Questions of State Succession Raised by the German Annexation of Austria

1938 ◽  
Vol 32 (3) ◽  
pp. 421-438 ◽  
Author(s):  
James Wilford Garner
Keyword(s):  
International Law ◽  
Local Governments ◽  
League Of Nations ◽  
Armed Force ◽  
Or Practice ◽  
The Status ◽  
State Succession ◽  
German Reich

The recent annexation of Austria to the German Reich (the terms “incorporation” or “absorption” are preferred by some) has raised certain questions of international law or practice with which other states have already had, or will have, to deal and upon some of which Germany also will be called upon to take a position. Among the questions already raised or which may be raised are the following: (1) Assuming that the annexation was brought about by the use of armed force against Austria without her consent and in violation of treaties or international law, should those states which have bound themselves by treaties not to recognize the validity of territorial annexations made under such circumstances, accord de jure recognition to the German annexation of Austria? (2) What effect did the annexation have on the status and obligations of Austria as a member of the League of Nations? (3) What effect did it have on the status of the treaties between Austria and other countries which were in force at the time of the annexation? (4) Did the application of Germany’s treaties with other states extend automatically, following the annexation, to the territory of Austria? (5) Is Germany bound by the generally recognized rules of international law to assume the payment of the debts of the former Austrian state, including those of the local governments of Austria?

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.

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.

Theories and Practice of State Succession to Bilateral Treaties: The Recent Experience of Kosovo

2013 ◽  
Vol 14 (9) ◽  
pp. 1639-1659 ◽  
Author(s):  
Qerim Qerimi ◽  
Suzana Krasniqi
Keyword(s):  
United Nations ◽  
International Law ◽  
Recent Experience ◽  
International Treaties ◽  
Precise Meaning ◽  
The Status ◽  
State Succession ◽  
The United Nations ◽  
Multilateral Regimes ◽  
Bilateral Treaties

This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties concluded by the United Nations Interim Administration Mission in Kosovo (UNMIK) and the former Socialist Federal Republic of Yugoslavia (SFRY) or, as applicable, any other predecessor entity. More specifically, the aim is to identify and comprehend the fundamental principles underlying the existing or developing practice of treaty succession, and to situate it within a broader framework of succession in international law. Kosovo's absence from key multilateral regimes, in particular the United Nations, dictates a focus on succession to bilateral treaties. Kosovo is in the process of establishing with its partners the status of its bilateral treaties undertaken by way of succession.

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 Mandate System and the Palestine Mandate: What Did and Does It Say about International Law and What Did and Does It Say about Palestine?

2016 ◽  
Vol 49 (3) ◽  
pp. 287-308
Author(s):  
Malcolm Shaw
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Self Determination ◽  
The Status ◽  
Mandate System

This article examines the essential characteristics of the Palestine Mandate in the context of the League of Nations mandate system as a whole, pointing out its particular nature. It commences with a brief look at the Versailles environment and the relevance of the principle of self-determination, with an emphasis upon the development of the mandate system. The article then turns to consider the Palestine Mandate in its historical framework and the exceptionality of this Mandate. The distinction between the international allocation of the status of a territory and the determination of its boundaries is posited.

The Crisis of the Ryukyus (1877–82)

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty
Keyword(s):  
International Law ◽  
Colonial Power ◽  
Independent State ◽  
The People ◽  
The Us ◽  
The Status ◽  
Historical Viewpoint

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

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