From Versailles to the Kellogg-Briand Pact: Prohibiting and Justifying Aggression in the Interbellum

2021 ◽  
Vol 62 (1) ◽  
pp. 211-244
Author(s):  
Jochen von Bernstorff
Keyword(s):  
Interwar Period ◽  
Legal Discourse ◽  
Great Powers ◽  
Substantial Part ◽  
Military Interventions ◽  
The Core ◽  
Sovereign Equality ◽  
Military Violence ◽  
New Instruments ◽  
Self Defence

Abstract: The article is a historical re-description of international legal debates concerning the ius ad bellum in the Interwar period (1919–1936). Using a core/periphery heuristic, it is demonstrated that the normative changes created by the League Covenant and the Kellogg-Briand Pact were being drafted and interpreted by the great powers in a way that still allowed them to justify military interventions in their peripheries. Even military violence between Western states could only be partially outlawed by these instruments. Legal uncertainties produced during the drafting of the new instruments could readily be exploited by the Western dominated international legal discourse. And yet, with the principle of sovereign equality on the rise in the Interbellum, and the battle of semi-periphery governments against the ‘standard of civilisation', traditional justifications for military violence came under increasing pressure. At that very moment, international lawyers in the core introduced a broader understanding of self-defence, gradually replacing former justifications for military interventions both within the core and in the peripheries of Western powers. All of this taken together in practice arguably consumed a substantial part of the alleged ‘progress' made by international legal pacifism in the Interbellum.

Colonies, semi-sovereigns, and great powers: IGO membership debates and the transition of the international system

2019 ◽  
Vol 46 (2) ◽  
pp. 278-298
Author(s):  
Ellen J. Ravndal
Keyword(s):  
Latin America ◽  
International System ◽  
Transition States ◽  
International Norms ◽  
Great Powers ◽  
Great Power ◽  
Sovereign State ◽  
The Core ◽  
The Past ◽  
Sovereign Equality

AbstractHow did the transition from a world of empire to a global international system organised around the sovereign state play out? This article traces the transition over the past two centuries through an examination of membership debates in two prominent intergovernmental organisations (IGOs). IGOs are sites of contestation that play a role in the constitution of the international system. Discussions within IGOs reflect and shape broader international norms, and are one mechanism through which the international system determines questions of membership and attendant rights and obligations. The article reveals that IGO membership policies during this period reflected different compromises between the three competing principles of great power privilege, the ‘standard of civilisation’, and universal sovereign equality. The article contributes to Global IR as it confirms that non-Western agency was crucial in bringing about this transition. States in Africa, Asia, and Latin America championed the adoption of the sovereignty criterion. In this, paradoxically, one of the core constitutional norms of the ‘European’ international system – the principle of sovereign equality – was realised at the hands of non-European actors.

scholarly journals Costa, cancer and coronavirus: contractualism as a guide to the ethics of lockdown

2021 ◽  
pp. medethics-2020-107103
Author(s):  
Stephen David John ◽  
Emma J Curran
Keyword(s):  
Moral Theory ◽  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Benefit Analysis ◽  
Life And Death ◽  
The Third ◽  
The Core ◽  
Key Issues ◽  
Moral Distinction ◽  
Self Defence

Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis (CBA), a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges.

Seeking Justice among the 'Outsiders': Christian Recourse to Non-Ecclesiastical Judicial Systems under Early Islam

2009 ◽  
Vol 89 (1) ◽  
pp. 191-216 ◽  
Author(s):  
Uriel Simonsohn
Keyword(s):  
Legal Discourse ◽  
Legal Pluralism ◽  
Near Eastern ◽  
The Core ◽  
Social Agenda ◽  
The Social ◽  
Early Islam ◽  
Social Heterogeneity ◽  
Judicial Systems

AbstractThe phenomenon of Christian recourse to non-ecclesiastical judicial systems during the first few centuries following the Muslim conquest is at the core of this paper. This phenomenon not only alludes to a reality of legal diversity but also to the social heterogeneity that has characterized Near Eastern societies long before the Arab takeover. Through the adoption of the legal-anthropological paradigm of legal pluralism and the examination of West Syrian legal sources, the paper seeks to identify the social agenda of West Syrian ecclesiastical leaders. Much of the discussion revolves around the term 'outsiders', barrāyē, and attempts to delineate the term's various meanings within the legal discourse.

Comintern Aesthetics in the Andes: The Indigenous Revolutionary

2021 ◽  
Vol 85 (4) ◽  
pp. 443-473
Author(s):  
Anna Björk Einarsdóttir
Keyword(s):  
Latin America ◽  
Soviet Union ◽  
Latin American ◽  
Interwar Period ◽  
World System ◽  
Political Connections ◽  
Cesar Vallejo ◽  
The Core ◽  
The Andes ◽  
The Soviet Union

The fight against imperialism and racism was central to the Comintern's political and cultural program of the interwar period. Although the more immediate interests of the Soviet state would come to overshadow such causes, the cultural and political connections forged during this time influenced later forms of organizing. Throughout the interwar period (1918-39), the Soviet Union served as the core location of a newly formed world-system of socialist and communist radicalism. The origin of Latin American Marxism in the work of the Peruvian theorist and political organizer José Carlos Mariátegui, as well as the politically committed literature associated with the interwar communist left in the Andean region of Latin America, shows how literature and theory devoted to the indigenous revolutionary contributed to interwar Marxist debates. The interwar influence of Mariátegui and César Vallejo makes clear the importance of resisting attempts to drive a wedge between the two authors and the broader communist movement at the time.

scholarly journals Introduction: Physics, Technology, and Technics during the Interwar Period

2018 ◽  
Vol 31 (3) ◽  
pp. 251-261
Author(s):  
Shaul Katzir
Keyword(s):  
World War Ii ◽  
Cold War ◽  
Interwar Period ◽  
Scientific Inquiry ◽  
Government Funding ◽  
World War ◽  
The Core ◽  
Historical Processes ◽  
The University ◽  
University Industry

Historians, philosophers, and physicists portray the 1920s and 1930s as a period of major theoretical breakthrough in physics, quantum mechanics, which led to the expansion of physics into the core of the atom and the growth and strengthening of the discipline. These important developments in scientific inquiry into the micro-world and light have turned historical attention away from other significant historical processes and from other equally important causes for the expansion of physics. World War II, on the other hand, is often seen as the watershed moment when physics achieved new levels of social and technical engagement at a truly industrial scale. Historians have shown that military interests and government funding have shaped physics to unprecedented degree, and according to some, to the extent of discontinuity with earlier practices of research (Forman 1987; Kevles 1990; Kaiser 2002). In this vein, Stuart Leslie wrote, “Nothing in the prewar experience fully prepared academic scientists and their institutions for the scale and scope of a wartime mobilization that would transform the university, industry, and the federal government and their mutual interrelationships” (Leslie 1993, 6). While one can never befullyready for novelties, the contributors to this issue show that developments in interwar physics did prepare participants for their cold war interactions with industry and government.

Immoderate greatness: Is great power restraint a practical grand strategy?

2016 ◽  
Vol 2 (1) ◽  
pp. 111-132 ◽  
Author(s):  
Tudor Onea
Keyword(s):  
Fifteenth Century ◽  
Use Of Force ◽  
Great Powers ◽  
Great Power ◽  
Grand Strategy ◽  
Political Actors ◽  
Victorian Britain ◽  
Scaling Down ◽  
Splendid Isolation ◽  
Self Defence

AbstractThe article examines when and how often great powers are likely to follow a grand strategy of restraint and whether there is any evidence that they have ever done so. The question has considerable implications for the ongoing US grand strategy debate. Restraint refers to the practice of self-discipline in the use of force for self-defence or for addressing massive power imbalances; and in extending security commitments to foreign political actors. The first part of the article examines statistics in the last two hundred years on great power involvement in wars and disputes as well as on their commitments to alliances and dependencies. The second part considers whether two seeming cases of the dominant power scaling down its international involvement – Ming China withdrawal from naval mastery in the fifteenth century and Victorian Britain splendid isolation – represent instances of genuine restraint.

The Resurgence of Interwar Germany

2017 ◽  
Author(s):  
David M. Edelstein
Keyword(s):  
Great Britain ◽  
Soviet Union ◽  
Interwar Period ◽  
Great Powers ◽  
Great Power ◽  
Short Term ◽  
Time Horizons ◽  
The Soviet Union

While Hitler’s Germany in the 1930’s has received abundant attention, this chapter begins earlier in the interwar period. Throughout the 1920’s, Europe’s great powers debated how to manage a defeated Germany that had the latent power potential to again become a great power. This chapter traces how Great Britain, France, and the Soviet Union addressed this challenge. It argues that all three of these European powers preferred to cooperate with Germany in the short-term rather than paying the high cost of competing with Germany when it had uncertain long-term intentions. This explanation based on time horizons is superior to alternative explanations based on either buckpassing or engagement.

The Limitations of Traditional Rules and Institutions Relating to the Use of Force

2016 ◽  
Author(s):  
Michael Glennon
Keyword(s):  
International Cooperation ◽  
Use Of Force ◽  
Jus Ad Bellum ◽  
Sovereign Equality ◽  
Self Defence

This chapter examines the limitations of traditional rules and institutions with respect to the use of force. It considers international cooperation in managing the use of force, and whether and when the use of force is justified, within the framework of the jus ad bellum. The chapter discusses three factors that help to explain why the rules and institutions that regulate the use of force have not been effective. First is the weakness of international law’s secondary rules concerning consent, obligation, and causation. Second is the weaknesses in the UN Charter rules due to deficiencies in the wording of the rules themselves, especially with regard to pre-emptive self-defence. Third is the weakness in compliance resulting from the UN Security Council’s dysfunctionality, in part due to the UN’s professed reliance upon the principle of sovereign equality.

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