The Competence of the Mixed Arbitral Courts of the Treaty of Versailles

1923 ◽  
Vol 17 (4) ◽  
pp. 661-690 ◽  
Author(s):  
Karl Strupp

Regardless of what we may think of the Treaty of Versailles, we must admit that it contains indications of farsightedness and broad vision. Among these I include the Covenant of the League of Nations and the clauses relating to international rivers and international labor laws. But even apart from these groups of laws and regulations, the provisions of the treaty which aim to submit disputes arising out of an especially important part of the treaty to international arbitration constitute, from the point of view of international law and considered in an abstract way—that is, only with reference to their creation and their significance for the development of international law and international arbitration—a real accomplishment, the fulfilment of wishes expressed even before the war by such scholars as von Bar, Meurer, Wehberg and Ludwig Wertheimer. At the same time the creation of the arbitral courts in the sense of Part X, Section VI, confirms the fact that the tendency toward arbitral settlement of such disputes even as arise from treaties of peace, to which I already called attention before the war, has not been abandoned on account of the war. This was proved by the German treaties with the Eastern countries and is now again indicated by the Treaty of Versailles.

Author(s):  
Elizabeth McKillen

This concluding chapter examines the significance of the labor/Left debate over Woodrow Wilson's foreign policy both for U.S. diplomacy and for the U.S. labor movement in the twentieth century. The Senate's final rejection of the Treaty of Versailles ended the eight-year war of position waged by U.S. labor and Socialist groups in an effort to influence the Wilsonian international agenda. The U.S and transnational labor and Left debate over the Versailles Treaty, League of Nations, and the International Labor Organization exposed fundamental contradictions in Wilsonian internationalism. This chapter argues that the Versailles treaty's defeat served the political ends of the Republicans more than the Left but insists that Wilsonian ideas about American exceptionalism, democracy, international law and governance, and international capitalism would cast a long shadow over the twentieth, and even the twenty-first, century.


Author(s):  
Duško Glodić

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.


Author(s):  
Martti Koskenniemi

Carl Schmitt always presented himself and was above all a jurist. His doctoral dissertation was based on an antiformal theory of law that was also in evidence in his acerbic critics of the League of Nations and the system of control over Germany established in the Treaty of Versailles. This chapter shows that the concrete-order thinking of his later years espoused a more conventional legal realism that has always constituted an important stream of international jurisprudence. Schmitt’s main postwar work, Nomos der Erde, puts forward an influential view of the history of international law as inextricably entangled with the imperial pretensions. This chapter argues that the much-cited book, together with Schmitt’s polemical concept of law and his critiques of the discriminatory concept of war, has proven a fruitful basis for much of today’s postcolonial jurisprudence.


Author(s):  
Анвар Хасанов ◽  
Anvar Khasanov

The article examines the problem of recognition of new states in international law. The author considers the concept, sources, theories, criteria of the institution of recognition of new states. The author analyzes various theories of the Institute of recognition of states, taking into account the provisions of the international law doctrine and practice. The author notes that at the present stage of development of the institute of recognition we should be guided by the mixed theory of recognition as the most corresponding to international law, and by States’ practice. The author discloses criteria for the recognition of States enshrined in international legal acts. At the same time, the author singles out the criterion of the legality of new states’ emergence. The conclusion is that the creation of a new State as a subject of international law is legitimate, if its appearance corresponds to the fundamental principles of international law. The appearance of a new state must not violate the mandatory principles of international law jus cogens, otherwise, a territorial formation can not claim to be internationally recognized and must be considered from the point of view of international law as illegally created.


2016 ◽  
Vol 49 (3) ◽  
pp. 391-408
Author(s):  
Yuval Shany

The events surrounding the establishment of the State of Israel in 1948 and the ensuing Palestinian naqba (disaster) have generated an abundance of legal literature. It is beyond the ambitions of this article to revisit all or most of the existing literature, or to strive and comprehensively discuss the various legal propositions they consider. Instead, it offers a critical assessment of some of the legal conclusions offered by one of the most influential experts in the field – Professor James Crawford – who, in the second edition of his seminal treatise The Creation of States in International Law, discusses at some length the events surrounding the creation of Israel and the status of Palestine. Section 2 of the article offers some general observations on the continued relevance of the events surrounding the creation of Israel. In particular, it raises the question of the relationship between the principles of ex injuria non oritur jus and ex factis oritur jus in the Israeli–Palestinian context. Section 3 examines the legal significance of the 1922 League of Nations Mandate and Crawford's position concerning its validity. Sections 4 and 5 adopt a similar examination with regard to two other historic events of potential legal significance, namely the 1947 UN General Assembly Resolution 181 (the Partition Resolution) and Israel's 1948 Declaration of Independence. Section 5 also briefly examines Crawford's conclusions relating to the status of Palestine, and Section 6 concludes.


1927 ◽  
Vol 21 (4) ◽  
pp. 659-667
Author(s):  
Jesse S. Reeves

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.


1911 ◽  
Vol 5 (3) ◽  
pp. 604-614 ◽  
Author(s):  
Paul S. Reinsch

The movement for the creation of a definite and permanent organ for the authoritative declaration of international law in controversies between states involves in it a transition from the concept of moral to that of legal obligation. The cardinal element in the concept of legality, that which distinguishes moral duty from legal obligation, is that in the latter case the duty is not enforced only through a general sentiment of right, but through a definite organization. An obligation may be said to be legal when in its determination and enforcement, definitely constituted organs are active. The obligation of a moral, ethical, or social duty, which is backed only by the general sentiment of the community, may be felt just as strongly by individuals as the legal obligation which is determined by a definitely appointed body of men. Yet this very definiteness of organization serves to impart greater strength, or at least rigidity, to the legal principles.


Author(s):  
Andreas Timmermann

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.


1917 ◽  
Vol 11 (2) ◽  
pp. 327-357
Author(s):  
Theodore P. Ion

The summary review in the previous article of the historical events which culminated in the creation of the Hellenic Kingdom, and the vicissitudes which Greece underwent from the time of the declaration of her independence up to the year 1911, when her Constitution of 1864 was revised, plainly show that the Hellenic people never for a moment thought of submitting themselves to autocracy, but on the contrary asserted their determination to live under a democracy. Hence the murder of their first president, or governor Capodistrias, the deposition of their first king, Otho, and the abjuration now by a large section of the Hellenic nation both in and out of Greece, of their present ruler, Constantine, who, under the cloak of the Constitution, rules the part of the country still under his dominion, not as a constitutional King of the Hellenes, but as an absolute monarch.


Author(s):  
Mary S. Barton

Clandestinely supported by Italian and Hungarian authorities, Balkan terrorists assassinated King Alexander I of Yugoslavia and French Foreign Minister Jean Louis Barthou on October 9, 1934, in Marseilles, France. The brazen political murders caused a diplomatic crisis and prompted the League of Nations Conference for the International Repression of Terrorism, which produced two treaties in 1937: the Convention for the Prevention and Punishment of Terrorism and the Convention for the Creation of an International Criminal Court. The treaties defined terrorism in international law and included provisions to regulate arms trafficking and fraudulent passports. Only the British Government of India ratified the Terrorism treaty. Neither of the treaties had entered into force by the time of the September 1938 Munich Conference in which the Great Powers ceded the Czech Sudetenland to Adolph Hitler and placed the fate of peacetime Europe in the hands of the Führer.


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