International Law and the Independent State (2d ed.). By Ingrid Detter De Lupis. Brookfield, Vt.: Gower Publishing Company, 1987. Pp. xxvi, 252. Indexes. $49.95

1988 ◽  
Vol 82 (3) ◽  
pp. 640-643
Author(s):  
Christopher Osakwe
Keyword(s):  
International Law ◽  
Publishing Company ◽  
Independent State

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 Lawlessness in Grenada

1984 ◽  
Vol 78 (1) ◽  
pp. 172-175
Author(s):  
Francis A. Boyle ◽  
Abram Chayes ◽  
Isaak Dore ◽  
Richard Falk ◽  
Martin Feinrider ◽  
...  
Keyword(s):  
International Law ◽  
Reagan Administration ◽  
Convincing Evidence ◽  
American People ◽  
Military Operation ◽  
Independent State ◽  
Medical College ◽  
American States ◽  
Domestic Affairs ◽  
The U.S

The Reagan administration’s arguments purporting to justify the invasion of Grenada under international law must not be allowed to inveigle the American people into supporting this violent intervention into the domestic affairs of another independent state. Throughout the 20th century, the U.S. Government has routinely concocted evanescent threats to the lives and property of U.S. nationals as pretexts to justify armed interventions into sister American states. The transparency of these pretexts was just as obvious then as it is now. The Reagan administration has not established by means of clear and convincing evidence that there did in fact exist an immediate threat to the safety of U.S. citizens in Grenada. Even then, such a threat could have justified only a limited military operation along the lines of the Israeli raid at Entebbe for the sole purpose of evacuating the major concentration of U.S. nationals at the medical college.

Extraterritorial Jurisdiction in the Ancient World

1935 ◽  
Vol 29 (2) ◽  
pp. 237-247 ◽  
Author(s):  
Shalom Kassan
Keyword(s):  
International Law ◽  
The State ◽  
Ancient World ◽  
Independent State ◽  
The People ◽  
Extraterritorial Jurisdiction

It is now an established principle of modern international law, that there exists in every independent State but one body of law. This body of law is administered by all the courts alike over all persons and things within its territorial limits. These courts, within the limits of their respective jurisdictions, do not discriminate between the various inhabitants of the State. The origin, nationality or religion of the people who appear before the courts is not questioned, and is not of any importance.

scholarly journals Decolonization and Sovereign Debt

2021 ◽  
pp. 213-231
Author(s):  
Michael Waibel
Keyword(s):  
International Law ◽  
Sovereign Debt ◽  
Complex State ◽  
Independent State ◽  
Successor State ◽  
State Succession ◽  
The Law

The complex state succession cases arising from decolonization generated intense debates within legal circles. This chapter examines the tension between two stylized schools on state succession into debt: the universal succession and clean slate theories. Universal succession refers to the automatic and complete assumption of the colonial power’s rights and obligations by the newly independent state as they relate to its territory. According to the competing clean slate theory, the former colonial power’s obligations (including debts) as they relate to the territory of the newly independent state are extinguished on independence. Because these obligations are personal to a state, they lapsed on independence. The successor state thus starts life with a clean slate. This chapter provides historical insights into this legal controversy by focusing on the two scholars and practitioners of international law who embodied these two schools of thought, Judge Mohamed Bedjaoui and Professor Daniel Patrick O’Connell. We show how the fundamental disagreements between the two schools (and their radically different implications for the conditions under which colonial entities can achieve independence) have left the law on state succession in flux. Ultimately, the solutions adopted in the decolonization context and in later succession disputes remained highly case-specific and typically involved an agreement between the states concerned.

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