scholarly journals The “Right to Wage War” against Empire: Anticolonialism and the Challenge to International Law in the Indian National Army Trial of 1945

2019 ◽  
Vol 44 (2) ◽  
pp. 420-443
Author(s):  
Mithi Mukherjee
Keyword(s):  
World War Ii ◽  
International Law ◽  
World War ◽  
British Colonial ◽  
Indian National Army ◽  
Imperial Japan ◽  
Radical Claim ◽  
The Right ◽  
Colonial Government

This Article treats the Indian National Army Trial of 1945 as a key moment in the elaboration of an anticolonial critique of international law in India. The trial was actually a court-martial of three Indian officers by the British colonial government on charges of high treason for defecting from the British Indian Army, joining up with Indian National Army forces in Singapore, and waging war in alliance with Imperial Japan against the British. In this trial, the defense made the radical claim that anticolonial wars fought in Asia against European powers were legitimate and just and should be recognized as such under international law. The aim of this Article is to draw attention to the understudied role of anticolonial movements in challenging the premises of international law in the aftermath of World War II.

The Origins of Human Rights in Global Health

2018 ◽  
Author(s):  
Lawrence O. Gostin ◽  
Benjamin Mason Meier
Keyword(s):  
Public Health ◽  
Human Rights ◽  
World War Ii ◽  
Global Health ◽  
International Law ◽  
Right To Health ◽  
Right To Health Care ◽  
Global Standards ◽  
The Right

This chapter introduces the foundational importance of human rights for global health, providing a theoretical basis for the edited volume by laying out the role of human rights under international law as a normative basis for public health. By addressing public health harms as human rights violations, international law has offered global standards by which to frame government responsibilities and evaluate health practices, providing legal accountability in global health policy. The authors trace the historical foundations for understanding the development of human rights and the role of human rights in protecting and promoting health since the end of World War II and the birth of the United Nations. Examining the development of human rights under international law, the authors introduce the right to health as an encompassing right to health care and underlying determinants of health, exploring this right alongside other “health-related human rights.”

scholarly journals Labor Migrants from the CIS Countries to Russia: Scope, Aspects, Problems

2020 ◽  
pp. 185-193
Author(s):  
M. Khokhlova
Keyword(s):  
World War Ii ◽  
Social Contexts ◽  
World War ◽  
Host Countries ◽  
National Interests ◽  
Melting Pot ◽  
Labor Migrants ◽  
Cis Countries ◽  
The Right

The decline of the role of a national state after World War II, which went against the conservative idea, inseparable from the awareness of national interests and the right of citizens to control the size and composition of the population of their own country, influenced approaches to the problem of migration. The movement of migrant flows from the CIS countries to the Russian Federation fits into the objective migration process taking place in the world, which is characterized by movement from the periphery to the center. Russia continues to be the center and attracts residents of the periphery of the once unified state, its per capita GDP figures continuing to differ favorably from those recorded in the former Soviet republics. The process inevitably leads to problems of adaptation of migrants in a receiving country. The article examines the evolution of attitude towards the problem of inclusion of migrants into society of the host countries from the so-called “melting pot”, meaning their complete assimilation, to transnationalism that allows people to have two or more cultural identities and be involved in multiple social contexts. The economic motivation of employers preferring to hire immigrants from the CIS countries, who are more “competitive” in comparison with domestic specialists claiming decent working conditions and pay, often prevails.

Collaborators! Aftermath of Wartime Support for the INA among Indians in China

China Report ◽  
2018 ◽  
Vol 54 (3) ◽  
pp. 325-340
Author(s):  
Nirmola Sharma
Keyword(s):  
World War Ii ◽  
Colonial Rule ◽  
World War ◽  
Indian Community ◽  
Political Activities ◽  
Indian Immigrants ◽  
The World ◽  
British Colonial ◽  
Indian National Army ◽  
Sizeable Number

This article discusses the plight of the Indian community in China after the World War II. During the World War II, a sizeable number of Indian immigrants in China had been mobilised under the banner of the Indian National Army (INA), which was fighting for freedom from British colonial rule in alliance with Japan. This article seeks to understand the complex problems faced by the Indians in China in the aftermath of the War both because of the general dislocation they had suffered on account of war and occupation, and also because of their active or passive participation in a movement seen as ‘collaborationist’. It looks at how, for the British, Chinese and even Indian authorities, the issue of their status as ‘collaborators’ coloured the humanitarian issue of providing relief to a severely afflicted community. It also attempts to show how the wartime political activities of Indians in China not only had immediate consequences for them but also in some cases had an afterlife, which lasted for quite a few years after the War.

Durrell, Lawrence (1912–1990)

2018 ◽  
Author(s):  
James Gifford
Keyword(s):  
World War Ii ◽  
Colonial Rule ◽  
World War ◽  
Black Book ◽  
Alexandria Quartet ◽  
British Colonial ◽  
The Right ◽  
Experimental Novel ◽  
Aesthetic Concepts

Lawrence Durrell was born in Jalandhar, India under British colonial rule. Both his parents were born in India and never saw England before 1923 when they sent him ‘home’ for schooling. This experience shaped his writing career, and themes of expatriation and exile appear in his autobiographical first novel about this period, Pied Piper of Lovers (1935). Durrell was involved in English Surrealism and formed some of his key aesthetic concepts from Henry Miller’s anarchist rebuttal to surrealism’s communism. He left England in 1935 for Greece, and this move and post-surrealist aesthetic is reflected in his first major experimental novel The Black Book (1938). He did not make England his long-term home again, and after 1968 was designated a British non-patrial without the right to enter or settle in Britain without a visa. His writing career included works from 1931 to 1990, bridged late modernist and postmodern writing, and retained a baroque prose style even as realism grew more fashionable after World War II. He is most famous for his four-volume series The Alexandria Quartet (1957–1962).

Part I The International Law of Tainted Money, 1 General Introduction: Some Problems Relating to the Role of International Law

2017 ◽  
Author(s):  
Grant Tom ◽  
Brent Richard
Keyword(s):  
World War Ii ◽  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
World War ◽  
General Introduction ◽  
Monetary System ◽  
Monetary Relations ◽  
The Law

This book is concerned with the emergence of an international law of money laundering. The Introduction explains that a re-ordering of international monetary relations after World War II necessitated new approaches to the law of money in general. Epochal changes in monetary relations across borders have resulted in review and revision of the rules of international law concerned with money, and, accordingly, governments, legislatures, courts, and commentators have needed to re-visit those rules occasionally. The international law of money laundering has mostly been grafted upon the world’s monetary system; it has not involved the creation of a completely new system. However, the Introduction argues, it has had a significant impact. The impetus that has led states and international organizations to adopt money laundering rules at the international level is a reaction to a threat, or series of threats, originating largely outside the system. These threats include: organized crime on an international and macro-economic scale; terrorism; and the need to change the conduct of some states. This book as a whole presents an account of international law in its present evolving state in the field of tainted money. The chapters herein aim to address the law as it currently is; and close with a look at where the future of money might take us and those who aim to regulate its misuse.

scholarly journals Reconciling State Immunity with Remedies for War Victims in a Legal Pluriverse

2021 ◽  
pp. 3-35
Author(s):  
Anne Peters ◽  
Valentina Volpe
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Human Rights Violations ◽  
World War ◽  
State Immunity ◽  
Modest Proposal ◽  
War Victims ◽  
Domestic Law

AbstractThe chapter explains the threefold aspiration of the book as an academic, societal, and diplomatic project. It introduces the three interwoven themes of international law arising in the German-Italian saga: state immunity, reparation for serious human rights violations committed during World War II, and the interplay between international and domestic law, notably the role of courts therein. The chapter proposes an approach of ‘ordered pluralism’ to coordinate this interplay, and finally tables a ‘modest proposal’ for a way out of the current impasse.

The Fate of the Koenigs Collection: Public and Private International Law Aspects

1997 ◽  
Vol 6 (1) ◽  
pp. 81-108 ◽  
Author(s):  
Andrea Gattini
Keyword(s):  
World War Ii ◽  
International Law ◽  
Cultural Property ◽  
Private Ownership ◽  
Private International Law ◽  
World War ◽  
German Government ◽  
Public And Private ◽  
Recent Developments

SummaryThe Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and the role of the German government is a difficult one to resolve, particularly in light of current claims for war reparations and recent developments in international law concerning the transfer of cultural property.

Vacant inheritance, heirless inheritance and claims from Warsaw Decree (part I)

2019 ◽  
Vol 2 ◽  
pp. 11-24
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
World War Ii ◽  
International Law ◽  
Capital City ◽  
World War ◽  
Inheritance Law ◽  
The Past ◽  
Northern Regions ◽  
Central Regions ◽  
Basic Solutions ◽  
The Right

In the reprivatisation procedures, conducted in Polish courts and before public administration bodies following the restoration of independence, it is increasingly frequently necessary to determine the person currently holding the right to restitution or compensation due to the death of the past owners. This means a necessity of determining the legal successors to people who held the right to nationalised (communalised) property, including – for individuals – their inheritors. Due to the principles of the international law applicable to people assigned during or immediately following the conclusion of World War II, it is connected with the necessity to apply the principles of then-current inheritance law. These will therefore be – in the western and northern regions of Poland, applicable provisions of the German civil law of 1896 (BGB), in the southern regions – the Austrian code of civil procedure of 1811 (ABGB), while in the central regions – the Napoleonic Code of 1804.The latter applies to the area of application of the decree dated 26 October 1945, which provides for the communalisation of land in Warsaw (on the ownership and usage of land within the boundaries of the capital city of Warsaw, so called Bierut’s Decree). This paper comprising two parts presents the basic solutions that refer to the institution of heirless inheritance (in the Napoleonic Code, also in ABGB), and so called vacant inheritance (les successions vacantes), which is a solution specific to French law, adopted in the territory of the Russian partition and which remained in force until 1947. The second part of this paper (in the next issue of the quarterly) will be devoted to an analysis of the consequences of deeming an inheritance to be vacant under the erstwhile art. 811 of the Napoleonic Code, and to the provisions of Polish intertemporal law that applied to this solution following the standardisation of inheritance law after 1946.

scholarly journals Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon

2011 ◽  
Vol 105 (1) ◽  
pp. 60-81 ◽  
Author(s):  
Dinah Shelton
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
International Law ◽  
Self Determination ◽  
Former Yugoslavia ◽  
Human Rights Law ◽  
World War ◽  
Territorial Integrity ◽  
The Right ◽  
Right Of Self Determination

The right of self-determination has long been celebrated for bringing independence and self-government to oppressed groups, yet it remains a highly controversial norm of international law. From the breakup of the Austro-Hungarian and Ottoman Empires after World WarI to the struggle of colonial territories for independence following World War II and the later dissolution of the former Yugoslavia, there has been an unavoidable conflict between the efforts of peoples to achieve independence and the demands of existing states to preserve their territorial integrity.

The Right of Nations to Self-Determination in the Context of the Regaining of Independence by Poland — an International-Law Analysis

2019 ◽  
Vol Special Issue ◽  
pp. 7-14
Author(s):  
Małgorzata Andrzejczak-Świątek
Keyword(s):  
World War Ii ◽  
International Law ◽  
French Revolution ◽  
Point Of View ◽  
Self Determination ◽  
World War ◽  
Human Rights Protection ◽  
The People ◽  
The Right

This article aims to show the problem of self-determination of the people in the light of contemporary standards of international law, as well as to compare them with the factual and legal basis of regaining independence by Poland in 1918. The principle of the right of people to self-determination as one of the basic rules of international law was proclaimed only after World War II, however, concepts conferring on the population living in a given territory to decide about themselves appeared before the French Revolution. The issue of the right to self-determination of people is extremely complex — after World War II, there was in this respect the development of treaty guarantees concluded with international agreements for the system of human rights protection, which sanctioned this right as the only subjective collective right. On the other hand, the practice of contemporary states on this issue is not uniform and largely depends on the acceptance of the facts by the international community. From the point of view of developing the right to self-determination of people, and thus the right to independence, the case of Poland is extremely interesting not only because of the historical and political background, but also because it can be treated as a precedent in international law in the context of recognition and acceptance of independence by the state.

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