law

2021 ◽  
Vol 5 (2) ◽  
pp. first
Author(s):  
Ngoc Minh Trang Pham
Keyword(s):  
International Law ◽  
International System ◽  
Southeast Asian ◽  
International Organization ◽  
Regional Security ◽  
Legal Obligation ◽  
Legal Personality ◽  
The World ◽  
Peace And Security ◽  
National University

After more than 50 years of existence and development, the Association of Southeast Asian Nations (ASEAN) has established itself as one of the significant players in the international community. This oldest as well as biggest international organization was believed to be the 5th most substantial economy in the world in 2020. Apart from contributing to the economic development of the region, ASEAN has also paid great attention to its political goals, one of which is to maintain and enhance peace, security and stability in the Southeast Asian region. With respect to this function, ASEAN has been excoriated for its ineffective performance and indolent reactions to regional precarious situations such as the Myanmar's Rohingya crisis and the chronic disputes in the East Sea. Hence, most criticisms called for a more compelling and active ASEAN in order to fulfill its role as a guardian of regional peace and security. Simon Chesterman, Dean of the Faculty of Law, National University of Singapore, posed a question: ``does ASEAN exist?'' In order to answer to such a broad question, this paper analyse the legal personality of ASEAN under the light of international law, which confirms the independence of ASEAN from member states as an actor of international system. Next, the paper examine the legal powers of ASEAN used to respond to regional security related issues. Finally, the paper establishes that ASEAN has legal obligation to settle any disputes that affect the peace and security of the region.

scholarly journals International Law as a Help or Hinderance to World Peace

2020 ◽  
Vol 11 (2) ◽  
pp. 447-459
Author(s):  
Alexander Gilder
Keyword(s):  
International Law ◽  
Review Essay ◽  
International System ◽  
World Peace ◽  
International Organisations ◽  
The World ◽  
History Of ◽  
History Of International Law ◽  
Made In

Abstract World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes in the book looking at how the history of international law is framed by the author before assessing Bellamy’s arguments in relation to the state and international organisations. Lastly, the essay casts a legal eye over the author’s articles for world peace. The articles will be of particular interest to readers in international law as they are embedded in the existing systems and structures of the prevailing international system. However, the articles contain the important inclusion of individuals and the role they play in achieving world peace. World Peace allows international lawyers to think more deeply about peace and the points made in this essay raise some issues that may be further debated as scholars map the paths to peace.

International Society and International Law

1921 ◽  
Vol 15 (3) ◽  
pp. 361-374 ◽  
Author(s):  
Jesse S. Reeves
Keyword(s):  
International Law ◽  
International Society ◽  
Specialized Training ◽  
Made In

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.

scholarly journals Introductory Remarks by Hélène Tigroudja

2018 ◽  
Vol 112 ◽  
pp. 27-28
Author(s):  
Hélène Tigroudja
Keyword(s):  
International Law ◽  
International Society ◽  
The State ◽  
International Organization ◽  
Good Morning ◽  
Private Actors

Good morning, everybody, and welcome to this extraordinary panel on the operationalization of international law, beyond the state, so it is a very ambitious title and it is a very ambitious question, and we are trying to discuss a bit more about the private actors and the role and the place of the private actors in international society, but not only private actors as such but private actors in their relationship with other classical subjects of international law of states across an international organization.

scholarly journals What is Positivism Today?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 87-91
Author(s):  
Mónica García-Salmones Rovira
Keyword(s):  
International Law ◽  
International Society ◽  
Moral Values ◽  
International Community ◽  
Global Society ◽  
Real Power ◽  
Historical Turn ◽  
Cultural Terms ◽  
The World ◽  
The Ideal

This essay focuses on the understanding of positivism in Prosper Weil's time, its trajectory since, and how that trajectory reflects changes that have occurred in global society in the intervening years. The world to which Weil spoke is neither in scientific nor in political and cultural terms the same as ours. Key positivist notions, such as neutrality or Weil's critique of the ideal of the unity of the international community and of the invocation of higher moral values, appear to chain sound normative principles while letting loose real power. At any rate, Weil's ideas have not survived globalization or the critical and historical turn taken in the discipline of international law. And yet “Towards Relative Normativity?” arguably owes its lasting significance to its grasp of the weight of the authority of law in international society.

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