... between the origins ofinternationallawandthe colonial encounter in these, the first teachings on international law? Further, what does an examination of these origins suggest about the relationship ... view to furthering it, but in an attempt to illuminate the tragedies and violence inherent8 inthe project ofthe civilizing mission, and its continuing operation ininternationallaw My broad ... internationallaw is further reflected by the structure of many ofthe major textbooks ofinternational law, which introduce the subject by outlining the problem and offering some sort of solution...
... 43–59 International Legal Materials InternationalLaw Reports International Review ofthe Red Cross Leiden Journal ofInternationalLaw Netherlands Yearbook ofInternationalLaw Organisation of ... 3, entered into force January 1976 International Court of Justice Reports oftheInternational Court of Justice Internationaland Comparative Law Quarterly International Committee ofthe Red Cross ... alongside the practice ofthe ‘war on terror’ since 11 September 2001 Since then, international lawyers have become more vocal and there is certainly more published material Internationallaw is...
... between the origins ofinternationallawandthe colonial encounter in these, the first teachings on international law? Further, what does an examination of these origins suggest about the relationship ... internationallaw is further reflected by the structure of many ofthe major textbooks ofinternational law, which introduce the subject by outlining the problem and offering some sort of solution ... view to furthering it, but in an attempt to illuminate the tragedies and violence inherent8 inthe project ofthe civilizing mission, and its continuing operation ininternationallaw My broad...
... Christians, for they think they are thus rendering God service’.40 Instead of examining theissuesof subjective belief and just war doctrine and then deciding whether or not they applied to the Saracens, ... Westlake was Whewell Professor ofInternationalLawinthe University of Cambridge in 1894, at the time ofthe publication of his work, Chapters on the Principles ofInternationalLaw (Cambridge: Cambridge ... Lorimer insisted on the exceptional dependence ofthelawof nations on thelawof nature’ Lorimer, The Institutes oftheLawof Nations, p 23 See ibid., pp 19 27 Lassa Oppenheim, The Science of International...
... with the primitive The primitive was not so much outside internationallaw awaiting its ordering ministrations, but within the very heart ofthe discipline, andthe subsequent efforts oftheinternational ... the efficacy, coherence and utility ofinternationallaw free ofthe ubiquitous and unanswerable Austinian objections.95 In short, the colonies offered internationallawthe same opportunity they ... 138 139 Lawrence, The Principles ofInternational Law, p 52 Lawrence then characterizes Grotius as being engaged inthe task of solving this problem by an application ofthe Roman lawof property...
... at the same time that another monumental change was taking place ininternational law, the emergence ofinternational institutions inthe form ofthe League of Nations Up to the beginning ofthe ... major European states An understanding ofthe role of race and culture inthe formation of basic internationallaw doctrines such as sovereignty is crucial to an understanding ofthe singular relationship ... League of Nations andthe new internationallaw Sovereignty andthe move to institutions:28 the creation ofthe League of Nations The Mandate System was created inthe context of a broader set of...
... under the Mandate System were governed by the same vision ofthe mandates as a source of raw materials, on the one hand, and markets, on the other In examining the operation ofthe mandate, then, ... nineteenth-century internationallaw remained unchallenged by the new internationallawofthe mandates that now presumed the triumph of European internationallawandthe unequal international relations ... sense ofthe final end ofthe Mandate System According to Article 22 ofthe Covenant, the primary purpose ofthe Mandate System was to secure the ‘well-being and development’ ofthe peoples of the...
... series of techniques including the fusion oflaw with administration and all its trappings The relationship between the two issuesof doctrine and technique is mutually reinforcing and dialectic Indeed, ... Friedmann, The Position of Underdeveloped Countries andthe Universality ofInternationalLaw , (1963) Columbia Society ofInternationalLaw Bulletin 12, cited in Fatouros, InternationalLawandthe ... state 209 Many ofthe controversies regarding the impact ofthe new states on the rules ofinternationallaw emerged in pointed form inthe disputes generated by the doctrine of state responsibility...
... the principles embodied in this internationallawof contracts derived from ‘general principles oflaw One ofthe aspirations ofthe new states was to expand the range ofinternationallawand ... and powerful account ofthe failure ofthe Third World to establish the concept ofthe ‘common heritage of mankind’ to advance its own interests intheLawofthe Sea, another area in which the ... under theinternationallawofthe nineteenth century Grotius, the father ofinternational law, had also served as the lawyer for the Dutch East India Company, and had written several of his...
... the Articles of Agreement, the constituting documents ofthe institutions and, second, inthe larger universe ofinternationallaw which creates the environment in which these international institutions ... as representing the colonial origins ofinternationallaw but the colonial origins ofinternational human rights law, then another theme becomes evident What we see inthe discourse of human rights ... to the work of Vitoria andthe beginnings ofthe modern discipline ofinternationallaw As I have argued, Third World sovereignty is distinctive; Western sovereignty was protected against the intrusion...
... continuously questioning developments ininternationallaw on the basis of a vision ofinternational justice that is informed by an understanding ofthe colonial historyofinternationallawand ... institutions ininternationallaw that began with the whimsical preface The colonial origins ofThe colonial origins of: international human rights law; investment law; lawand development; international ... ways: thehistoryof slavery, thehistoryofthe relationship between the Native Americans andthe European settlers, thehistoryof America’s war of independence andthehistoryof earlier instances...
... Born? An Inquiry oftheHistoryofInternationalLaw from an Intercivilizational Perspective’, Journal oftheHistoryofInternationalLaw (2000) 66 Oppenheim, Lassa, International Law: A Treatise ... Schrijver The Polar Regions andthe Development ofInternationalLaw Donald R Rothwell Fragmentation andtheInternational Relations of Micro -States Jorri Duursma Principles ofthe Institutional Lawof ... Ullstein Dispute Settlement inthe UN Convention on theLawoftheSea Natalie Klein TheInternational Protection of Internally Displaced Persons Catherine Phuong Imperialism, Sovereignty and the...
... percent.)8 The best bet was that the “green shoots” seen inthe spring of 2009 indicated a recovery in some ofthe areas hit hardest at the end of 2008 andthe beginning of 2009, including a rebuilding ... am indebted to Michael Greenberger, now professor oflaw at the University of Maryland and director ofthe Division of Trading andMarketsofthe Commodity Futures Trading Commission during the ... Ecuador) I have been writing on the subject of financial regulation since the savings and loan debacle inthe United Statesinthe late 1980s, andthe influence of my coauthors in this area, both at...
... endorsement ofthe divine and hereditary right of English kings to rule, his promotion of accumulated wealth inthe hands ofthe few, and above all his disdain for common people and for the idea of government ... Activism, the Public Interest, andthe Making of Constitutional Law l a r ry yac k l e the university of chicago press chicago and london larry yackle is professor oflawandthe Basil Yanakakis Research ... creature of language and grammar the logical structure that distinguishes lines that human beings deliberately draw on the page (or inthe sand) from those left behind by the wind andthe waves...
... place at theInternational Institute for the Sociology ofLawin Onati, Spain in June 2007 The main aim ofthe workshop was to gather together experts inthe fields of criminal lawand procedure, ... are at the disposal of criminal justice systems? By examining current changes inthe law, and placing them in an overall understanding of what the criminal law is, has been and should be, the chapters ... ofthe accused; the widening boundaries ofthe criminal law to include offences of preparation and planning; the scope and justification of offences against the person such as rape, assault and...
... aspects of Darwin’s thinking during that time which, albeit playing major parts inthe construction ofthe theory of evolution, are missed inthe picture of scientific thinking presented by the “theory ... branching tree of nature have something in common with Kekulé’s reverie ofthe dance ofthe atoms And to attain the necessary level in our own thinking we need in- depth studies of both Darwin and ... farthest in its theoretical borrowing from thehistoryof science is the “theory theory” as propounded by Gopnik and Meltzoff (1997) The central tenet of this theory is “that the processes of...
... directors andof cers had to pay hefty penalties to the stockholders, proportioned by the size of their estates andthe depth of their culpability Instead of alleviating some ofthe burden ofthe national ... andin some tence during the administration of Andrew Jackson But from its ashes ways bested, those of Britain, soon arose a second national debt and Holland, andthe rest ofthe a plethora of ... development ofmarkets for private securities, including stocks and bonds of a wide variety of financial institutions and other types of businesses With the aid ofthe debt, Britain’s economy...
... the role ofinternationallawinthe elimination of child labor, including the limits ofinternationallaw methods of addressing this problem, are presented by the author in Chapter Part I International ... control ofthe individual’s belongings; and (iii) the existence of informed consent and a full understanding ofthe nature ofthe relationship between the parties.” 16 • InternationalLawinthe ... resulted inthe establishment ofthe Commission of Inquiry The findings ofthe Commission of Inquiry echo those ofthe earlier report ofthe Committee of Experts It concluded that Burma was in violation...
... European Journal ofInternational Relations, and Review ofInternational Studies His research interests focus on international relations theory, international history, international law, international ... League of Nations into the dustbin ofhistory If the Council would not license the use of force, the United States would lead a ‘Coalition ofthe Willing’ to defend the rule oflawand protect international ... against terrorism’, the intervention in East Timor, the treatment of refugees, the expansion ofthe European Union, andthe creation oftheInternational Criminal Court In each of these cases the...
... such as thehistoryofthe philosophy ofinternational law, the legitimacy ofinternationallawandin particular its democratic legitimacy, the sources ofinternational law, the nature ofinternational ... about internationallawThe book is divided in two main parts: General Issuesinthe Philosophy ofInternationalLawand Specific Issuesinthe Philosophy ofInternationalLaw Chapters inthe first ... problems arising in specific domains ofinternational law, such as human rights law, international economic law, international criminal law, international environmental law, andthe laws of war Of course,...