A Legal Approach to International Terrorism

1974 ◽  
Vol 9 (2) ◽  
pp. 194-220 ◽  
Author(s):  
J. J. Lador-Lederer
Keyword(s):  
World War Ii ◽  
International Law ◽  
International Terrorism ◽  
World War ◽  
Great Loss ◽  
Treaty Of Versailles ◽  
Loss And Damage ◽  
The Social ◽  
The Right ◽  
International Morality

L'internationalisation du crime terroriste ne pouvait laisser indifférents les criminalistes et les internationalistes pas plus que les gouvernements, d'autant que, souvent, des crimes d'une telle gravité restent impunis, car à l'internationalisation du terrorisme ne répond encore l'internationalisation de la répression.Antoine Sottile, 1938The great upbuilding of international law which set in with the end of World War II did not overlook the penal aspects affecting the social substratum and organizational assignments of international law. Matters were no longer envisaged in the rather simplistic manner of Art. 231 of the Treaty of Versailles which had, authoritatively though not arbitrarily, decreed that “Germany accepts the responsibility … for causing all the loss and damage to which Allied and Associated Governments and their nationals had been subjected as a consequence of the war imposed on them by the aggression of Germany and her allies”, and, not less authoritatively, though more arbitrarily, decided “publicly [to] arraign William II for a supreme offence against international morality and the sanctity of treaties”. More realistically, Art. 228 postulated the “right of the Allied and Associated Powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war”. To the great loss of mankind, these provisions were in time eroded to the point of becoming less than meaningless.

Stabilizing American Society: Kenneth Boulding and the Integration of the Social Sciences, 1943–1980

2010 ◽  
Vol 23 (2) ◽  
pp. 221-265 ◽  
Author(s):  
Philippe Fontaine
Keyword(s):  
Social Sciences ◽  
World War Ii ◽  
World War ◽  
Policy Makers ◽  
Main Determinant ◽  
Disciplinary Boundaries ◽  
The Social ◽  
Social Scientific ◽  
American Society ◽  
The Right

ArgumentFor more than thirty years after World War II, the unconventional economist Kenneth E. Boulding (1910–1993) was a fervent advocate of the integration of the social sciences. Building on common general principles from various fields, notably economics, political science, and sociology, Boulding claimed that an integrated social science in which mental images were recognized as the main determinant of human behavior would allow for a better understanding of society. Boulding's approach culminated in the social triangle, a view of society as comprised of three main social organizers – exchange, threat, and love – combined in varying proportions. According to this view, the problems of American society were caused by an unbalanced combination of these three organizers. The goal of integrated social scientific knowledge was therefore to help policy makers achieve the “right” proportions of exchange, threat, and love that would lead to social stabilization. Though he was hopeful that cross-disciplinary exchanges would overcome the shortcomings of too narrow specialization, Boulding found that rather than being the locus of a peaceful and mutually beneficial exchange, disciplinary boundaries were often the occasion of conflict and miscommunication.

scholarly journals The (Immediate) Post-World War II Period

2020 ◽  
pp. 168-189
Author(s):  
Antonello Tancredi
Keyword(s):  
World War Ii ◽  
International Law ◽  
Interwar Period ◽  
World War ◽  
Post World War Ii ◽  
Theoretical Approaches ◽  
The Social ◽  
International Legal Order ◽  
The Relationship ◽  
Domestic Law

This chapter addresses the development, after World War II, of two different currents of thought inherited by the Italian international law doctrine from the interwar period: dogmatism and structuralism. The analysis of some fundamental writings concerning topics such as the foundation and the social structure of the international legal order tries to offer a reading lens on some of the most important scientific trends (especially ‘realism’ and ‘neo-normativism’) of the post-World War II period and on the scholars that animated such approaches. Thanks to the identification of some structuring ideas, it will then be possible to briefly examine other issues concerning, for instance, the relationship between international and domestic law after the 1948 Republican Constitution, sovereignty, etc. The evolution of the methodology of international law will have a relevant part in the analysis of theoretical approaches developed by Italian scholars in this period.

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.

Llanes Escoda, Josefa

2021 ◽  
Author(s):  
Yolanda Ealdama
Keyword(s):  
World War Ii ◽  
Social Worker ◽  
The Philippines ◽  
Prisoners Of War ◽  
Decent Work ◽  
World War ◽  
Welfare Programs ◽  
Social Welfare System ◽  
The Social ◽  
The Right

Josefa Llanes Escoda (1898–1945) was one of the early social workers in the Philippines. As a social worker she moved from the residual approach and initiated sustainable welfare programs. She was also an advocate for decent work for women. She was able to merge her role as a social worker and as a suffragist by mobilizing members of the National Federation of Women’s Club (NFWC) of the Philippines to educate women on the importance of the right to vote. During World War II, when the social welfare system was in disarray, she mobilized members of the NFWC to feed prisoners of war and other displaced persons. In her own way, she was a freedom fighter.

scholarly journals Introduction

2019 ◽  
Vol 37 (3) ◽  
pp. 1-3
Author(s):  
Eric Langenbacher
Keyword(s):  
World War Ii ◽  
Federal Republic ◽  
Weimar Republic ◽  
100Th Anniversary ◽  
World War ◽  
The Past ◽  
Treaty Of Versailles ◽  
Right To Vote ◽  
The Right

It sometimes seems that Germany is a country perpetually caught in the past. There are so many anniversaries that some sort of tracker is necessary to remember them all. Commemorations in 2019 included the seventieth anniversaries of the foundation of the Federal Republic and the formation of the NATO alliance, the eightieth anniversary of the outbreak of World War II, the 100th anniversaries of the Treaty of Versailles, the foundation of the Weimar Republic, and German women achieving the right to vote. In 2020, important commemorations include the seventy-fifth anniversary of the liberation of Auschwitz, the 250th anniversaries of Beethoven’s and Hegel’s birth, as well as the 100th anniversary of the HARIBO company that invented gummi bears.

scholarly journals Juan Hipólito Yrigoyen y Alem (1850–1933)

2020 ◽  
Vol 47 (2) ◽  
Author(s):  
Andreas Timmermann
Keyword(s):  
International Law ◽  
League Of Nations ◽  
World War ◽  
Treaty Of Versailles ◽  
The Earth ◽  
The First World War ◽  
German Philosopher ◽  
The Right ◽  
Pan Americanism ◽  
First World

Abstract: This paper intends demonstrate to what extent Krausism, doctrine named after the German philosopher Karl Christian Friedrich Krause (1781–1832), influenced Juan Hipólito Yrigoyen, Argentinian politician and two-time president (1916-1922 and 1928-1930) to challenge tradition and advocate for a new international law, Pan Americanism, linked to the the idea of the right to share the Earth and one humanity, thus, inspiring him to pursue a different path in the negotiations of the Treaty of Versailles and at the League of Nations after the First World War.

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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