International Law and Inter-State Relations in Ancient India

1959 ◽  
Vol 79 (3) ◽  
pp. 193
Author(s):  
D. MacKenzie Brown ◽  
Hiralal Chatterjee
Author(s):  
Kubo Mačák

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.


1968 ◽  
Vol 41 (2) ◽  
pp. 314
Author(s):  
John W. Spellman ◽  
T. B. Mukherjee

2000 ◽  
Vol 13 (1) ◽  
pp. 193-205 ◽  
Author(s):  
Eric Suy

At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as enshrined in the UN Charter, is still at the core of inter-state relations.


2018 ◽  
Vol 51 (1) ◽  
pp. 163-186
Author(s):  
Nigel D. White

AbstractThe announcement by Presidents Obama and Castro in December 2014 of a major step towards normalisation of inter-state relations was part of what is primarily a political process, but normalisation implies a return to peaceful inter-state relations based on respect for fundamental principles of international law. This commentary explores the role that those principles have played in helping shape the confrontation between the United States and Cuba since the revolution of 1959, which has been underpinned by an economic, commercial and financial embargo of Cuba by the United States. This commentary argues that, from being an integral part of the bilateral dispute, international law can, at key moments, shift to form part of a solution. The changing political landscape raises the prospects of the parties turning to international law as a means of restoring normal relations between them resulting in, amongst other changes, the demise of the embargo.


Author(s):  
Simma Bruno ◽  
Tams Christian J

This chapter considers whether international law provides means and methods to respond to alleged treaty breaches. It does so in four steps. First, it provides an overview of the international regime governing reactions against treaty breaches. The next two sections analyse the two most relevant generally available means of response under the law of treaties and the law of State responsibility, respectively. The final section offers some concluding observations. In addressing questions of treaty breaches and responses, the chapter focuses on rules of international law regulating inter-State behaviour. Notwithstanding this restriction, it seems clear that treaty breaches can be committed by and against different (non-State) subjects of international law, notably by and against international organizations. While these raise some special problems, they are in principle subject to the rules developed to govern inter-State relations.


2019 ◽  
pp. 3-30
Author(s):  
Gleider Hernández

This introductory chapter provides an overview of the history and nature of international law. Rather than regulating the behaviour of individuals in their relations with one another, international law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of international law. ‘Public international law’ is to be distinguished from ‘private international law’, which describes the principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element. Indeed, private international law regulates the conflicts between rules of different domestic legal orders, while public international law concerns relations between States. Today, public international law has exceeded its foundations as the law of inter-State relations and operates as an integral part of the daily lives of individuals.


2005 ◽  
Vol 38 (1) ◽  
pp. 153-174 ◽  
Author(s):  
William Moul

Abstract. The usual quantitative study of inter-state war and peace tallies observations on hundreds, sometimes thousands, of dyads or pairs of states. These observations miss elementary features of inter-state relations that should be examined when testing Realist explanations of war and peace. The way in which three prominent studies (Bremer, 1992; Bueno de Mesquita, 1981; 1985) chose to count the Seven Weeks War dramatically reveals the theoretical difficulties when tallying dyads. Re-analyses of these studies demonstrate the sensitivity of the results to particulars of 1866 Germany and, more importantly, illustrate the merits of analyzing the dispute rather than the state dyad or the state-dyad year.Résumé. L'étude quantitative des périodes de guerre et de paix entre États comptabilise des observations relatives à des centaines, parfois des milliers de dyades ou paires d'États. Ces observations ne prennent pas en compte certaines caractéristiques élémentaires des relations entre États qui devraient pourtant être examinées lorsque l'on teste les théories réalistes expliquant guerre et paix. La manière dont trois études reconnues (Bremer, 1992; Bueno de Mesquita, 1981; 1985) ont choisi de comptabiliser la guerre des Sept Semaines révèle de manière éclatante les difficultés théoriques dans la comptabilisation des dyades d'états. De nouvelles analyses de ces études ont démontré la sensibilité des résultats aux caractéristiques de l'Allemagne de 1866, mais soulignent surtout les mérites de l'analyse des disputes par rapport à l'analyse des dyades d'États ou des dyades d'États annuelles.


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