scholarly journals The figures of (a)symmetry: 'Pirates' and the world as a closed commercial state

2010 ◽  
Vol 53 (4) ◽  
pp. 5-14
Author(s):  
Petar Bojanic
Keyword(s):  
International Law ◽  
League Of Nations ◽  
World Government ◽  
The World ◽  
Preemptive War

My intention is not to simply evoke Schmitt's critique of Kant's ideas concerning preemptive war and the unjust enemy - as we all know, these ideas were not Kant's nor is their critique original; after all, both Kant and Schmitt are simply brilliant compilers in international law - rather, I want to preliminarily demonstrate that every project concerning the constitution of an empire, league of nations or world government (or world governance) implies a paradoxical existence of an ambiguous 'exterior' (outside, without). It seems that the existence (or nonexistence) of something 'outside' of the world or 'outside' of borderless sovereignty, is a precondition for any theory of empire. .

Tautai

2017 ◽  
Author(s):  
Patricia O'Brien
Keyword(s):  
New Zealand ◽  
British Empire ◽  
League Of Nations ◽  
Late Nineteenth Century ◽  
World War ◽  
World War One ◽  
Indigenous Resistance ◽  
World Government ◽  
Pacific History ◽  
The World

This is a biography of Ta’isi O. F. Nelson, the Sāmoan nationalist leader who fought New Zealand, the British Empire and the League of Nations between the world wars. It is a richly layered history that weaves a personal and Pacific history with one that illuminates the global crisis of empire after World War One. Ta’isi’s story weaves Sweden with deep histories of Sāmoa that in the late nineteenth century became deeply inflected with colonial machinations of Germany, Britain, New Zealand and the U. S.. After Sāmoa was made a mandate of the League of Nations in 1921, the workings and aspirations of that newly minted form of world government came to bear on the island nation and Ta’isi and his fellow Sāmoan tested the League’s powers through their relentless non-violent campaign for justice. Ta’isi was Sāmoa’s leading businessman who was blamed for the on-going agitation in Sāmoa; for his trouble he was subjected to two periods of exile, humiliation and a concerted campaign intent on his financial ruin. Using many new sources, this book tells Ta’isi’s untold story, providing fresh and intriguing new aspects to the global story of indigenous resistance in the twentieth century.

Mandates

1928 ◽  
Vol 3 (2) ◽  
pp. 149-160
Author(s):  
Arnold D. McNair
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Private Law ◽  
World War ◽  
The World ◽  
End Of The World ◽  
Mandate System

The method adopted at the end of the World War for dealing with the colonies and territories of Germany and Turkey which it was decided to detach from them is known as the mandate system, and is embodied in Article 22 of the Covenant of the League of Nations, which is an integral part of the treaties of peace with Germany, Austria, Bulgaria and Hungary. Under this system these detached territories are not in the owner-ship of any State, but are entrusted to certain States called ‘Mandatory States’ to administer on behalf of the League upon the conditions laid down in written agreements called mandates between the League and each mandatory. The system, which was proposed by General Smuts, is a novelty in International Law, and although the term ‘mandate’ suggests certain analogies in private law, it is doubtful whether much practical help in the understanding and application of the system can be derived from these sources.

Progress of the Work of the League of Nations Codification Committee

1927 ◽  
Vol 21 (4) ◽  
pp. 659-667
Author(s):  
Jesse S. Reeves
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Preliminary Work ◽  
The World ◽  
The Hague ◽  
The Creation

With the adoption of a resolution by the Council of the League of Nations, transmitting the report of the Committee of Experts for the Progressive Codification of International Law to the Assembly, what may be called the preliminary work of that Committee has reached such a stage that it seems possible to review its activities in the process of codification adopted by the League of Nations. It will be remembered that the Hague Commission of Jurists in its report accompanying the Statute of the World Court recommended the creation of agencies for codification, and that Lord Robert Cecil’s opposition to codification delayed acceptance of the Commission’s recommendation until September, 1924, when the Assembly upon the initiative of Sweden provided for the appointment of a committee of experts.

scholarly journals Le basculement vers le Sud de la politque de défense de l’Espagne (Note)

2005 ◽  
Vol 16 (3) ◽  
pp. 589-609
Author(s):  
Alberto Santos
Keyword(s):  
United Nations ◽  
Political Action ◽  
World Order ◽  
League Of Nations ◽  
World Government ◽  
The World ◽  
The Future ◽  
Central Argument ◽  
Historical Basis ◽  
World Organization

Entering the 21st century, the question facing mankind is whether we will be able to find, agree upon and activate solutions adequate to resolve world problems which have plagued the 20th century and which increasingly threaten the 21 st. The central argument presented here is that it is only by taking concrete steps at the world level that we can hope to reduce or eliminate the threat to survival which these problems represent. In order to provide a framework from which prospects for the future of the world organization can be analysed, the "world order" perspective is compared with a more traditional perspective. The challenges that world problems and crises pose for the world organization are examined. Using the fundamental changes undergone by both the League of Nations and the United Nations as an historical basis for scrutinizing the future, the changes that increasingly complex problems may force on the world organization are explored. Changes such as a "reinforced United Nations" (without delegation of sovereignty), a "World Authority" (with partial delegation of sovereignty) or a "World Government" (with major delegation of sovereignty) are evaluated in terms of the world organization' s ability to handle potential world crises and problems. The conclusion establishes that there is a pressing need for immediate political action which would aim towards a coalition of all groups researching solutions to world problems and would be based on the "world order" ideology of the majority rather than the "world-oriented" ideology of a self-interested minority.

scholarly journals The Limits of Authoritarian International Law

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 247-251
Author(s):  
Chibli Mallat
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Democratic Governance ◽  
League Of Nations ◽  
World Federation ◽  
Perpetual Peace ◽  
Present Essay ◽  
The World ◽  
The One

Tom Ginsburg's concept of “authoritarian international law” (AIL) is as important as the one it references, Thomas Franck's “right to democratic governance.” It underlines how the promise carried by Franck was betrayed in the bitter turn of history that ended the emerging hope for democracy ruling all nations in the world after 1989. This hope had developed by fits and starts as the slow fulfilment of the Kantian project for “perpetual peace” amongst a world federation of democratic republics on which the League of Nations and the United Nations were built. To the now-universal acknowledgment of the grave domestic setbacks to human rights and democracy, Ginsburg's article adds an account of the international setbacks which followed. Its chief importance is in raising the question of the emergent authoritarian traits of international law in the wake of these setbacks. With my appreciation of Ginsburg's formidable treatment, including a title that will mark, like Franck's, an important moment in the field, I will challenge some of his conclusions and offer counterpoints in the present essay. In particular, I will (1) suggest the irrelevance of the three “evils of AIL”; (2) highlight the significance of 2006 as the date when AIL started rising; (3) emphasize the importance of U.S. isolationism in the rise of AIL; and (4) argue that the better investment to counter that rise is in nonviolence.

Rule of Law in a Brave New Empire: Legal Rhetoric and Practice in Manchukuo

2008 ◽  
Vol 26 (2) ◽  
pp. 285-318 ◽  
Author(s):  
Thomas David Dubois
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Legal History ◽  
League Of Nations ◽  
The State ◽  
Military Power ◽  
Legal Rhetoric ◽  
The World ◽  
Point Of No Return

An inquiry into law in Manchukuo might seem, at first glance, to be something of an oxymoronic task. The state itself was created in clear contravention to international law, and when the investigation of the Lytton Commission stated as much in 1933, Japan walked out of the League of Nations, the closest the world had to an international arbitrational body at the time. Within Japan itself, the creation of Manchukuo could be considered the point of no return in the march toward wartime militarism. After this event, arbitrary and military power ran roughshod over civilian institutions of governance, so much so that some scholars of Japanese legal history characterize the period as the “collapse of the legal system” (hō teisai hōkai).

The United Nations and Domestic Jurisdiction

1949 ◽  
Vol 3 (1) ◽  
pp. 14-28 ◽  
Author(s):  
Leland M. Goodrich
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
World Community ◽  
The Past ◽  
Basic Law ◽  
The World ◽  
Domestic Jurisdiction ◽  
The United Nations

Referring to “domestic jurisdiction” as used in the League Covenant, Professor J. L. Brierly characterized it as “a new catchword,” capable of proving as great a hindrance to the orderly development of international law as “sovereignty” and “state equality” had been in the past, and about which “little seems to be known except its extreme sanctity.” Since these words were written, the Covenant of the League of Nations has been replaced by the Charter of the United Nations as the basic law of the organization of the world community. The concept of a reserved domestic jurisdiction is still with us. In fact, Article 2, paragraph 7, of the Charter gives it a broader definition and a wider range of application than did Article 15, paragraph 8, of the Covenant. What is the meaning of the domestic jurisdiction principle as set forth in the Charter? What effect has it had in practice on the working and development of the United Nations?

Hegemony and International Law

1941 ◽  
Vol 35 (6) ◽  
pp. 1127-1144 ◽  
Author(s):  
Charles Kruszewski
Keyword(s):  
International Law ◽  
First World War ◽  
League Of Nations ◽  
World War ◽  
European Continent ◽  
Formidable Challenge ◽  
The First World War ◽  
The World ◽  
World Organization ◽  
First World

In the titanic struggle for leadership in Europe, Great Britain is resisting the most formidable challenge to her supremacy. For centuries, her principal foreign policy was to prevent any establishment of hegemony over the entire European continent. After the first World War, British statesmen, however, were convinced “that they could no longer bear the burden of regulating world affairs alone. They urged a League of Nations…. But national sovereignties were no more prepared to collaborate in a democratic world organization than they had been to submit to British domination. Thus, instead of the League of Nations succeeding to the British imperial hegemony, the world fell into anarchy in a new struggle of several states, each striving to become the dominant Power.”

International Law and Global Ideological Conflict: Reflections on the Universality of International Law

1951 ◽  
Vol 45 (4) ◽  
pp. 648-670 ◽  
Author(s):  
Kurt Wilk
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Legal Theory ◽  
League Of Nations ◽  
Political Ideologies ◽  
The Family ◽  
The World ◽  
The Hague ◽  
New Challenges

If, after the nineteenth century, there remained any question concerning the universality of international law, or of its fundamental rules, it appeared to be largely one of legal history. But as the world of the twentieth century has come to be divided by political ideologies, their legal ramifications have given the question new actuality as one of basic legal theory. That the Family of Nations, or the subjects of international law, embraced virtually all states of the world seemed no longer open to serious doubt when non-Christian states wholly outside Europe took part in the Hague Peace Conferences of 1899 and 1907 and when participation by such states was continued and further extended in the Paris Peace Conference of 1919 and in the League of Nations. Yet the same period that saw the unquestioned global expansion of international law has had to face new challenges to its unity as a single, universally valid legal system. They were raised chiefly by German Nazis and Soviet Communists, or in turn against them by their respective critics and opponents. Confronted with these challenges, the universal validity of international law appears no longer as an existingphenomenon that may be traced back to its origins and on to its eventual completion, but as a debatable assumption that stands to be justified or rejected in the light of fresh examination.

scholarly journals مظاهر استخدام القوة في الحرب الاستباقية

2020 ◽  
Vol 2 (3) ◽  
pp. 5-20
Author(s):  
طلعت الحديد ◽  
بريز يونس
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Agreements ◽  
League Of Nations ◽  
Legal Capacity ◽  
Self Defense ◽  
Preemptive War ◽  
Definition Of ◽  
The Right

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the .second is about the role of the United Nations in such wars

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