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Author : Marc Weller,Mark Retter,Andrea Varga
Publisher : Cambridge University Press
Page : 1120 pages
File Size : 49,6 Mb
Release : 2021-01-31
Category : Law
ISBN : 1108498043
Author : Christine Bell
Publisher : OUP Oxford
Page : 410 pages
File Size : 42,5 Mb
Release : 2008-09-25
Category : Law
ISBN : 9780191551604
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. It describes and evaluates the development of contemporary peace processes and the peace agreements that emerge. The book sets out what is in essence an anatomy of peace agreement practice and interrogates its relationship to law. At its heart the book grapples with the role of law in ending violent conflict and the broader questions this raises for the relationship of law to social change. Law potentially plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in its regulatory guise. International Law regulates self-determination, transitional justice, and the role of third parties. The book documants and analyses these two roles of law. In doing so, the book reveals a complex dynamic relationship between the peace agreement as a legal document and the role of international law in which international law and concepts of domestic constitutionalism are being re-shaped. The practice of negotiating peace agreements is argued to be producing a new law of the peacemaker-or lex pacificatoria that connects developments in international law with new forms of domestic constitutional law in a set of hybrid relationships. This law of the peacemaker potentially forms part of a broader 'law of peace' that moves beyond the traditional concept of law of peace as merely 'the rest of international law' once the laws of war are subtracted. The new lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements. The book proposes an ambivalent response to 'this new law' which connects to contemporary debates about the force of international law and its appropriate relationship with domestic constitutonalism.
Author : Michel Erpelding,Burkhard Hess,Hélène Ruiz Fabri
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 45,5 Mb
Release : 2019
Category : Law
ISBN : 3848757540
With the benefit of hindsight, presenting the Treaty of Versailles as an example of 'peace through law' might seem like a provocation. And yet, the extreme variety and innovativeness of international procedural and substantial 'experiments' attempted as a result of the Treaty of Versailles and the other Paris Peace Treaties of 1919-1920 remain striking even today. While many of these 'experiments' had a lasting impact on international law and dispute settlement after the Second World War, and considerably broadened the very idea of 'peace through law', they have often disappeared from collective memories. Relying on both legal and historical research, this book provides a global overview of how the Paris Peace Treaties impacted on dispute resolution in the interwar period, both substantially and procedurally. The book's accounts of several all-but-forgotten international tribunals and their case law include references to archival records and photographic illustrations.
Author : N. A. Maryan Green
Publisher : Financial Times/Prentice Hall
Page : 394 pages
File Size : 45,7 Mb
Release : 1987
Category : Law
ISBN : UOM:39015014160488
Author : Steven van Hoogstraten,Nico Schrijver,Otto Spijkers,Anneleen de Jong
Publisher : Martinus Nijhoff Publishers
Page : 238 pages
File Size : 44,9 Mb
Release : 2016-12-08
Category : Law
ISBN : 9789004321243
This unique volume looks at international peace treaties, at their results, effects and failures. It reflects the outcome of an international conference held in the Peace Palace (The Hague) on the occasion of the Centenary of this institution, which opened its doors on the eve of World War I.
Author : Randall Lesaffer
Publisher : Cambridge University Press
Page : 505 pages
File Size : 43,5 Mb
Release : 2004-08-19
Category : Law
ISBN : 9781139453783
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Author : Marjorie Millace Whiteman
Publisher : Unknown
Page : 526 pages
File Size : 52,5 Mb
Release : 1963
Category : International law
ISBN : UCSC:32106015689117
Author : Rudolf Bernhardt
Publisher : Elsevier
Page : 316 pages
File Size : 48,5 Mb
Release : 2014-05-12
Category : Law
ISBN : 9781483256962
Encyclopedia of Public International Law, 3: Use of Force, War, and Neutrality Peace Treaties (A-M) focuses on hostile inter-State relations and associated questions, including the use of force, war, neutrality, and peace treaties. The publication first elaborates on the Munich Agreement, mines, militias, military reconnaissance, objectives, necessity, government, and forces abroad, mercenaries, liberation movements, land warfare, intervention, international military force, indiscriminate attack, and the Kellogg-Briand Pact (1928). The text then ponders on humanitarian law and armed conflict, flags and uniform in wars, enemies and enemy subjects, disarming of belligerents by neutrals, demarcation line, deserters, economic warfare, combatants, contributions, and contraband. The book examines collective punishment, measures, security, and self-defense, boundary settlements between Germany and her western neighbor states after World War II, bombardment, armistice, arms control, Asama Maru incident, air warfare, and alliance. The text is a vital source of data for researchers interested in the use of force, war, and neutrality peace treaties.
Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 52,8 Mb
Release : 1992
Category : Arbitration (International law)
ISBN : UOM:39015029249789
Author : Marcel Brus,Sam Muller,Serv Wiemers
Publisher : BRILL
Page : 166 pages
File Size : 54,6 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004637658
In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law. One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of and respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission and the Non-Aligned Movement to human rights and space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement and supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).
Author : Cecilia M. Bailliet
Publisher : Edward Elgar Publishing
Page : 608 pages
File Size : 53,5 Mb
Release : 2019
Category : Law
ISBN : 9781788117470
Peace is an elusive concept, especially within the field of international law, varying according to historical era and between contextual applications within different cultures, institutions, societies, and academic traditions. This Research Handbook responds to the gap created by the neglect of peace in international law scholarship. Explaining the normative evolution of peace from the principles of peaceful co-existence to the UN declaration on the right to peace, this Research Handbook calls for the fortification of international institutions to facilitate the pursuit of sustainable peace as a public good.
Author : Onuma Yasuaki,Yasuaki Ōnuma
Publisher : Cambridge University Press
Page : 733 pages
File Size : 47,5 Mb
Release : 2017-02-15
Category : Law
ISBN : 9781107024731
This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law.
Author : Sterling E. Edmunds
Publisher : Forgotten Books
Page : 79 pages
File Size : 50,8 Mb
Release : 2015-06-26
Category : Political Science
ISBN : 1330200640
Excerpt from International Law Applied to the Treaty of Peace It is permitted in some instances of cession, but withheld altogether in others. As to the Covenant of the League of Nations, it is a reactionary institution rather than a progressive one, in that it ignores the whole modern trend toward the establishment of international relations upon the foundations of law, rather than upon compromise and expediency. The Covenant of the League of Nations looks to the establishment of superintendence over international relations by political as distinguished from legal methods. There is not a single reference to international law in the whole Covenant that points to any definite plan whatever for the progressive improvement and extension of that law. In neither the Council of the League of Nations nor in any body to function under it, in the proposed settlement of disputes, is there any provision for the limitation of their actions within the settled principles of law. It is possible for the League of Nations to take up and carry on the achievements of the last two decades, starting where the Hague Conferences left off and looking to the progressive development of law and the substitution of judicial settlements for mere arbitration based on compromise, but such an intention is nowhere manifested in the Covenant. In fact there appears to be almost a complete abandonment of the lessons of the past. Not only does the Treaty of Versailles fail to lend its great sanction to the establishment of progressive principles, but it sets aside, so far as future validity is concerned, many principles wrung only with the most laborious effort from a self-interested world. Thus the rules instituted for the protection of private property on land and in territorial waters, and even that protecting the private property of prisoners of war, are swept aside. The settled distinctions with respect to belligerent rights of destruction, and those limiting the exercise of belligerent force within lawful bounds, are confounded. The effect of the outbreak of war on treaties i 3 thrown into greater confusion than ever by reason of inconsistent and contradictory action. In the stipulation for the trial and punishment of those German nationals found guilty of violations of the laws of civilized warfare a wholesome step forward has been taken calculated to sustain these laws in the times to come and to promote their observance. It was not necessary to the placing of the severest burdens upon Germany to have declared that Germany must accept the responsibility for causing all loss and damage to which the Allied and Associated governments and their nations have been subjected; for, as pointed out in the discussion of the article, the laws of war plainly distinguish between lawful and unlawful loss and damage. The amount of unlawful loss and damage for which Germany is responsible, in view of her utterly barbarous methods of carrying on war, probably far exceeds any sum which may ultimately be received. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Walter G. F. Phillimore Phillimore,Walter George Frank Phillimore Baron Phillimore
Publisher : The Lawbook Exchange, Ltd.
Page : 246 pages
File Size : 53,6 Mb
Release : 2011-03
Category : Law
ISBN : 9781584778578
A Guide for Diplomats Published at the End of the First World War. While writing this book in 1917, Phillimore anticipated the difficulties that would face diplomats at the conclusion of the First World War. Their task would be, he thought, "a Congress of Vienna, a Hague Conference, and a Geneva Conference rolled into one." Three Centuries of Treaties of Peace and Their Teaching, a historical analysis of treaties enacted from 1582 to 1913, was intended to provide the diplomatic community with "some guidance for the future, that we should thereby acquire some explanation of the condition of Europe on the threshold of the present war, and see the position to which previous diplomatic settlements had brought us" (xii). "The work as a broad, scholarly but condense revue of the peace treaties of three centuries has undoubted interest and value." --CHARLES NOBLE GREGORY, American Journal of International Law 12 (1918) 679. SIR WALTER GEORGE FRANK PHILLIMORE [1845-1929] was a Judge of the High Court Justice from 1897 to 1913, a Lord Justice of Appeal from 1913 to 1916, and in 1918 was raised to the peerage. As an authority on ecclesiastical law and international law Lord Phillimore carried on the tradition of his family. He edited the Second Edition of The Ecclesiastical Law of the Church of England and the Third Edition of Vol. IV of International Law, both by his father, Sir Robert Phillimore. He was President of the International Law Association from 1905-1908. In 1918 he was appointed chairman of the naval prize tribunal. He was the English representative on the commission which sat at The Hague (1920) to prepare the scheme of a permanent Court of International Justice, and was also chairman of the Foreign Office committee on the League of Nations. CONTENTS Preface List of Authorities I. Conditions of a Just, Lasting, and Effective Treaty of Peace II. Lessons Supplied by Treaties of Peace from Westphalia, 1648, to the Congress of Vienna, 1815 III. The Congress of Vienna and its Legacies IV. The Making of Italy and the Remaking of Germany V. The Treaty History of Eastern Europe VI. Extra-European Treaties of Peace VII. Treaties Concerning the Laws of War VIII. How Treaties are Brought to an End IX. Conclusions Chronological List of Treaties Index
Author : Marcelo G. Kohen,Mamadou Hébié
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 44,8 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781782546870
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapters discuss the process through which states establish sovereignty over a territory, and review the different titles of territorial sovereignty, the relation between titles and effectivités, as well as the relevance of state conduct. Select chapters focus on the impact of foundational principles of international law such as the principle of territorial integrity, the right of self-determination and the prohibition of the threat or use of force, on territorial disputes. Finally, technical rules that are crucial for the assessment of territorial claims, especially the techniques of intertemporal law and critical date, as well as evidentiary rules, are presented. An essential resource for practitioners, international law academics and public officials including judges and arbitrators, this Research Handbook is a highly original collection of scholarship and research on territorial disputes and their settlement.