A Forgotten Lighthouse of International Law: Heinrich Lammasch and the League of Nations

2021 ◽  
Vol 62 (1) ◽  
pp. 245-274
Author(s):  
Markus P. Beham
Keyword(s):  
International Law ◽  
League Of Nations

The Hague Codification Conference

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller
Keyword(s):  
International Law ◽  
League Of Nations ◽  
International Conference ◽  
The Hague ◽  
Set Up

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.

scholarly journals The Phoenix of Colonial War: Race, the Laws of War, and the ‘Horror on the Rhine’

2017 ◽  
Vol 30 (4) ◽  
pp. 847-875 ◽  
Author(s):  
ROTEM GILADI
Keyword(s):  
International Law ◽  
Recent Literature ◽  
League Of Nations ◽  
Laws Of War ◽  
Black Soldiers ◽  
French Colonial ◽  
The Law ◽  
The Moment ◽  
Imperial Governance ◽  
The Phoenix

AbstractThe article explores the demise of the ‘colonial war’ category through the employment of French colonial troops, under the 1918 armistice, to occupy the German Rhineland.It traces the prevalence of – and the anxieties underpinning –antebellumdoctrine on using ‘Barbarous Forces’ in ‘European’ war. It then records the silence ofpostbellumscholars on the ‘horror on the Rhine’ – orchestrated allegations of rape framed in racialized terms of humanity and the requirements of the law of civilized warfare. Among possible explanations for this silence, the article follows recent literature that considers this scandal as the embodiment of crises in masculinity, white domination, and European civilization.These crises, like the scandal itself, expressedantebellumjurisprudential anxieties about the capacity – and implications – of black soldiers being ‘drilled white’. They also deprivedpostbellumlawyers of the vocabulary necessary to address what they signified: breakdown of the laws of war; evident, self-inflicted European barbarity; and the collapse of international law itself, embodied by the VersaillesDiktattreating Germany – as Smuts warned, ‘as we would not treat akaffirnation’ – as a colonial ‘object’, as Schmitt lamented.Last, the article traces the resurgence of ‘colonial war’. It reveals how, at the moment of collapse, in the very instrument embodying it, the category found a new life. Article 22(5) of the League of Nations Covenant (the Covenant) reasserted control over the colonial object, furnishing international lawyers with a new vocabulary to address the employment of colonial troops – yet, now, as part of the ‘law of peace’. Reclassified, both rule and category re-emerged, were codified, and institutionalized imperial governance.

scholarly journals ‘The Life of Individuals as well as of Nations’: International Law and the League of Nations’ Anti-Trafficking Governmentalities

2012 ◽  
Vol 25 (3) ◽  
pp. 647-664 ◽  
Author(s):  
STEPHEN LEGG
Keyword(s):  
International Relations ◽  
International Law ◽  
General Public ◽  
League Of Nations ◽  
Voluntary Organizations ◽  
International Mobility ◽  
Nation States ◽  
Trafficking In Women ◽  
Legal Model ◽  
Women And Children

AbstractThis paper will address an often-neglected agenda of the much-derided League of Nations: its ‘social’ and ‘technical’ works. These targeted human security through regulating different forms of international mobility, including the fight against trafficking in women and children. The League used conventions and conferences to commit nation-states, in a legal model, to standardized anti-trafficking measures. It also, however, worked to educate and inform states, voluntary organizations, and the general public about the nature of trafficking and the ways of combating it. The latter techniques are here interpreted using Foucault's governmentality writings, which encourage us to look beyond the juridical epistemologies of international relations and international law, but not beyond the interlacing of laws and norms, here explored through interwar League governmentalities.

The Idea of Just War

2021 ◽  
pp. 141-142
Author(s):  
Martin Wight
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
International Law ◽  
Middle Ages ◽  
National Policy ◽  
League Of Nations ◽  
Holy War ◽  
The Soviet Union ◽  
The Right ◽  
The Cold War

In this note Wight describes pendulum swings in opinion about the requirements of justice in war in Western civilization since the Middle Ages. Medieval Catholicism emphasized the righteousness of the ruler’s cause and asserted orthodoxy against infidels or heretics. Prominent writers on international law in the seventeenth and eighteenth centuries (Gentili, Grotius, and Vattel) marked a shift toward secularization and rationalism (with both sides usually able to claim justice) and restraint in the laws of war governing the methods of combat. Moser’s study of international law, published in 1777–1780, was representative of an ‘age of positivism’ (1763–1918) in which all sovereign states had a right to resort to war or to remain neutral, while codifying obligations concerning the conduct of war. The Covenant of the League of Nations, signed in 1919, initiated a return to restrictions on the right to resort to war, reinforced by the 1928 Kellogg–Briand Pact, also known as the General Treaty for the Renunciation of War as an Instrument of National Policy, which was upheld by the Nuremberg Tribunals. The Covenant ruled out aggression as unjust, while action in defence of the Covenant would be just by enforcing collective security. The Soviet Union reintroduced Holy War with its view of the Great Patriotic War (World War II) and the Cold War as just causes that advanced Communist revolutionary objectives. Counter-force strategies of nuclear deterrence may be regarded as strengthening restraint in the methods of war, compared to counter-value or ‘anti-city’ approaches.

The League of Nations between Scientific Knowledge and Political Dependence

2020 ◽  
Vol 29 (2) ◽  
pp. 188-202
Author(s):  
Dimitar Tyulekov ◽  
Ilko Drenkov ◽  
Jani Nikolla
Keyword(s):  
United Nations ◽  
International Law ◽  
Scientific Knowledge ◽  
League Of Nations ◽  
Peace Building ◽  
The Balkans ◽  
Political Outcomes ◽  
Border Dispute ◽  
The United Nations ◽  
Post War

The League of Nations sets strict professional frameworks that are subordinate to scientific knowledge and international law and respect, without any differences between small and big powers. The first chairman, Eric Drummond, who headed up to 1934, established a huge international prestige of the organization and achieved a number of successes in peace building. The League’s policy in the Balkans is revealed mainly through its relations with Albania and Bulgaria, which both joined the League in December 1920. The two countries rely on the international organization for the peaceful resolution of their political, minority and social problems. Under the supervision of the League of Nations, a number of agreements for voluntary and mutual exchange of people between Greece and Bulgaria are being concluded, which aims to soothe the Macedonian problem in Aegean Macedonia. Under her patronage are the agreements between Greece and Albania regulating the protection of Greek minorities and schools, as well as settling the border dispute between the Serb-Croat-Slovene Kingdom and Albania in 1921. The rapid intervention of the United Nations suspended the Greek aggression on Bulgarian territory in the autumn of 1925 and prevented a possible new war. Dimitar Shalev's petitions from Skopje to the United Nations aim to achieve the Yugoslav state's humane treatment towards Bulgarian minorities within its borders, but political dependencies and overlapping contradictions are an obstacle to peaceful and sustainable political outcomes. In the second half of the 1930s, the League lost its initial prestige, and in the course of the emerging new global conflict it fell into political dependence, marking its collapse. Unresolved issues and contradictions, along with the harsh political post-war realities, quickly bury the League’s noble impetus.

The Concept of Aggression in International Law

1935 ◽  
Vol 29 (3) ◽  
pp. 373-395 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
International Law ◽  
League Of Nations ◽  
The Press ◽  
Arms Embargo ◽  
Chaco War

The press reports characterized the resolution of the Chaco Commission of the League of Nations Assembly as amounting “to condemning Paraguay henceforth as the aggressor in the Chaco War.” This resolution of January 16, 1935, recommended a raising of the arms embargo in behalf of Bolivia, because Bolivia had accepted and Paraguay had rejected the Assembly’s report made on November 24, 1934, under Article 15, paragraphs 4 and 9 of the Covenant.

The British Mandate of Palestine and International Law

2019 ◽  
Author(s):  
John Quigley
Keyword(s):  
International Law ◽  
Governance Structure ◽  
Technical Note ◽  
League Of Nations ◽  
Class A ◽  
Class B ◽  
Territorial Status ◽  
Mandate System ◽  
Prior Analysis

The establishment of Great Britain’s mandate over Palestine generated complex issues of international law. The mandate system was devised at the Paris Peace Conference with little prior analysis that might have given a clear answer as to its meaning. Complicating any analysis was the fact that three varieties of mandate were established, as Classes A, B, and C, with differing roles for the mandatory power. The Palestine Mandate was a Class A mandate, meaning a more robust status than that provided for Class B or C territories. Even within Class A differences existed. The three Class A mandates were Mesopotamia (Iraq), Syria, and Palestine. Mesopotamia (Iraq) and Syria each had a local administration with the mandatory power in an advisory capacity, whereas in Palestine the administration consisted of British personnel. The mandate system was criticized at the time as a continuation of colonial rule in a new guise. Feeding this criticism was the fact that in Great Britain’s governance structure, the Palestine Administration fell under the supervision of the Secretary for the Colonies. At the same time, Great Britain was subject to oversight by the League of Nations, through its Permanent Mandates Commission, and was enjoined to work toward relinquishing its role. Great Britain’s mandate over Palestine was further complicated by the fact that it involved a further injunction, namely, to foster a “Jewish national home” there. A notion of self-determination of peoples was becoming acknowledged at this period, and it was unclear how the concept of a “Jewish national home” might impact the population of Palestine, which was overwhelmingly Arab. Among international law writers of the 1920s, the mandate system generated a veritable cottage industry of scholarship, as they strained to fit it into existing categories of territorial status. Virtually every major international law analyst of the era expressed an opinion, with a number of them writing substantial volumes on the mandate system in general, or on Great Britain’s Palestine Mandate in particular. A technical note: The name “Henri Rolin” can be a source of confusion, as two Belgian scholars by this name wrote about the mandates in the interwar period. The dates of the elder Rolin are 1874–1946. The dates of the younger Rolin are 1891–1973. In the entries, each Rolin is identified by his dates.

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