The Hague Codification Conference

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.

Author(s):  
Vitit Muntarbhorn

This chapter focuses on international law in Thailand. Siam was one of the original states from the Asian region that took part in the formation of the international legal system, notably the Hague Conference in 1899, which resulted in various treaties on the law of war, followed by the 1907 Hague Conference that resulted in a host of treaties on rules and regulations concerning the conduct of war. It was a member of the League of Nations and contributed to key international developments, such as the evolution of treaties against human trafficking. In the diplomatic juggle to set up the United Nations after the Second World War, Thailand sought membership, played its hand diplomatically, and gained admission. It was also one of the founders of the Association of Southeast Asian Nations (ASEAN) in 1967, and it was one of the key players that brought peace to Cambodia and the region in the 1990s.


2020 ◽  
Vol 22 (3-4) ◽  
pp. 331-362
Author(s):  
Antal Berkes

Abstract The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations’ codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility.


1923 ◽  
Vol 17 (1) ◽  
pp. 15-28 ◽  
Author(s):  
Manley O. Hudson

The efforts made at the Hague Conference of 1907 to establish a Permanent Court of Arbitral Justice in addition to the panel which we call the Permanent Court of Arbitration, bore fruit at the Paris Peace Conference in 1919 in Article 14 of the Covenant of the League of Nations. The task of establishing a new court was too delicate for the Peace Conference to undertake. So the Covenant stopped short with directing the Council of the League of Nations to formulate plans for a Permanent Court of International Justice, and submit them to the members of the League “for adoption.” The Council lost no time after its organization in discharging this responsibility. At its second session, in February, 1920, which was really its first session for the transaction of business, it set up a Committee of Jurists to draft a scheme. This Committee deliberated through the summer of 1920, and its draft project was submitted to the Council at San Sebastian in August.


Sovereignty ◽  
2019 ◽  
pp. 168-172
Author(s):  
Hermann Heller

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of sovereignty as a kind of modest, legally normed capacity to act, as authority under international law, or as a discretionary sphere granted by international law. However, this operation can never succeed using the tools of international law, because international law is only possible as long as there are at least two absolutely independent territorial decision-making units. The sovereignty problem has become more complicated for members of the League of Nations and its Permanent International Court in The Hague. The principles of a treaty order free of domination on which these institutions rest have not fundamentally changed; voluntariness and unanimity are preserved under these principles.


2012 ◽  
Vol 7 (2) ◽  
pp. 210-232 ◽  
Author(s):  
Stephen Wertheim

AbstractDuring the First World War, civil society groups across the North Atlantic put forward an array of plans for recasting international society. The most prominent ones sought to build on the Hague Conferences of 1899 and 1907 by developing international legal codes and, in a drastic innovation, obligating and militarily enforcing the judicial settlement of disputes. Their ideal was a world governed by law, which they opposed to politics. This idea was championed by the largest groups in the United States and France in favour of international organizations, and they had likeminded counterparts in Britain. The Anglo-American architects of the League of Nations, however, defined their vision against legalism. Their declaratory design sought to ensure that artificial machinery never stifled the growth of common consciousness. Paradoxically, the bold new experiment in international organization was forged from an anti-formalistic ethos – one that slowed the momentum of international law and portended the rise of global governance.


2011 ◽  
Vol 29 (1) ◽  
pp. 53-97 ◽  
Author(s):  
Douglas Howland

The Russo–Japanese War (1904–1905), recently commemorated with several international conference volumes, is identified by a majority of contributors as the first modern, global war. In making such a judgment, these scholars note its scale, its nationalism, its colonialism and geopolitical repercussions. What is surprising, however, is that no one has remarked on another significance: it was the first war in which both belligerents pledged to adhere to the international laws of war. In that regard, the Russo–Japanese War marks a culmination of the tireless international diplomacy to secure legal limitations on warfare in the nineteenth century. In 1904, both Russia and Japan justified their operations according to international law, for the benefit of an international audience who had five years earlier celebrated some progress with the signing of The Hague Conventions in 1899.


1927 ◽  
Vol 21 (4) ◽  
pp. 659-667
Author(s):  
Jesse S. Reeves

With the adoption of a resolution by the Council of the League of Nations, transmitting the report of the Committee of Experts for the Progressive Codification of International Law to the Assembly, what may be called the preliminary work of that Committee has reached such a stage that it seems possible to review its activities in the process of codification adopted by the League of Nations. It will be remembered that the Hague Commission of Jurists in its report accompanying the Statute of the World Court recommended the creation of agencies for codification, and that Lord Robert Cecil’s opposition to codification delayed acceptance of the Commission’s recommendation until September, 1924, when the Assembly upon the initiative of Sweden provided for the appointment of a committee of experts.


2020 ◽  
pp. 153-159
Author(s):  
O.V. Shumalo ◽  
V.Ya. Kalakura

Surrogacy is rapidly growing in intensity in almost the entire world, particularly in Ukraine, at the same time rapidly challenging international private law. Significant differences in approaches to this matter between various countries lead to conflict of laws and the need for its resolution at the international level as well as development of appropriate unified rules by creating an international instrument on surrogate motherhood. In this article, the author is trying to find out what the prospects of creating such a special instrument are today. It has been discovered that research on the possibilities of such regulation has been conducted within the framework of the Hague Conference on Private International Law for about ten years. To this end, a special Group of Experts has been set up within the organization to hold annual meetings and report on them. It is established that the need to create an international instrument on crossborder surrogacy agreements has been recognized at the international level. The Expert Group is currently exploring the possibility of implementing this project. The Expert Group decided that the purpose of this document would be to secure the recognition in the States Parties of a court decision on parentage that resulted from surrogacy. Consideration is also given to extending the document on recognition of acts of competent authorities on the registration a child’s birth and their legal status, given that in many countries parentage resulting from use of surrogate motherhood procedures is established without judicial involvement. It has been clarified that an international legal instrument will be developed in the form of a protocol operating in parallel with the Convention on the Recognition of Legal Parentage, which the Expert Group is also currently working on as part of a single project. In the article, it is discovered what features and provisions the future document may contain. Having analyzed the works of scientists, reports of the Expert Group and other materials, the author concludes that in the next few years a draft protocol on the recognition of paternity, established on the basis of cross-border surrogacy agreements, may be developed.


1930 ◽  
Vol 24 (3) ◽  
pp. 500-516 ◽  
Author(s):  
Green H. Hackworth

From time to time since the middle of the nineteenth century various efforts have been made to codify international law. Most of these have dealt with administrative and international private law (the conflict of laws) and more particularly with the laws of war and neutrality. Some of these efforts, particularly those of jurists of the Western Hemisphere, have, included in their scope the whole field of public and private international law. It was, however, left for the League of Nations to launch upon a world-wide effort to place in code form those rules which are regarded as the body of law on three important subjects of public international law. These efforts culminated in the Codification Conference held at The Hague from March 13 to April 12, inclusive, 1930. The three subjects before that Conference were Nationality, Territorial Waters, and Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners.


1996 ◽  
Vol 9 (2) ◽  
pp. 263-263
Author(s):  
René Lefeber ◽  
Iris C. Meijer

The year 1994 marked a time of momentous change for the Leiden Journal of International Law. Quantity and quality of copy flow had reached a bare minimum, while the editors were overburdened with the administration of the Journal. It was concluded that the Journal would only have a future if it was reorganized rigorously. A business plan was drafted that set up a two-step transition process. The first step in this process was completed in 1995 with the influx of a group of experienced editors, the restructuring of sections of the Journal and a fresh lay-out. One of the most important changes was the development and introduction of the Hague International Tribunals Section, which involved the establishment of a close working relationship with the international judicial institutions in The Hague. The quality input in several field of the Journal had not only been a necessity to give our readers value for money, but also to prepare the Journal for the second step of the transition process, entering into a strategic alliance with a publishing house that could run the burdensome production and administration of the Journal. Sooner than expected, the Journal qualified for such an alliance and, this year, the negotiations with Kluwer Law International were brought to a successful conclusion.


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