Violations of Maritime Law by the Allied Powers During the World War

1931 ◽  
Vol 25 (1) ◽  
pp. 26-49 ◽  
Author(s):  
James Wilford Garner
Keyword(s):  
Great Britain ◽  
International Law ◽  
Customary Law ◽  
World War ◽  
Maritime Law ◽  
Naval Warfare ◽  
Law Of Nations ◽  
The World

The above is the title of an article by. Mr. E. G. Trimble in the January (1930) issue of this Journal, which contains a rather severe indictment of the Allied Powers, and particularly of Great Britain, for having violated during the World War various well-settled rules of international law regarding the conduct of maritime warfare. I do not deny at all that there were violations of certain rules and practices which had come to be generally, if not universally, recognized as a part of the customary law of nations—violations not only by the Allied Powers, but on an even larger scale by their opponents, which latter, however, the author passes over in silence. But, in my opinion, his charges in some cases are not well founded either upon principles of international law, reason or the logic of the actual conditions under which the rules had to be applied. In presenting here a different view of the case, my object is not so much to defend the Allied Powers against the charges contained in Mr. Trimble's indictment as to reaffirm and maintain views which I expressed during the war regarding certain rights of belligerents in naval warfare, especially under the peculiar conditions which prevailed during that war—rights the exercise of which I believe was justified in principle by those conditions, whatever may have been the opinion of statesmen and prize judges a century ago, and which would have been claimed and exercised by Germany had the geographical situation as between her and Great Britain been reversed.

Violations of Maritime Law by The Allied Powers During The World War

1930 ◽  
Vol 24 (1) ◽  
pp. 79-99 ◽  
Author(s):  
E. G. Trimble
Keyword(s):  
Great Britain ◽  
International Law ◽  
British Government ◽  
World War ◽  
Maritime Law ◽  
Naval Warfare ◽  
Secretary Of State ◽  
The World

Immediately after the outbreak of the World War in 1914, Secretary of State Bryan wisely approached the belligerent governments proposing that both sides agree to conduct their naval warfare in accordance with the rules embodied in the Declaration of London. This document was drawn up at the London Naval Conference called by Great Britain in 1908, and was signed by the delegates of all the nations represented. The conference agreed that the rules contained in the document “correspond in substance with the generally recognized principles of international law.” The Declaration never became legally binding on the nations, however, having failed of ratification by the British Government itself. Legally, therefore, Great Britain was not bound by it in 1914, except in so far as it embodied preexisting rules of law.

Some British Opinions as to Neutral Rights,1861 to 1865

1929 ◽  
Vol 23 (3) ◽  
pp. 517-537 ◽  
Author(s):  
James P. Baxter
Keyword(s):  
United States ◽  
Civil War ◽  
Great Britain ◽  
International Law ◽  
The United States ◽  
American Civil War ◽  
World War ◽  
The World ◽  
Effective Use

In the controversy between Great Britain and the United States as to neutral rights from 1914 to 1917, both governments appealed again and again to precedents of the American Civil War. British prize courts as well as British diplomats made effective use of the Civil War decisions. Indeed, Professor A. Pearce Higgins has recently gone so far as to assert that, if one views the decisions as a whole, there was no greater extension of the principles of international law by the decisions of British prize courts during the World War than in the American cases.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

The Institute of International Law

1927 ◽  
Vol 21 (4) ◽  
pp. 716-736
Author(s):  
James Brown Scott
Keyword(s):  
International Law ◽  
Great Difficulty ◽  
World War ◽  
The Past ◽  
Scientific Organizations ◽  
The World ◽  
Post War ◽  
In The Mists

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek to replace it by justice.

The Development of International Law after the World War

1924 ◽  
Vol 3 (1) ◽  
pp. 39-39
Author(s):  
Philip Baker
Keyword(s):  
International Law ◽  
World War ◽  
The World

scholarly journals International Law and the World War.

1921 ◽  
Vol 36 (3) ◽  
pp. 511
Author(s):  
Henry F. Munro ◽  
James Wilford Garner
Keyword(s):  
International Law ◽  
World War ◽  
The World

The World War and International Law

Social Forces ◽  
1928 ◽  
Vol 6 (3) ◽  
pp. 487-489
Author(s):  
P. Bradley
Keyword(s):  
International Law ◽  
World War ◽  
The World

The Puritan Cosmopolis

2018 ◽  
Author(s):  
Nan Goodman
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Thought Experiments ◽  
Law And Literature ◽  
Significant Relation ◽  
Trade Routes ◽  
Law Of Nations ◽  
The World ◽  
The Law

This book traces the emergence of a sense of kinship with and belonging to a larger, more inclusive world within the law and literature of late seventeenth-century Puritanism. Connected to this cosmopolitanism in part through travel, trade, and politics, late seventeenth-century Puritans, it is argued, were also thinking in terms that went beyond these parameters about what it meant to feel affiliated with people in remote places—of which the Ottoman Empire is the best, but not the only example—and to experience what Bruce Robbins calls “attachment at a distance.” In this way Puritan writers and readers were not simply learning about others but also cultivating an awareness of themselves as “stand[ing] in an ethically significant relation” to people all around the world. The underlying source of these cosmopolitan predilections was the law, specifically the law of nations, often considered the precursor to international law. Through the terms for sovereignty, obligation, and society made available by a turn toward the cosmopolitan within the law, the Puritans experimented with concepts of extended obligation and ideas about a society consisting of all humans, not just those living on certain trade routes or within certain foreign communities. In mapping out these thought experiments, The Puritan Cosmopolis uncovers Puritans who were reconceptualizing war, contemplating new ways of cultivating peace, and rewriting the rules for being Puritan by internalizing legal theories about living in a larger, more inclusive world.

The Law of Nations in Global History

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global History ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Regional Histories ◽  
International Rule

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.

100 Years Ago: A Bibliographical Calendar of Diplomacy and International Law: In the Years 1914 and 1915

2014 ◽  
Vol 42 (3) ◽  
pp. 517-554 ◽  
Author(s):  
Joachim Schwietzke ◽  
Peter Macalister-Smith
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Armed Conflict ◽  
First World War ◽  
World War ◽  
World War One ◽  
The First World War ◽  
The World ◽  
The Military ◽  
First World

This Bibliographical Calendar focuses on a general armed conflict within Europe that spread to most parts of the world. It started during the second decade of the twentieth century. In this context the present Calendar offers an overview of the chronology leading up to the First World War. It is also a documented survey of official transactions relating to the World War with particular attention to the sources of record. The main focus of the work is on diplomatic acts of the belligerent and neutral parties that accompanied the military dimension of the conflict.The Calendar assumes the form of a compilation of related kinds of information situated between a bibliography and a repertory, with the aim of elucidating the course of World War One from the perspectives of international law and diplomacy.

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