International Law and Global Ideological Conflict: Reflections on the Universality of International Law

1951 ◽  
Vol 45 (4) ◽  
pp. 648-670 ◽  
Author(s):  
Kurt Wilk
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Legal Theory ◽  
League Of Nations ◽  
Political Ideologies ◽  
The Family ◽  
The World ◽  
The Hague ◽  
New Challenges

If, after the nineteenth century, there remained any question concerning the universality of international law, or of its fundamental rules, it appeared to be largely one of legal history. But as the world of the twentieth century has come to be divided by political ideologies, their legal ramifications have given the question new actuality as one of basic legal theory. That the Family of Nations, or the subjects of international law, embraced virtually all states of the world seemed no longer open to serious doubt when non-Christian states wholly outside Europe took part in the Hague Peace Conferences of 1899 and 1907 and when participation by such states was continued and further extended in the Paris Peace Conference of 1919 and in the League of Nations. Yet the same period that saw the unquestioned global expansion of international law has had to face new challenges to its unity as a single, universally valid legal system. They were raised chiefly by German Nazis and Soviet Communists, or in turn against them by their respective critics and opponents. Confronted with these challenges, the universal validity of international law appears no longer as an existingphenomenon that may be traced back to its origins and on to its eventual completion, but as a debatable assumption that stands to be justified or rejected in the light of fresh examination.

Progress of the Work of the League of Nations Codification Committee

1927 ◽  
Vol 21 (4) ◽  
pp. 659-667
Author(s):  
Jesse S. Reeves
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Preliminary Work ◽  
The World ◽  
The Hague ◽  
The Creation

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.

Rule of Law in a Brave New Empire: Legal Rhetoric and Practice in Manchukuo

2008 ◽  
Vol 26 (2) ◽  
pp. 285-318 ◽  
Author(s):  
Thomas David Dubois
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Legal History ◽  
League Of Nations ◽  
The State ◽  
Military Power ◽  
Legal Rhetoric ◽  
The World ◽  
Point Of No Return

An inquiry into law in Manchukuo might seem, at first glance, to be something of an oxymoronic task. The state itself was created in clear contravention to international law, and when the investigation of the Lytton Commission stated as much in 1933, Japan walked out of the League of Nations, the closest the world had to an international arbitrational body at the time. Within Japan itself, the creation of Manchukuo could be considered the point of no return in the march toward wartime militarism. After this event, arbitrary and military power ran roughshod over civilian institutions of governance, so much so that some scholars of Japanese legal history characterize the period as the “collapse of the legal system” (hō teisai hōkai).

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 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 63 Paraguay: Paraguayan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Rodríguez José Antonio Moreno
Keyword(s):  
Latin America ◽  
Member State ◽  
International Law ◽  
International Institute ◽  
Private International Law ◽  
State Law ◽  
Conflict Of Laws ◽  
Commercial Code ◽  
The World ◽  
The Hague

This chapter highlights Paraguayan perspectives on the Hague Principles. Paraguay does not have a law dealing comprehensively and organically with Private International Law. The Civil and Commercial Code of 1987 contains the basic regulation on conflict of laws, and other provisions on the field can be found scattered in several special laws dealing with specific matters. Paraguay adhered, as a Member State, to the Hague Conference on Private International Law via Law 2555 of 2005. It is the first country in the world to legislate on international contracts heavily influenced by the Hague Principles. The Paraguayan law on international contracts drawn upon the Hague Principles openly allows the application of non-State law, and the International Institute for the Unification of Private Law (UNIDROIT) Principles clearly qualify as such.

Hague Conventions on Private International Law

2019 ◽  
pp. 239-272
Author(s):  
V.C. Govindaraj
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Active Member ◽  
Private International Law ◽  
Conflict Of Laws ◽  
World Community ◽  
Child Abduction ◽  
The World ◽  
The Hague ◽  
The Law

The world has to acknowledge the contribution the Hague Conference on Private International Law has hitherto made and continues to make in its endeavour to obtain from the world community approval and acceptance of the outcome of its efforts to unify rules of conflict of laws. India has become an active member of the Hague Conference. This chapter discusses the recognition of decrees of divorces and judicial separation and maintenance obligations; child custody and child abduction; the law relating to succession; the law relating to service of summons abroad; Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, 1961; and Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters, 1970.

scholarly journals Of International Law, Semi-colonial Thailand, and Imperial Ghosts

2018 ◽  
Vol 9 (1) ◽  
pp. 46-74 ◽  
Author(s):  
Prabhakar SINGH
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Public International Law ◽  
Colonial State ◽  
Customary International Law ◽  
Post Colonial ◽  
Political Independence ◽  
Preah Vihear ◽  
Political Ferment

AbstractI argue that contextually reading two disputes involving Siam—Cheek v. Siam (1898) and the Temple of Preah Vihear (1962)—proves that both private law and public international law are structurally rigged against ex-semi-colonial nations. Nineteenth-century Siam was a political ferment known variously as a semi-colonial, semi-peripheral, non-colonial, or uncolonized polity. Siam bargained under imperial shadows her political independence by the tactical grants of concession contracts, as well as by negotiating treaties with competing European powers. In the post-colonial Temple of Preah Vihear case, colonial stationery—maps, photographs, and communiqués—as well as imperial customs offered evidentiary support to Cambodia, an ex-colonial state, against Thailand. In the early twentieth century, while authors picked Cheek v. Siam as a precedent for the law of international claims, textbooks offer the Temple of Preah Vihear case as a precedent on the form of treaties and estoppel. Conclusively, these two cases allow us to locate, if not exorcise, the ghosts of empires in Asian legal history, exposing, at the same time, Judge Koo’s Orientalization of customary international law.

Part I Histories, Ch.8 Imperialism and International Legal Theory

2016 ◽  
Author(s):  
Anghie Antony
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Political Issues ◽  
Central Concern ◽  
The World ◽  
Historical Periods

This chapter examines the issue of how imperialism has impinged on theorizing about international law in different historical periods, as imperialism is a distinctive experience that has generated new questions and concepts that have been and need to be further explored in order to acquire a better grasp of the operation of international law and its effects on the world. The argument here is that we are faced by a fundamental paradox: although imperialism has been crucial to the development of international law, it has not really been a central concern of the theory of international law for much of the last century. This is because of a broad tendency to view ‘colonial questions’ as pragmatic or political issues that did not implicate the great theoretical concerns of the time, or else to characterize imperialism in a manner that easily enabled its assimilation into these concerns.

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.

Concepción Arenal and the place of women in modern international law

2020 ◽  
Vol 88 (1-2) ◽  
pp. 211-253
Author(s):  
Ignacio de la Rasilla
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Historical Context ◽  
International Congress ◽  
Early Twentieth Century ◽  
History Of ◽  
Individual Contributions ◽  
History Of International Law ◽  
Academic Study

Summary This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.

The Growth and Dissolution of a Large-Scale Business Enterprise

2012 ◽  
Author(s):  
Gordon Boyce
Keyword(s):  
Twentieth Century ◽  
Large Scale ◽  
Financial Structure ◽  
Industrial Sector ◽  
Business Enterprise ◽  
Early Twentieth Century ◽  
The Social ◽  
The Family ◽  
The World

This book is an in-depth case study of the Furness Withy and Co Shipping Group, which operated both tramp and liner services and was one of the five major British shipping groups of the early twentieth century. It demonstrates how British shipowners of this period generated success by exploring Christopher Furness’ career in relation to the social, political, and cultural currents during a time of tremendous shipping growth in Britain and the establishment of some of the largest shipping firms in the world. It approaches the study from three angles. The first analyses how the Furness Group expanded its shipping activities and became involved with the industrial sector. The second illustrates the organisational and financial structure of the enterprise. Finally, the Group’s leadership and entrepreneurship is scrutinised and placed within the wider context of twentieth century British business. The case study begins in 1870, with an introduction explaining how Christopher Furness came to join the family company, Thomas Furness and Co. in order develop services, expand, and instigate the changes and mergers that brought the Furness Group into existence. There are thirteen chronologically presented chapters, a bibliography, and seven appendices of data including an ownership timeline, tonnage statistics, acquisitions, a list of maritime associates, and a timeline of Christopher Furness’ life. The book concludes in 1919 with the de-merging of the Furness Group’s shipping and industrial holdings, the resignation of the Furness family from the company’s board, the sale of their shares, and the move into managing the firm’s industrial interests.

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