Kharkiv school of international law. Establishment and traditions

2021 ◽  
Author(s):  
Marina Okladna ◽  
Mariia Uvarova
Keyword(s):  
International Law ◽  
Main Body ◽  
Domestic Science ◽  
Historical Justice ◽  
National University ◽  
History Of ◽  
Fundamental Research ◽  
The 19Th Century ◽  
Great Damage ◽  
Scientific Achievements

Problem setting. Without knowledge of previous achievements, scientific achievements and conclusions of international scientists, it would be impossible to master the modern realities of the science of international law. Forgetting the names of researchers and their ideas on the ideological principle, which we encountered in Soviet times, caused great damage to domestic science. The process of restoring historical justice is gradually underway, and the works of past centuries are returning to scientific circulation. This also applies to the history of domestic science of international law. Analysis of recent researches and publications. The problem of formation and development of schools of Ukrainian international law was studied by scientists N. Ulyanov, Y. Baskin, D. Feldman, V. Semenov, K. Savchuk, A. Dmitriev, U. Butler. Fundamental research in the area of Kharkiv school of international law was conducted by V.A. Yastrzhembsky, M.P. Chubinsky, D.I. Bagatiy, O. V. Butkevich, M. V. Buromensky, O. V. Tarasov. Target of research. To analyze the history of formation and development of the Kharkiv School of International Law, to study the activities of its representatives and process their scientific works, to generalize and systematize the knowledge about the science of international law as one of the most important branches of law taught in Ukrainian universities during XIX-early XX centuries. Article’s main body. In the article, the author analyzes certain periods of the existence of the Kharkiv School of International Law, examines in detail both the Faculty of Law as a whole and the Department of International Law. It is also shown how the Department of International Law developed, what positions existed, who were the first teachers of the department, what were their main works on the topic of international law. Also the article provides a comprehensive study about the activities and merits of the main representatives of the Kharkiv school of international law, their main scientific works were briefly described. Conclusions. The science of international law began to develop in Ukrainian universities in the first half of the 19th century. In Kharkiv, the Faculty of Law and the Department of International Law were first formed at the Kharkiv National University of V. N. Karazin. Representatives of the Kharkiv School of International Law made a contribution to the development of the doctrine of international law in Ukraine, especially V.P. Danevsky, D.I. Kachenovskogo, T.F. Stepanova, V.A. Yastrzhembsky, who broke up the original and advanced ideas for the master of international law and laid the foundation for the modern legal science.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

History of the Historiography of Spanish Textbooks and Treatises on International Law of the 19th Century

2013 ◽  
Vol 17 (1) ◽  
pp. 1-22
Author(s):  
Yolanda Gamarra Chopo
Keyword(s):  
Nineteenth Century ◽  
Sixteenth Century ◽  
International Law ◽  
Late Development ◽  
Spanish History ◽  
Principal Axes ◽  
History Of ◽  
The Subject ◽  
The 19Th Century

The bibliography of Spanish international law textbooks is a good indicator of the evolution of the historiography of international law. Spanish historiography, with its own special features, was a recipient of the great debates concerning naturalism v. positivism and universalism v. particularism that flourished in European and American historiography in the nineteenth century. This study is articulated on four principal axes. The first states how the writings of the philosophes continued to dominate the way in which the subject was conceived in mid-nineteenth century Spain. Secondly, it explores the popularization and democratization of international law through the work of Concepcion Arenal and the heterodox thought of Rafael Maria de Labra. Thirdly, it examines the first textbooks of international law with their distinct natural law bias, but imbued with certain positivist elements. These textbooks trawled sixteenth century Spanish history, searching for the origins of international law and thus demonstrating the historical civilizing role of Spain, particularly in America. Fourthly, it considers the vision of institutionist, heterodox reformers and bourgeois liberals who proclaimed the universality of international law, not without some degree of ambivalence, and their defence of Spain as the object of civilization and also a civilizing subject. In conclusion, the article argues that the late development of textbooks was a consequence of the late institutionalization of the study of international law during the last decade of the nineteenth century. Nevertheless, the legacy of the nineteenth century survives in the most progressive of contemporary polemics for a new international law.

scholarly journals The Neelovs Fond from the State Archive of the Smolensk Region: Russian Public Figures of the 19th Century in the Midst of Rural Everyday Life

2020 ◽  
pp. 995-1006
Author(s):  
Natalia I. Gorskaya ◽  
Keyword(s):  
Everyday Life ◽  
19Th Century ◽  
Social Role ◽  
The State ◽  
Main Body ◽  
State Archive ◽  
The Family ◽  
Before And After ◽  
History Of ◽  
The 19Th Century

The article analyzes sources in the family fond “The Neelovs” from the State Archive of the Smolensk Region. The main body of documents relates to the history of the 19th century and has not yet been introduced into scientific use. The Neelovs, nobles of the Gzhatsk uezd, who were included in the first part of the genealogical book of the nobles of the Smolensk gubernia, participated in major events of the 19th century on national and regional level. The article is to describe the content of the fond and to assess the information potential of its sources for studying the history of a noble provincial family in the context of Russian history. It establishes that the documents differ in their origin and significance. Recordkeeping documents and those of personal provenance are numerous and informative. Among recordkeeping documents of particular interest are documents of economic nature and the Neelov brothers’ records of service; among sources of personal provenance of most interest are travel notes and epistolary heritage of the family members. There are numerous documents reflecting the Neelov brothers’ life and career, many of which concern well-known Russian professor of the Military Academy and writer N. D. Neelov and the director of the department of agriculture of the Ministry of State Property and Senator D.D. Neelov. The author concludes that the identified sources allow to recreate the history of a rural noble family before and after the abolition of seldom, to study its economic situation, culture, everyday life, and evolution of the social role of nobility in provincial life. The fond content also clarifies socio-economic processes in the midst of peasantry, history and repercussions of the major events of the 19th century: the war of 1812, the Polish uprising of 1831, preparation of the abolition of seldom, activities of the Zemstvo institutions; it helps to connect the history of the family and the history of the country.

scholarly journals Some Remarks on the Eurocentricism and Imperialism in the Construction of International Law

2020 ◽  
pp. 95-111
Author(s):  
Punsara AMARASINGHE
Keyword(s):  
International Law ◽  
19Th Century ◽  
Vantage Point ◽  
European History ◽  
The Political ◽  
Modern History ◽  
Colonial Expansion ◽  
History Of ◽  
History Of International Law ◽  
The 19Th Century

The modern international law is considered an offshoot of European intellectual contributions as its basic foundation is deeply imbued with the political and social upheavals took place in European history. As an example, the Westphalian order emerged in the culmination of thirty years war in 1648 was regarded as the most pivotal mile stone in modern history of international law. Yet the European domination and its intellectual contribution to the development of international law systematically excluded non-European nations from international law and its protection, which finally paved the path to use international law in the 19th century as a tool of legitimizing the colonial expansion. This paper seeks to trace the historiography of modern international law and its dubious nature of disdaining non-Europeans and their civilizational thinking. Furthermore, this paper argues how European historical encounters carved the map of international law from a vantage point, which gave an utter prominence upon the European intellectual monopoly. The results emerge from this paper will strongly suggest the need of an alternative scholarship to unveil the history of international law.

The Ottoman Empire and International Law

2021 ◽  
Keyword(s):  
International Law ◽  
Ottoman Empire ◽  
Balance Of Power ◽  
Holy War ◽  
Full Member ◽  
Legal Studies ◽  
Fresh Perspective ◽  
History Of ◽  
History Of International Law ◽  
The 19Th Century

The Ottoman Empire has long been a marginal subject in both the history and theory of international law. With the imperial turn in historiography and the postcolonial turn to history in legal studies, researchers challenge the stereotype of “the Sick Man of Europe,” paying due attention to the Ottomans’ own understanding of international law and society. Most importantly, throughout its centuries-long existence, the Ottoman Empire did not find itself vis-à-vis a monolithic, stable, and ready-made set of rules and ideas we today refer to as international law. On the contrary, interactions with the Ottomans—the Other par excellence for Christian Europe—helped transform droit public européen into modern international law. Neither the Islamic nor the Christian precepts predetermined this course of events. “Islamic” explanation was of little help in understanding the Ottomans’ relationship with the European powers. Notwithstanding the Islamic ideal of Holy War, the Ottoman Empire was among the key actors in the European balance of power. In the 19th century, however, Europeans increasingly established discrimination against Muslim Ottomans as a rule in international law, rarely perceiving their desire to be a full member of international society. Overall, the Ottoman Empire offers a fresh perspective for a truly universal history of international law.

scholarly journals The Image of Garibaldi in Fyodor Dostoevsky’s Works

2020 ◽  
pp. 37-45
Author(s):  
Svetlana V. Murzina ◽  
◽  
Elena G. Novikova ◽  
Keyword(s):  
Creative Writing ◽  
Political Activity ◽  
Main Body ◽  
Face To Face ◽  
Textual Evidence ◽  
History Of ◽  
Political Thinker ◽  
The 19Th Century ◽  
Artistic Image ◽  
Political Figure

The study is the first to collect, describe and analyze the main body of Fyodor Dostoevsky’s comments related to Giuseppe Garibaldi. The image of the Italian political figure is reconstructed in the creative works of the Russian writer. The image is analyzed from historical and political perspectives of the nineteenth-century Russia (1860–1870) and the Italian Risorgimento. The relevance of the study is due to the modern perception of Dostoevsky as an original political thinker and the wide context of Russian-Italian relations. Giuseppe Garibaldi is one of the most distinguished political figures in the European history of the middle of the second half of the 19th century. He is a national hero of Italy, one of the leaders of the Risorgimento whose main political achievement was unification of the country and nation. Dostoevsky repeatedly referred to Garibaldi during two decades, from 1860 to 1876. Dostoevsky’s creative works related to the image of Garibaldi are as follows: Petersburg Dreams in Verse and Prose, Winter Notes on Summer Impressions, The Double, The Adolescent, A Writer’s Diary, as well as his letters of 1867 and 1868. The way Garibaldi’s image is reflected in Dostoevsky’s creative writing is worth noting: Garibaldi is mentioned only in final versions of two works of the beginning of the 1860s, i.e. Petersburg Dreams in Verse and Prose and Winter Notes on Summer Impressions; in the works of the 1860s–1870s (The Double, The Adolescent, A Writer’s Diary), Garibaldi is mentioned only in preliminary drafts, not in the final canonical versions of the works. Garibaldi’s image is of particular importance in Dostoevsky’s creative writing; however, it is often “hidden” being not explicit, but implicit textual evidence. All the mentioned materials show that Dostoevsky was aware of the events and circumstances related to Garibaldi and the Italian Risorgimento as a whole. He received the information from European and Russian newspapers and journals, Garibaldi’s Notes, and, finally, an occasional face-to-face meeting with him in 1867. Garibaldi’s image is created in different ways: Dostoevsky simply mentions his name or creates a vivid artistic image (A.G. Dostoevskaya also contributed to shaping Garibaldi’s image). With all the attention that Dostoevsky paid to Garibaldi’s political activity, the image that he finally created in his works stands out for personal features and traits associated with the unique personality of the “Italian hero”. According to Dostoevsky, “genius” and “open-heartedness” are the essential features of Garibaldi’s personality.

scholarly journals To the History of Samara Desert-Nicholas Monastery Archive and Book Collections

2017 ◽  
Vol 25 (1) ◽  
pp. 175
Author(s):  
Liudmyla Mykolaivna Luchka
Keyword(s):  
Economic Life ◽  
Library Science ◽  
Military Operations ◽  
Printed Books ◽  
Culture Heritage ◽  
History Of ◽  
State And Local ◽  
The 19Th Century ◽  
The Military ◽  
Great Damage

The works by archimandrites Havriil (V. F. Rozanov) and Feodosiy (O. G. Makarevsky), historians A. O. Skalkovsky, D. I. Yavornitsky and V. O. Bidnov were the first documents on the history of the monastery (Novomoskovsk, Dnipropetrovsk Region). The monastery suffered from raids, fires, epidemics and robberies. The monastic archives were largely lost in the military operations. A lot of original documents didnʼt survive. The epidemic of 1750 did a great damage. The paper archive, infected things and monastery items were burned. The archive consisted of clerical documents, volumes of ancient laws, manuscripts and correspondence. The archive contained some other documents of great importance. They are so-called Universals, 11 statements with seals of Zaporizhian Sich Kosh (Leader) and priorsʼ complaints. The monastery archive contained manuscripts by the last Kosh Otaman (leader) − P. Kalnyshevsky. The archive included documents of state and local authorities and supreme church governing boards – reports, orders, decrees, warrants referring to the monastery property, inventories of monastery household items. A certain percentage of documents was correspondence among priors referring to internal discipline and economic life of the monastery. The names of famous visitors of the monastery are known: archimandrites Havriil and Feodosiy, A. O. Skalkovsky, A. P. Chirkov, P. M. Sochinskiy, V. D. Mashukov, D. I. Yavornitsky and V. O. Bidnov. They worked with documents and left published articles, essays and reviews. Except manuscripts the monastery had printed editions. The monastery library kept 150 liturgical books of Kyiv and Moscow publishing of the 17th − 18th centuries. Six printed books from Samara Desert-Nicholas Monastery are kept in Dnipropetrovsk National Historical Museum. The library collection of the 19th century was quite big. The research of the archive and the library of the monastery give an opportunity to highlight some of the unknown facts on library science and find rare editions of Ukrainian culture heritage.

scholarly journals Contribution of Romanian speaking scientists in the development of geographic researches in Bukovina

2015 ◽  
pp. 103-110
Author(s):  
Hanna Yeremiia
Keyword(s):  
Key Words ◽  
Human Activities ◽  
Aquatic Ecosystems ◽  
Science Research ◽  
Environmental Reconstruction ◽  
Scientific Heritage ◽  
Essential Condition ◽  
National University ◽  
History Of ◽  
Scientific Achievements

The research and discovery of unknown pages of Ukrainian geography is an essential condition for the development of all areas of scientific and geographical process. The study and research of scientific heritage of Romanian speaking geographers is one of the modern trends in the history of geographic science. The article is devoted to the investigation of the contribution of Romanian speaking scientists in the development of geographical researches in Bukovina. Also are analyzed their scientific achievements in this branch, are made translations of the works and is described the content of main publications. The purpose of the article is to describe the scientific achievements of outstanding Romanian speaking scientists working in the field of geography, to analyze their main researching works and reveal the results of the scientific researches. The researches and discoveries of unknown pages of Ukrainian geography is essential condition for the development of all areas of scientific and geographical process. The study and research of scientific heritage of Romanian speaking geographers is one of the modern trends in the history of geography. Among the not much explored pages of scientific heritage of Ukrainian speaking geographers are Romanian scientists who have made significant contributions to the development of geographical researches in Bukovina and Chernivtsi National University: Evhen Botezat, Traian Shtefuryak, Yemil Pop, Orest Marku, George Buzhoryan and others. The direction of their researches was diverse. The scientists analyzed the influence of various factors on the environment, characterized the importance of pests for forest and aquatic ecosystems. Also, Romanian speaking scientists have also contributed to the restoration of protected areas in the Chernivtsi region, proposed new experimental measures for environmental protection, environmental reconstruction of the regions affected by human activities and more. Thus, the article described the main areas of research Romanian speaking scientists in Chernivtsi University and their contribution to the development of geographical science in Bukovina, as the need to study and to use the results of scientific research in order to enrich the modern Ukrainian geography. Key words: geographical science, research, scientists, publications, ecosystem conservation activities

Paroxysmal Nocturnal Hemoglobinuria: An Historical Overview

Hematology ◽  
2008 ◽  
Vol 2008 (1) ◽  
pp. 93-103 ◽  
Author(s):  
Charles J. Parker
Keyword(s):  
Paroxysmal Nocturnal Hemoglobinuria ◽  
Genetic Basis ◽  
Alternative Pathway ◽  
History Of ◽  
Alternative Pathway Of Complement ◽  
The Times ◽  
The 19Th Century ◽  
German Physician ◽  
Paroxysmal Cold Hemoglobinuria ◽  
Scientific Achievements

Abstract The clinical hallmark of paroxysmal nocturnal hemoglobinuria (PNH) is episodic hemoglobinuria, and it was this feature that captured the attention of European physicians in the latter half of the 19th century, resulting in careful observational studies that established PNH as an entity distinct from paroxysmal cold hemoglobinuria and march hemoglobinuria. Curiosity about the etiology of the nocturnal aspects of the hemoglobinuria led the German physician Paul Strübing to develop the prescient hypothesis that the erythrocytes of PNH are abnormally sensitive to hemolysis when the plasma is acidified during sleep because of accumulation of carbon dioxide and lactic acid as a result of slowing of the circulation. Investigation of the intricate pathophysiology that underlies the abnormal sensitivity of PNH erythrocytes to hemolysis in acidified serum produced a number of remarkable scientific achievements that involved discovery of the alternative pathway of complement, identification of the membrane proteins that regulate complement, discovery of a novel mechanism for attachment of proteins to the cell surface, and identification of the genetic basis of the disease. These discoveries were made steadily over a period of more than 100 years, and each generation of physicians and scientists made important contributions to the field. The mysteries of PNH have been solved in a particularly satisfying way because the precision and orderliness of the solutions made clearly understandable what had seemed at the times prior to resolution to be problems of nearly insurmountable complexity. The history of PNH is an inspirational reminder of the elegant complexity of nature, the rewards of curiosity and the power and beauty of science.

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