Changing Concepts and the Doctrine of Incorporation

1932 ◽  
Vol 26 (2) ◽  
pp. 239-260 ◽  
Author(s):  
Edwin D. Dickinson
Keyword(s):  
Judicial Decisions ◽  
Law Of Nations ◽  
The Law ◽  
Made In ◽  
International Incidents

The student or practitioner whose interest is primarily in the interpretation and application of the law of nations is often prone to dismiss fundamental concepts as a matter of mere theoretical importance. This is a serious mistake. No one is capable of understanding the interpretations and applications of the law of nations which have been made in judicial decisions, national and international, in arbitrations, and in international incidents, unless he has some knowledge of the fundamental concepts of the science and of the conditions under which those concepts have developed. Concepts, in truth, are as much a part of the fabric of international jurisprudence as the intricate and confused records of international conduct. If they are no longer its warp and woof, they provide at least the necessary patterns.

New Tasks of the Insurance Guarantee Fund Imposed by the Act on the Special Rights of Injured Persons in the Event of Exhaustion of the Guarantee Sum

2020 ◽  
Vol 1 (102) ◽  
pp. 48-61
Author(s):  
Iwona Kaja ◽  
Anna Wawrzeniecka ◽  
Zdzisława Cwalińska - Weychert
Keyword(s):  
Present Article ◽  
Motor Vehicles ◽  
Pension Benefit ◽  
Insurance Contracts ◽  
Judicial Decisions ◽  
Depth Analysis ◽  
The Law ◽  
Pension Benefits ◽  
Special Rights ◽  
Made In

The present article discusses the genesis and development of the law introducing a new special pension benefit for the victims after the guarantee amount has been exhausted in the insurance contracts against liability of the users of motor vehicles and liability of farmers, under which the victims have received their pension benefits so far. Moreover, the new tasks of the Insurance Guarantee Fund defined by this act have been presented. In addition, an in-depth analysis of the new regulation has been carried out, examining both the circle of persons entitled to apply for new benefits and the conditions to be met while making claims, as well as the rules for their consideration by the Insurance Guarantee Fund and the extent of the newly constituted special benefits to which the victims are entitled. The article also examines the correlations between the new law and the existing legislation regulating the principles, mode and form of claims settlement by insurers under motor or farmers’ liability contracts. The favourable trend has been taken into account of the Supreme Court's judicial decisions towards the victims, when considering claims made in connection with the depletion or complete exhaustion of the guarantee sum. Finally, the last part of the article is devoted to the conclusions resulting from the IGF's experience in handling claims for special benefits in cases submitted to the Fund by insurance undertakings in the first months since the adoption of a new regulation. The gained experience has led to several comments and proposals for insurers, being the main partners of victims while lodging claims with the Fund.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Israel and Palestine: Assault on the Law of Nations

1982 ◽  
Vol 91 (8) ◽  
pp. 1726 ◽  
Author(s):  
Anthony D'Amato ◽  
Julius Stone
Keyword(s):  
Law Of Nations ◽  
The Law

Judge Bork’s Concept of the Law of Nations is Seriously Mistaken

1985 ◽  
Vol 79 (1) ◽  
pp. 92-105
Author(s):  
Anthony D’Amato
Keyword(s):  
District Of Columbia ◽  
Palestine Liberation Organization ◽  
Tel Aviv ◽  
Court Of Appeals ◽  
Law Of Nations ◽  
Considerable Controversy ◽  
The Law

A recent decision of the Court of Appeals for the District of Columbia Circuit, Tel-Oren v. Libyan Arab Republic, is sparking considerable controversy and will undoubtedly be examined at length in law journals. The events in issue occurred March 8, 1978, when 13 heavily armed members of the Palestine Liberation Organization left Lebanon for Israel under instructions to seize and hold Israeli civilians in ransom for the release of PLO members incarcerated in Israel. On the main highway between Haifa and Tel Aviv, they stopped and seized a civilian bus, a taxi, a passing car, and later a second civilian bus, taking the passengers hostage. While proceeding toward Tel Aviv with their hostages gathered in the first bus, the terrorists fired on and killed numerous occupants of passing cars as well as some of their own passengers. They also tortured some of their hostages. At a shoot-out with the police at a police barricade, the terrorists shot more of their hostages and then blew up the bus with grenades. As a result of the terrorists’ actions, 22 adults and 12 children were killed, and 63 adults and 14 children were seriously wounded.

A Selection of Cases and Other Readings on the Law of Nations

1930 ◽  
Vol 43 (8) ◽  
pp. 1325
Author(s):  
Manley O. Hudson ◽  
Edwin DeWitt Dickinson
Keyword(s):  
Law Of Nations ◽  
The Law ◽  
Selection Of

Diálogos militares by Diego García de Palacio: The first American work on the law of nations

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa
Keyword(s):  
United States ◽  
Civil War ◽  
Code Of Conduct ◽  
The United States ◽  
Internal Conflict ◽  
Humanitarian Law ◽  
Law Of Nations ◽  
Simon Bolivar ◽  
The Law ◽  
The Government

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.

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