The Treaty of Paris and Turkey’s Status in International Law

1943 ◽  
Vol 37 (2) ◽  
pp. 262-274 ◽  
Author(s):  
Hugh McKinnon Wood

Writers on international law agree that its development in its present form began in the 16th century among the Christian States of Europe, when the feudal organization of the continent gave place to its modern organization in the “sovereign, independent” States of the traditional terminology, and that originally it was considered as not applying, or as not fully applying, to States outside the pale of Christian civilization. At the end of the 18th and until well into the 19th centuries it was common for treatises on the subject to bear titles referring not to “International Law” but to “European International Law,” although such a title had ceased to be appropriate after the attainment of independence by the United States. It is also usually said that Turkey, the first Mohammedan State to join the family of States between which international law is in force, was brought into the family and made for the first time a subject or “person” of international law by Article 7 of the Treaty of Paris of March 30, 1856, which terminated the Crimean War. This view has, however, been disputed by A. H. Smith who argues that “for many centuries Turkey had maintained diplomatic intercourse and concluded treaties with Great Britain and other European Powers and … the general body of international law was considered to apply,” and that the alleged recognition appears to have made no practical difference; and who accordingly suggests the meaning of the article to be that Turkey was formally “admitted to the specifically European group of nations which was deemed to have been established by the Vienna settlement of 1815.” Smith gives no details regarding the evidence on which his view is based, and other writers habitually content themselves with quoting the text of the article. It may be interesting to consider what light contemporary evidence throws upon the matter.

Legal Studies ◽  
1983 ◽  
Vol 3 (3) ◽  
pp. 267-282
Author(s):  
Christine Gray

In 1908 international law governed relations between ‘civilised states’ only. It applied exclusively to those states within the Family ofNations - 45 fully sovereign states according to the first edition of Oppenheim's International Law. These 45 included the six ‘Great Powers’, Austria-Hungary, France, Germany, Great Britain, Italy and Russia, various lesser European states, the United States of America and 20 Latin American states. In Africa ‘The Negro Republic of Liberia and the Congo Free State were the only real and full members ofthe Family of Nations’, in Asia only Japan. The position ofsuch states as Persia, Siam, China, Korea and Abyssinia was doubtful; ‘These states are certainly civilised states, and Abyssinia is even a Christian state.


Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.


Author(s):  
R. W. Ianni

To the impressive list of Italian periodicals on international law led by the prestigious Rivista di Diritto Internazionale there has now been added The Italian Yearbook of International Law, published exclusively in English. Italian scholars have made a very significant contribution to doctrinal developments in international law; however, some of their work has gone unnoticed because Italian is not among the languages in widespread use in international law circles. In addition, Italian scholarship has suffered somewhat from what some consider to be an overly theoretical or abstract approach to the subject matter. While it is always a noteworthy occasion to welcome a new member into the family of international law yearbooks, the advent of the Italian yearbook is particularly noteworthy, contributing as it does to the accessibility of a broad range of material and learned comment. It is appropriate, therefore, that the first issues of The Italian Yearbook of International Law receive extended comment in the pages of this Yearbook.


2019 ◽  
Vol 5 (3) ◽  
pp. 601-613
Author(s):  
Gretchen L. Casey

Over the past few years, the rise in popularity of a genre of You- Tube videos known as “reaction videos” has resulted in controversy for various reasons. The United States District Court in Hosseinzadeh v. Klein, a landmark case for the genre, described the “reaction videos” as “a large genre of YouTube videos . . . [that] vary widely in terms of purpose, structure, and the extent to which they rely on potentially copyrighted material.” According to the Hosseinzadeh opinion, “[s]ome reaction videos. . .intersperse short segments of another’s work with criticism and commentary, while others are more akin to a group viewing session without commentary.” Essentially, reaction videos are exactly what the name suggests: a video showing a person or group of people reacting to the work of another, which by nature requires the incorporation of the work being reacted to for the viewer’s reference. The first time that controversy arose out of the “reaction” genre was in 2015 when the Fine Brothers, the creators of a popular YouTube channel known for its “Kids React” series along with several other “reaction video” series, applied to trademark the term “react.” The brothers did so with the intention to create a program called “React World,” through which they would license out the “reaction video” format to other video creators. This endeavor came not long after the Fine Brothers criticized Ellen DeGeneres for allegedly using their “re- action” format in a segment on her television show, suggesting the brothers’ belief that they were the sole owners of what is, in reality, a widely-used format. As a result, YouTube viewers became distrustful of the Fine Brothers’ intentions in trademarking the format, and viewers criticized them to the point that they issued a public apology in February of 2016 in which they announced their decision to “[r]escind all. . .‘React’ trademarks and applications” and “[d]iscontinue the React World program.” Later in 2016, reaction videos would again become the subject of controversy when Ethan and Hila Klein, the husband-and-wife creators of the popular YouTube comedy channel H3H3 Productions, were sued by Matt Hosseinzadeh of the decidedly less popular You- Tube channel, Matt Hoss Zone, for copyright infringement. Hosseinzadeh alleged copyright infringement for the use of segments of his video, “Bold Guy vs. Parkour Girl,” in a humorous reaction video made by the Kleins.8 What resulted was the aforementioned Hosseinzadeh v. Klein opinion, which set a precedent that will hopefully allow future reaction video creators to produce and share content without their creativity being stifled by the looming risk of copyright infringement lawsuits. Hosseinzadeh alleged that a video, which was part of a series of videos, starring himself as “Bold Guy,” “in which the Bold Guy flirts with a woman and chases her through various sequences” was infringement. Hosseinzadeh alleged that the Kleins’ video entitled “The Big, The BOLD, The Beautiful,” infringed upon “Bold Guy vs. Parkour Girl,” as it featured the couple “comment[ing] on and criticiz[ing] [his] video, playing portions of it in the process.” Accepting the Kleins’ motion for summary judgment, which pleaded the fair use defense, the court held that its “review of the. . .videos makes it clear that [the claim] in which plaintiff alleges that defendants in- fringed plaintiff’s copyrights, must be decided in defendants’ favor.”


2019 ◽  
Vol 32 (2) ◽  
pp. 27-50
Author(s):  
Helena Rachwał

Summary The article puts forward the thesis that outdoor advertising is an important element that enriches college recruitment campaigns if it meets certain conditions. The basic factors determining the effectiveness of outdoor is the conciseness and simplicity of the message, the creation taking into account the proper character of the advertisement and referring to the emotions of the recipient, the composition based on the appropriate arrangement of elements, intriguing advertising text forcing the recipient to think, integrate outdoor communication with the internet transmission and the correct location of the advertising medium. The subject of outdoor advertising and its impact on candidates for studies is omitted in the literature on marketing activities of tertiare education institutions. Therefore, it was attempted to fill the cognitive gap by referring to foreign scientific research and examples of outdoor applications by universities in the United States of America and Great Britain. Also described are outdoor campaigns of the SWPS University, which cooperates with the Cityboard Media Institute in the field of external advertising research. In order to analyze outdoor polish universities, the article uses part of the photographic material collected by the author, and reflects on the basis of their own observations and in-depth interviews with employees of Marketing Departments of selected universities.


2002 ◽  
Vol 71 (2) ◽  
pp. 307-340 ◽  
Author(s):  
Leslie Woodcock Tentler

By the 1930s few Catholics in the United States could have been unaware of their church's absolute prohibition on contraception. A widely-publicized papal encyclical had spoken to the issue in 1930, even as various Protestant churches were for the first time giving a public blessing to the practice of birth control in marriage. Growing numbers of American Catholics had been exposed since at least 1920 to frank and vigorous preaching on the subject in the context of parish missions. (Missions are probably best understood as the Catholic analogue of a revival.) And by the early 1930s Catholic periodicals and pamphlets addressed the question of birth control more frequently and directly than ever before. As a Chicago Jesuit acknowledged in 1933, “Practically every priest who is close to the people admits that contraception is the hardest problem of the confessional today.” A major depression accounted in part for the hardness of the problem. But it was more fundamentally caused by the laity's heightened awareness of their church's stance on birth control and their growing consciousness of this position as a defining attribute of Catholic identity.


1980 ◽  
Vol 24 (04) ◽  
pp. 203-226 ◽  
Author(s):  
Otto Grim

The vane wheel is a freely rotating device installed on the propeller shaft behind the propeller to provide additional thrust at no increase in power. The wheel, which is larger in diameter than its companion propeller, functions as a turbine by using the otherwise-wasted propeller slipstream to generate the extra thrust. This paper describes a series of tests performed at the Hamburg Ship Model Tank to compare the efficiency of the vane wheel arrangement with other propulsion units, including a conventional propeller, contrarotating propeller, and propeller with fixed guide mechanism. The Appendix provides a mathematical analysis of the performance of the various units investigated. Preface: For many years I had the great pleasure to live near Georg Weinblum, to work with him, and to receive his advice. After he retired I became his successor at Hamburg University. In 1938 I had met Georg Weinblum for the first time; in 1952 — after his return from the United States — for the second time, and after that we met regularly. He encouraged me to write my thesis and to work as a scientist. He always took a great interest in promoting young people and in awakening their enthusiasm for science. Many young people have had this experience and think of him with gratitude. Due to the founders' intentions, the memorial lecture should deal with a subject which belongs to naval architecture and which serves its development. I have chosen the subject, Propeller and Vane Wheel, which I presented for the first time to the German Society of Naval Architecture (Schiffbautechnische Gesellschaft) in 1966. I take this opportunity to discuss the subject again, and to a different extent, because I believe that the purpose of this work is really important and can be achieved without any difficulty in the present situation, where the search for new ideas with regard to the saving of energy has become an urgent necessity.


Author(s):  
C. H. Alexandrowicz

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.


1984 ◽  
Vol 3 (1) ◽  
pp. 58-68 ◽  
Author(s):  
H. Torrens ◽  
T. Getty

In any discussion of the historical development of what was later to be named Biostratigraphy it is often assumed that a modern basis for the subject had already been reached by the cumulative work in the subject up to 1815; culminating in that of William Smith (1769-1839) and Alexandre Brongniart (1770-1847). But to this time fossils had only been used to identify (and discriminate between) often repetitive lithological units or to establish a relationship between rock units in different areas. The practical demonstration that particular lithological units could be regularly subdivided with significant consequences, on the basis of their contained fossils was a later achievement over several generations. One of the first to free stratigraphical palaeontology from such a lithological control was the forgotten Englishman Louis Hunton (1814-1838). In this paper Hunton's origins from a successful alum making family in the north-east of Yorkshire in the north of England and his short life and scientific work are described for the first time. The family business of alum making from the highly fossiliferous local alum shales, which were extracted open-cast, directly introduced Hunton to stratigraphical palaeontology. He followed up this work by study in London, where his pioneering paper was read to the Geological Society of London in 1836. He died less than 2 years later but had helped lay a foundation for major biostratigraphic advances by his insistence that only fossils collected in situ should be used in such work and then that the species, of especially ammonites, in his Yorkshire strata had particularly limited and invariable relative positions within that lithological sequence. His work is also compared with that of his contemporary W.C. Williamson and the conclusion reached that Hunton, because of his emphasis in the merits of ammonites, deserves more to be remembered as a pioneer of Jurassic biostratigraphy.


1956 ◽  
Vol 50 (2) ◽  
pp. 293-312 ◽  
Author(s):  
George A. Finch

The founding fifty years ago of a society to promote the establishment of international relations on the basis of law and justice was a step marking the progress that had been made at the beginning of the century in the age-long efforts to find a means of substituting reason for force in the settlement of international controversies. At that time arbitration was generally regarded as the most suitable and acceptable substitute for war. Great Britain and the United States had both heavily contributed to that conviction first by submitting to arbitration under the Jay Treaty of 1794 the numerous misunderstandings that developed in carrying out the provisions of the Peace Treaty of 1783, and then three-quarters of a century later in submitting to arbitration by the Treaty of Washington of 1871 the dangerous Alabama Claims dispute following the American Civil War.


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