Staatshaftung im Ausnahmezustand

2020 ◽  
Author(s):  
Philipp Siegert
Keyword(s):  
International Law ◽  
The State ◽  
Legal Responsibility ◽  
State Of Emergency ◽  
State Action ◽  
Liability Law ◽  
Constitutional State ◽  
The First World War ◽  
State Liability ◽  
First World

The First World War represented the 'primordial experience' of the modern constitutional state with the state of emergency. Guided by the question of the legal responsibility of the state under such circumstances, this comparative study examines state liability law in Germany and France between 1914 and 1918. Categories of 'legitimate' and 'illegitimate' state action that were missing or even contradicted each other in pre-war international law were sanctioned by the peace treaties. Despite further turning points in the 20th century, the basic elements of today's international order can be traced back to decisions made in 1919. This applies in particular to the responsibility of states under international law, which is elaborated against the background of the liability law of both countries concerning destruction, expropriation and economic war measures.

scholarly journals Scientists of the State, Science of the State, and the State: Austrian and German Public Lawyers in the Short 20th Century Part 1: The Age of Catastrophe, 1914-1945

2012 ◽  
Vol 5 (2) ◽  
pp. 109-131
Author(s):  
Roman Puff
Keyword(s):  
Cold War ◽  
International Law ◽  
The State ◽  
World War ◽  
Regime Changes ◽  
The First World War ◽  
Biographical Sketches ◽  
The Cold War ◽  
The Impact ◽  
First World

ABSTRACT Between the First World War and the end of the Cold War, Germany and Austria, whose legal cultures were highly interdependent in terms of persons, conceptions, and institutions, saw eleven or twelve fundamentally different regimes, depending on the interpretation of Austria’s status from 1938-45. Lawyers often ensured the legal functioning of these regimes and legitimized their existence. This again affected their notions of law, legality, and justice, and of the principles underlying these concepts, as well as their personal preferences and societal roles. Based on the analysis of about two hundred biographical sketches of Austrian and German lawyers, mostly from the field of public (international) law, of about 2,500 contributions to the leading “(Österreichische) Zeitschrift für öffentliches Recht” from 1914 to 1945, and of the respective legal history-literature, this contribution analyzes the relation of Austrian and German lawyers to their respective states and regimes, and outlines the typical patterns of how they were affected by regime changes and how they reacted to them. Proceeding from this analysis, in the second part of this study, the relation between lawyers and the state until the end of the cold war will be illustrated and it will be shown that some typical patterns in the lawyers’ reaction to regime changes can be identified. Also the impact the state-lawyers-relation had on the development of Austria and Germany to stable, functioning democracies will be outlined.

International Law in Public Debate

2021 ◽  
Author(s):  
Madelaine Chiam
Keyword(s):  
International Law ◽  
Vietnam War ◽  
Iraq War ◽  
World War ◽  
Parliamentary Debates ◽  
State Action ◽  
The People ◽  
The First World War ◽  
Public Debates ◽  
First World

Public debates in the language of international law have occurred across the 20th and 21st centuries and have produced a popular form of international law that matters for international practice. This book analyses the people who used international law and how they used it in debates over Australia's participation in the 2003 Iraq War, the Vietnam War and the First World War. It examines texts such as newspapers, parliamentary debates, public protests and other expressions of public opinion. It argues that these interventions produced a form of international law that shares a vocabulary and grammar with the expert forms of that language and distinct competences in order to be persuasive. This longer history also illustrates a move from the use of international legal language as part of collective justifications to the use of international law as an autonomous justification for state action.

The French Nitrogen Industry during the Interwar Period: The Ambiguous Relationship between the State and Manufacturers

2021 ◽  
Vol 62 (1) ◽  
pp. 191-212
Author(s):  
Michael Llopart
Keyword(s):  
Market Competition ◽  
The State ◽  
Nitrogen Fertilizers ◽  
Private Industry ◽  
Public And Private ◽  
The Public ◽  
The First World War ◽  
French Case ◽  
International Cartel ◽  
First World

Abstract At the end of the First World War, the French government seized the opportunity to acquire the chemical processes of the German firm BASF, including the Haber-Bosch process. This patent made it possible to synthesize nitrogen from the air and thus produce nitrogen fertilizers in large quantities. French industrialists, however, refused to acquire these patents, and to make up for this lack of private sector involvement, the French Parliament decided in 1924 to create a national plant (ONIA), which became the first state-owned plant to be exposed to market competition. The intention was for the ONIA to supply the army with nitric acid in times of war, and, in peacetime, to sell fertilizers at the lowest possible prices in order to curb the monopoly of the private industry cartel. The purpose of this article is therefore to study the establishment and organisation of the French market for nitrogen fertilisers during the inter-war period by raising a number of questions about the ambiguous and complex relations between the state and private industry in this strategic sector. Why was the state policy initiated with the ONIA not successful at first? From 1927-1928, once the ONIA was operational, why and how did the public and private players jointly organise the marketing of fertilisers even though their interests were partially divergent? From the economic crisis of the 1930s onwards, how did the regulation of this mixed market evolve and how were public/private tensions overcome? In the French case, why did French producers leave the international cartel very early on in favour of state protectionism? And finally, to what extent can it be said that this “managed economy” framework succeeded in satisfying all the players in the French nitrogen industry?

Amnesties in the Light of Developments in International Law and the Establishment of the International Criminal Court

2002 ◽  
Vol 51 (1) ◽  
pp. 91-117 ◽  
Author(s):  
Jessica Gavron
Keyword(s):  
International Law ◽  
Second World War ◽  
Criminal Court ◽  
World War ◽  
Military Tribunal ◽  
War Criminals ◽  
The First World War ◽  
The Impact ◽  
Second World ◽  
First World

Amnesties presuppose a breach of law and provide immunity or protection from punishment. Historically amnesties were invoked in relation to breaches of the laws of war and were reciprocally implemented by opposing sides in an international armed conflict. The impact of the two world wars in the first half of the twentieth century, however, had considerable implications not only for the use of amnesties, but also for their legality under international law. The scale of the First World War precipitated a new phase of unilateral amnesty for the victors and prosecutions of war criminals for the defeated aggressor states.1 This precedent was followed after the Second World War,2 with the establishment of the first ‘international’3 criminal court, the International Military Tribunal at Nuremberg. However, the horrors perpetrated during the Second World War also prompted the development of a branch of international law aimed at recognising and protecting human rights in an attempt to prevent such atrocities being repeated.

scholarly journals The Policy of Poland and Romania Concerning Interned Army of the Ukrainian People's Republic (1921–1924s): Modern Domestic Historiography

2021 ◽  
pp. 118-129
Author(s):  
Mykola Stopchak ◽  
Keyword(s):  
Comprehensive Analysis ◽  
The State ◽  
Significant Progress ◽  
National Interests ◽  
Scientific Analysis ◽  
The First World War ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
First World

The article focuses on a comprehensive analysis of the historiographical achievements of modern Ukrainian historians on the policy of the leadership of Poland and Romania regarding the interned in the camps of these countries, the Army of the Ukrainian People's Republic. The methodological basis of the study comprises the principles of historicism, objectivity and systematics. General scientific and special research methods were used in solving the set tasks: historiographical analysis and synthesis of knowledge development, generalization, quantitative, historical-comparative, chronological, retrospective, etc. The scientific novelty of the work lies in a comprehensive analysis of the state of study in modern domestic historiography of the policy of the leadership of Poland and Romania during 1921-1924s concernig interned Army of the UPR. Conclusions. The analysis of the historiographical achievements of modern Ukrainian historians proved they have made significant progress in studying the scientific field. Having gained access to previously closed domestic and foreignarchival materials, scholars of independent Ukraine cooperated with foreign historians and rejected unscientific, ideologically biased approaches and conclusions of Soviet historiography regarding the policy of the Polish and Romanian leadership towards the interned army. The shortcomings of Ukrainian foreign historiography on this problem, which consisted of a number of inaccuracies and a weak source base, were eliminated, which led to the distortion of historical realities. Domestic historians have clearly shown that the policy pursued by the governments of Poland and Romania regarding the internment of the UPR Army in the camps of these countries was aimed at ensuring their own national interests. It varied depending on the state of relations with its aggressive northern neighbor – Bolshevik Russia. The orientation of this policy was significantly influenced by the position of the Entente states, the victors of the First World War/ They viewed the UPR Army as a force capable of counteracting the expansionist aspirations of Bolshevik Russia. At the same time, despite significant progress in the study of this topic, especially in the 1990s – early XXI century, in the last twenty years, domestic historians didn’t pay enough attention to its study. A number of aspects of this problem remain unexplored and require further scientific analysis.

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