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Author : Sterling Edwin Edmunds
Publisher : Unknown
Page : 60 pages
File Size : 40,7 Mb
Release : 1919
Category : International law
ISBN : STANFORD:36105043534788
Author : Sterling E. Edmunds
Publisher : Forgotten Books
Page : 79 pages
File Size : 47,9 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 : Randall Lesaffer
Publisher : Cambridge University Press
Page : 505 pages
File Size : 40,9 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 : Coleman Phillipson
Publisher : The Lawbook Exchange, Ltd.
Page : 506 pages
File Size : 47,8 Mb
Release : 2008
Category : Law
ISBN : 9781584778608
This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911). CONTENTS PART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and Subjugation I. Termination of War by Reciprocal Intermission of Hostilities II. Termination of War by Conquest and Subjugation III. Premature Annexation. Views as to Validity of Conquests IV. Main Effects of Conquest and Subjugation with Regard to State Succession Part II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their Effects I. Armistice Conventions II. Interposition of Third Powers III. Preliminaries of Peace IV. Constitution and Procedure of the Peace Conference. General Principles V. Peace Negotiations. Notable Examples from Previous Wars VI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation. VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring Performance VIII. The Treaty of Peace. Main Clauses and Effects IX. The Treaty of Peace. Main Clauses and Effects (continued) X. The Treaty of Peace. Main Clauses and Effects (continued) XI. Effect of Cession. State Succession: Nationality XII. Effect of Cession. State Succession: Treaties. Public Law and Administration XIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private Rights APPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the Work INDEX of Subject-Matter INDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses
Author : Sterling E 1880-1944 Edmunds
Publisher : Palala Press
Page : 128 pages
File Size : 50,9 Mb
Release : 2016-05-24
Category : Electronic
ISBN : 1359394869
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : N. A. Maryan Green
Publisher : Unknown
Page : 344 pages
File Size : 51,6 Mb
Release : 1973
Category : International law
ISBN : UCAL:B4279466
Author : Sterling Edwin Edmunds
Publisher : Unknown
Page : 71 pages
File Size : 44,6 Mb
Release : 1900
Category : International law
ISBN : OCLC:610446033
Author : John Westlake
Publisher : Unknown
Page : 390 pages
File Size : 43,8 Mb
Release : 1910
Category : International law
ISBN : UOM:35112203733516
Author : Henry Wager Halleck
Publisher : Unknown
Page : 962 pages
File Size : 42,7 Mb
Release : 1861
Category : International law
ISBN : HARVARD:32044011805009
Author : Cecilia Marcela Bailliet,Kjetil Mujezinovic Larsen
Publisher : OUP Oxford
Page : 480 pages
File Size : 53,6 Mb
Release : 2015-01-29
Category : Law
ISBN : 9780191034305
Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.
Author : Benjamin B. Ferencz
Publisher : Unknown
Page : 490 pages
File Size : 48,7 Mb
Release : 1983
Category : International law
ISBN : UCAL:B4464155
Author : Lassa Oppenheim
Publisher : Unknown
Page : 860 pages
File Size : 45,6 Mb
Release : 1920
Category : International law
ISBN : UCAL:B3350532
Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 167 pages
File Size : 45,8 Mb
Release : 2000
Category : Arbitration (International law)
ISBN : 9781584771036
Author : Henry Wager Halleck
Publisher : Unknown
Page : 572 pages
File Size : 51,9 Mb
Release : 1878
Category : International law
ISBN : UOM:39015062936243
Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 55,8 Mb
Release : 2018
Category : Electronic
ISBN : 9781788112154
This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.