The Hague Conference on The Codification of International Law

1930 ◽  
Vol 24 (1) ◽  
pp. 52-57 ◽  
Author(s):  
Jesse S. Reeves
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Special Technique ◽  
World Conference ◽  
Preparatory Committee ◽  
The Status ◽  
Pan American ◽  
The Hague ◽  
First World ◽  
Preparatory Work

There is being developed a special technique of codification. The Sixth Pan American Conference at Havana adopted in the form of seven conventions a codification of that number of topics in public international law; namely, on the status of aliens, treaties, diplomatic privileges and immunities, asylum, civil strife, and maritime neutrality. The preparatory work had been done by (a) the American Institute of International Law working through its executive committee, and (b) the Rio Commission of Jurists reestablished by the Fifth Pan American Conference. The proposed world conference upon codification has now been called to meet at The Hague in the spring of this year. There have been no official indications as yet of its postponement because of other international conferences. The machinery created by the League of Nations to perform the work preparatory to this conference has been functioning since 1925. The working of this machinery has already been described in this Jo u rn al down to the creation of the present Preparatory Committee for the Codification Conference. It will be remembered that the Committee of Experts for the Progressive Codification of International Law, composed of sixteen members, prepared a provisional list of topics suitable for codification by international agreement, made reports upon various topics, submitted questionnaires upon seven of them to the various governments, and selected therefrom three topics as the agenda of the first world conference on codification. This cpmmittee also made one general and two special reports upon the further work of codification, with some indications as to procedure.

The League of Nations: a retreat from international law?

2012 ◽  
Vol 7 (2) ◽  
pp. 210-232 ◽  
Author(s):  
Stephen Wertheim
Keyword(s):  
International Law ◽  
The United States ◽  
League Of Nations ◽  
World War ◽  
The North ◽  
The First World War ◽  
The Hague ◽  
Anglo American ◽  
Settlement Of Disputes ◽  
First World

AbstractDuring the First World War, civil society groups across the North Atlantic put forward an array of plans for recasting international society. The most prominent ones sought to build on the Hague Conferences of 1899 and 1907 by developing international legal codes and, in a drastic innovation, obligating and militarily enforcing the judicial settlement of disputes. Their ideal was a world governed by law, which they opposed to politics. This idea was championed by the largest groups in the United States and France in favour of international organizations, and they had likeminded counterparts in Britain. The Anglo-American architects of the League of Nations, however, defined their vision against legalism. Their declaratory design sought to ensure that artificial machinery never stifled the growth of common consciousness. Paradoxically, the bold new experiment in international organization was forged from an anti-formalistic ethos – one that slowed the momentum of international law and portended the rise of global governance.

scholarly journals The Empire of International Law?

2019 ◽  
Vol 113 (1) ◽  
pp. 183-199
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Law School ◽  
Public International Law ◽  
Self Defense ◽  
Sovereign Equality ◽  
History Of ◽  
Pan American ◽  
The Hague ◽  
History Of International Law

This review essay examines three intellectual histories focused on fundamental transformations of international law in the early twentieth century. Juan Pablo Scarfi's Hidden History of International Law in the Americas is most interested in debates about a Pan-American international law, meaning the idea that international law might work differently in different regions, which was debated but eventually gave way to the change that Arnulf Becker Lorca, a Lecturer in Public International Law at Georgetown Law, discusses. Becker Lorca's Mestizo International Law is most interested in how the conception that international law applied only to civilized nations transformed into the modern conception that presumes sovereign equality. The Internationalists, by Oona Hathaway and Scott Shapiro, respectively the Gerard C. and Bernice Latrobe Smith Professor of International Law and the Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, and seeks to understand how the normal (and legal) recourse to force in international relations was replaced by an international law that bans the use of force, except in self-defense. Ideas regarding these issues started to evolve in the late 1800s, but the transformative debates occurred at roughly the same time because the Hague Peace Conferences and the League of Nations allowed contestations over old versus updated understandings of international law to flourish.

The Hague Codification Conference

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller
Keyword(s):  
International Law ◽  
League Of Nations ◽  
International Conference ◽  
The Hague ◽  
Set Up

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 15 Mauritius: Mauritian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Cupido Robin
Keyword(s):  
International Law ◽  
Future Development ◽  
Civil Code ◽  
Law Reform ◽  
Private International Law ◽  
Commercial Law ◽  
Conflict Of Laws ◽  
The Past ◽  
The Status ◽  
The Hague

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

scholarly journals Japan, the League of Nations and the Permanent Court of International Justice on the Question of Upper Silesia, Vilnius and Memel

2019 ◽  
pp. 80-104
Author(s):  
R. Shindo
Keyword(s):  
League Of Nations ◽  
International Justice ◽  
World War ◽  
Upper Silesia ◽  
The First World War ◽  
Permanent Member ◽  
The Hague ◽  
Post War ◽  
Second World ◽  
First World

The First World War marked a turning point for civilization development in the 20th century. With the collapse of the Central Powers, a new international order arose. In the wake of the Paris PeaceConference, the founding of the League of Nations was above all due to the initiative of the victorious powers. Member states were expected to contribute to maintaining world peace. Japan was one of themajor Allied powers and a permanent member of the League Council. In this position, Japan was significantly involved in the post-war politics of Europe. To elucidate the nature and consequences of this involvement, the activities of Japanese diplomats in the League of Nations and in the Permanent Court of International Justice in the Hague during theperiod between the First and Second World Wars are examined. Particular attention is paid to Japan’s participation in the regulation of the demarcation and minority issues in Upper Silesia and in theVilnius and Memel districts.

Thailand

2019 ◽  
pp. 362-385
Author(s):  
Vitit Muntarbhorn
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Second World War ◽  
League Of Nations ◽  
World War ◽  
Key Players ◽  
International Legal System ◽  
The Hague ◽  
Set Up ◽  
Second World

This chapter focuses on international law in Thailand. Siam was one of the original states from the Asian region that took part in the formation of the international legal system, notably the Hague Conference in 1899, which resulted in various treaties on the law of war, followed by the 1907 Hague Conference that resulted in a host of treaties on rules and regulations concerning the conduct of war. It was a member of the League of Nations and contributed to key international developments, such as the evolution of treaties against human trafficking. In the diplomatic juggle to set up the United Nations after the Second World War, Thailand sought membership, played its hand diplomatically, and gained admission. It was also one of the founders of the Association of Southeast Asian Nations (ASEAN) in 1967, and it was one of the key players that brought peace to Cambodia and the region in the 1990s.

Introduction

2000 ◽  
Vol 94 (1) ◽  
pp. 1-3 ◽  
Author(s):  
George H. Aldrich ◽  
Christine M. Chinkin
Keyword(s):  
International Law ◽  
Geneva Convention ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Royal Family ◽  
Scientific Experts ◽  
The Hague ◽  
Financial Burdens ◽  
Preparatory Work

On May 18, 1899, die first Hague Peace Conference was convened in the House in the Woods provided by the Dutch royal family. It was attended by invitation by representatives of twenty-six of the fifty-nine governments that then claimed sovereignty. The hundred delegates included diplomats, statesmen (no stateswomen!), publicists, lawyers, and technical and scientific experts. Unlike earlier peace conferences, which were convened to terminate ongoing armed conflicts, the Hague Conference met in peacetime for the purpose of making law. The conference was called at the initiative of Tsar Nicholas II of Russia with the intentions principally to seek agreements to limit armaments and their consequent financial burdens, and secondarily to improve the prospects for the peaceful setdement of international disputes and to codify the laws of war. Doubtiess, the tsar’s initiative was inspired in part by his grandfather’s earlier success in obtaining the St. Petersburg Declaration of 1868, which prohibited, for humanitarian reasons, the use of explosive projectiles weighing less than four hundred grams. In any event, the Hague Peace Conference pursued a much broader agenda than the meetings at St. Petersburg and was able to draw upon certain preparatory work on the laws of war, including the Geneva Convention on the Amelioration of the Conditions of the Wounded in Armies in the Field of 1864, the draft Project of an International Declaration concerning the Laws and Customs of War produced by the Brussels Conference of 1874, and the Oxford Manual on the laws of war of 1880, which had been adopted unanimously by the Institute of International Law.

scholarly journals Kant's Cosmopolitan Law: World Citizenship for a Global Order

1998 ◽  
Vol 2 ◽  
pp. 72-90 ◽  
Author(s):  
Pauline Kleingeld
Keyword(s):  
International Law ◽  
World Order ◽  
Public Law ◽  
League Of Nations ◽  
Human Beings ◽  
Just World ◽  
World Citizenship ◽  
The Status ◽  
Cosmopolitan Law ◽  
The Right

In debates over the conditions for a just world order, one hears frequent appeals to Kant's call for states to unite in a federation. Given the force of Kant's arguments and their influence on the shape of such institutions as the League of Nations and the United Nations, this is certainly justified. But an essential part of what Kant saw as necessary for a global legal order is usually neglected. What is overlooked is Kant's emphasis on the status of individuals under what he calls ‘cosmopolitan law’. Cosmopolitan law is concerned not with the interaction between states, but with the status of individuals in their dealings with states of which they are not citizens. Moreover, it is concerned with the status of individuals as human beings, rather than as citizens of states. In Kant's political theory, cosmopolitan law (Weltbürgerrecht) is the third category of public law, in addition to constitutional law and international law. Its core is what Kant calls a right to hospitality. He argues that states and individuals have the right to attempt to establish relations with other states and their citizens, but not a right to enter foreign territory. States have the right to refuse visitors, but not violently, and not if it leads to their destruction. This implies an obligation to refrain from imperialist intrusions and to provide safe haven for refugees.

The Claim of Sovereignty in International Law and against International Law

Sovereignty ◽  
2019 ◽  
pp. 168-172
Author(s):  
Hermann Heller
Keyword(s):  
Decision Making ◽  
International Law ◽  
League Of Nations ◽  
Capacity To Act ◽  
International Court ◽  
The Hague ◽  
Decision Making Units

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of sovereignty as a kind of modest, legally normed capacity to act, as authority under international law, or as a discretionary sphere granted by international law. However, this operation can never succeed using the tools of international law, because international law is only possible as long as there are at least two absolutely independent territorial decision-making units. The sovereignty problem has become more complicated for members of the League of Nations and its Permanent International Court in The Hague. The principles of a treaty order free of domination on which these institutions rest have not fundamentally changed; voluntariness and unanimity are preserved under these principles.

Legal Entitlements, Changing Circumstances and Intertemporality: A Comment on the Creation of Israel and the Status of Palestine

2016 ◽  
Vol 49 (3) ◽  
pp. 391-408
Author(s):  
Yuval Shany
Keyword(s):  
International Law ◽  
League Of Nations ◽  
General Assembly ◽  
Legal Literature ◽  
The Status ◽  
General Assembly Resolution ◽  
Un General Assembly ◽  
The Creation ◽  
The Relationship ◽  
State Of Israel

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.

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