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Australian Representatives to the UNWCC, 1943–1948 1943-1948年澳大利亚驻UNWCC代表
IF 0.7 Q2 LAW Pub Date : 2022-07-13 DOI: 10.1163/15718050-12340204
N. Morris
Australia had a number of significant personnel involved in the United Nations War Crimes Commission (UNWCC). Yet the strongest Australian influence on the UNWCC was not Australian at all; it was the British-born jurist Lord Wright of Durley, who served as Australia’s representative from mid-1944 and as UNWCC chair during the pivotal years from 1945 to 1948. Lord Wright took charge only months before the wars in Europe and the Pacific ended and thus played a significant role in directing the UNWCC’s efforts during this crucial period. Unfortunately, the UNWCC became less and less able over time to influence its national members and their approaches to prosecuting war crimes. The eventual sidelining of the UNWCC does not, however, change its important place in the history of multilateral institutions that sought to deal with war crimes committed in the twentieth century by means of international criminal law. Nor does it detract from the honest and industrious work of the various national representatives, including Lord Wright, to ensure that war criminals did not escape justice.
澳大利亚有一些重要人员参与了联合国战争罪行委员会(战争罪行委员会)。然而,澳大利亚对UNWCC影响最大的根本不是澳大利亚;出生于英国的法学家赖特勋爵(Lord Wright of Durley)从1944年中期开始担任澳大利亚代表,并在1945年至1948年的关键时期担任UNWCC主席。赖特勋爵在欧洲和太平洋战争结束前几个月上任,因此在这一关键时期,他在指导UNWCC的努力方面发挥了重要作用。不幸的是,随着时间的推移,UNWCC越来越无法影响其国家成员及其起诉战争罪的方法。然而,禁毒署的最终边缘化并没有改变它在寻求通过国际刑法处理二十世纪所犯战争罪行的多边机构历史上的重要地位。它也不会减损包括赖特勋爵在内的各国代表为确保战犯不逃脱法律制裁而进行的诚实和勤勉的工作。
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引用次数: 0
Crossroads in London on the Road to Nuremberg: The London International Assembly, Exile Governments and War Crimes 在通往纽伦堡的道路上,伦敦的十字路口:伦敦国际大会、流亡政府和战争罪行
IF 0.7 Q2 LAW Pub Date : 2022-07-13 DOI: 10.1163/15718050-bja10071
J. Eichenberg
During the Second World War, representatives of occupied European countries fled the continent, mostly to Great Britain. From 1940 onwards, exiled political representatives of Belgium, Czechoslovakia, Greece, Luxembourg, the Netherlands, Norway, Poland, Yugoslavia and Free France were situated in London. This initiated debates about a broad range of legal issues, ranging from recognition and legitimacy to post-war justice. Law thus became a focal point in London, both imperative to uphold statehood and legitimacy in exile and an indispensable tool for planning and structuring the post-war world. This article looks at the pre-history of the UNWCC and presents interests and forces behind the creation of such a commission, and the attempts of different groups, states and individuals to maintain agency. This article will introduce discussions around the St James’s Declaration, the London International Assembly (LIA) and at Chatham House as important steps leading towards the UNWCC.
在第二次世界大战期间,被占领的欧洲国家的代表逃离了欧洲大陆,大部分逃到了英国。从1940年起,比利时、捷克斯洛伐克、希腊、卢森堡、荷兰、挪威、波兰、南斯拉夫和自由法国的流亡政治代表都驻扎在伦敦。这引发了关于广泛的法律问题的辩论,从承认和合法性到战后正义。因此,法律成为了伦敦的一个焦点,既是在流亡中维护国家地位和合法性的必要条件,也是规划和构建战后世界不可或缺的工具。本文着眼于UNWCC的史前历史,并介绍了创建这样一个委员会背后的利益和力量,以及不同团体,国家和个人维持机构的尝试。本文将介绍围绕圣詹姆斯宣言、伦敦国际大会(LIA)和查塔姆研究所的讨论,这些都是通向UNWCC的重要步骤。
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引用次数: 0
The United Nations War Crimes Commission and the Prosecution of War Criminals in Yugoslavia 联合国战争罪行委员会和对南斯拉夫战争罪犯的起诉
IF 0.7 Q2 LAW Pub Date : 2022-06-22 DOI: 10.1163/15718050-bja10066
Sabina Ferhadbegović
To understand the different developments that shaped the Yugoslav war crimes policy it is important to analyse the impact of international discussions on the Yugoslav criminal law and the Yugoslav involvement in the United Nations War Crimes Commission (UNWCC). During the Second World War two different institutions claimed to be the legal representatives of the Yugoslav people: The Yugoslav government in exile in London and the communist led AVNOJ (The Anti-Fascist Council for the National Liberation of Yugoslavia). With this in mind, this paper analyses Yugoslav war crimes policies from different perspectives and in different settings. It shows that the Yugoslav`s discussion about the punishment of war criminals was influenced by power struggles, geopolitical aims, and legitimacy. While Yugoslav government in exile got lost in internal nationalist struggles, it was the Yugoslav representative at the UNWCC, and the communist led State commission to investigate the crimes of the occupiers and their accomplices who took the active role and shaped the Yugoslav war crimes policy. In consequence the Yugoslav national law for prosecuting war crimes was developed from different sources: pre-WWII traditions, Soviet law, and the UNWCC.
要了解形成南斯拉夫战争罪政策的不同发展,就必须分析国际讨论对南斯拉夫刑法和南斯拉夫参与联合国战争罪委员会的影响。在第二次世界大战期间,两个不同的机构声称是南斯拉夫人民的合法代表:伦敦的南斯拉夫流亡政府和共产党领导的南斯拉夫民族解放反法西斯委员会。有鉴于此,本文从不同视角和不同背景下分析了南斯拉夫的战争罪政策。这表明南斯拉夫关于战犯惩罚的讨论受到权力斗争、地缘政治目标和合法性的影响。虽然南斯拉夫流亡政府在国内的民族主义斗争中迷失了方向,但是南斯拉夫在UNWCC的代表和共产党领导的调查占领者及其帮凶罪行的国家委员会发挥了积极作用,并制定了南斯拉夫的战争罪行政策。因此,南斯拉夫起诉战争罪的国家法律有不同的来源:二战前的传统、苏联法律和《联合国战争罪行公约》。
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引用次数: 0
Epistemic Communities of Exile Lawyers at the UNWCC 流亡律师在UNWCC的认识社区
IF 0.7 Q2 LAW Pub Date : 2022-06-22 DOI: 10.1163/15718050-bja10072
K. Lingen
During the 1940s in London, exiled lawyers from Europe and Asia were among the main actors in coining one of the most known principles of international criminal law. The notion of ‘crimes against humanity’ emanated from their legal debates. This paper debates how the term surfaced in meetings of the United Nations War Crimes Commission (UNWCC) in 1944 and was taken up by the London Charter for the Nuremberg International Tribunal in 1945. Legal concepts, which previously needed to be discussed at conferences and via correspondence, developed much more quickly in the ‘breeding ground’ of the exile situation in London and were influenced by different legal traditions, here termed ‘legal flows’.
20世纪40年代,在伦敦,来自欧洲和亚洲的流亡律师是制定最著名的国际刑法原则之一的主要行动者之一。“危害人类罪”的概念源于他们的法律辩论。本文讨论了这一术语是如何在1944年联合国战争罪委员会会议上出现,并在1945年《纽伦堡国际法庭伦敦宪章》中被采用的。以前需要在会议和通信中讨论的法律概念,在伦敦流亡情况的“滋生地”发展得更快,并受到不同法律传统的影响,这里称为“法律流动”。
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引用次数: 0
A Lawyer in Exile: Johannes M. de Moor and the Circulation of Legal Knowledge in Wartime London 流亡的律师:约翰内斯·德·摩尔与战时伦敦法律知识的流通
IF 0.7 Q2 LAW Pub Date : 2022-06-22 DOI: 10.1163/15718050-bja10067
Sara Weydner
De Moor’s biography illustrates how people and ideas travelled between and within national and transnational spaces. He played a role in the circulation of legal knowledge in the transnational epistemic community, more precisely between the Cambridge Commission and the London International Assembly. In thinking about the future of the international order and the place of nation states within it, De Moor came to embrace the idea that state sovereignty and the rule of law had to be recalibrated and that, as a logical conclusion, war crimes could be prosecuted internationally. In London, he became an advocate for a universal organization backed by an international court and an international armed force. He envisioned an international rule of law as the underlying system governing the international order.
德·摩尔的传记说明了人们和思想是如何在国家和跨国空间之间和内部传播的。他在跨国知识共同体中,更确切地说是在剑桥委员会和伦敦国际大会之间传播法律知识方面发挥了作用。在思考国际秩序的未来以及民族国家在其中的位置时,德·摩尔开始接受这样一种观点,即国家主权和法治必须重新调整,作为一个合乎逻辑的结论,战争罪可以在国际上受到起诉。在伦敦,他成为了一个由国际法庭和国际武装部队支持的全球性组织的倡导者。他设想将国际法治作为管理国际秩序的基本制度。
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引用次数: 0
The Origins of Regional Ideas: International Law, External Legitimization and Latin America’s ‘legalismo’ 地域观念的起源:国际法、外部合法化与拉丁美洲的“法理主义”
IF 0.7 Q2 LAW Pub Date : 2022-06-22 DOI: 10.1163/15718050-bja10022
Nicole Jenne
Latin American politics are widely characterized by legalismo: a set of practices that can be traced to the notion of a continental or regional, American or Latin American International Law (AIL/LAIL) including the American international congresses and treaties, the practice of invoking AIL/LAIL’s various principles, and the use of judicial and quasi-judicial means of conflict resolution. However, it is far less clear where the origins of Latin America’s legalismo culture lay. Moreover, why did this formalistic-legalistic culture not take root in other regions? The article uses an original comparative historical approach to show that legalismo was a product of two conditions unique to Latin America: the distinctive security needs of its newly independent states and the time of independence. In comparison with Southeast Asia and Africa, I argue that legalismo was central to Latin America’s regional idea but that the practical impact of international law was not stronger than elsewhere.
拉丁美洲政治的广泛特征是法律主义:一系列实践可以追溯到大陆或区域,美洲或拉丁美洲国际法(AIL/LAIL)的概念,包括美国的国际会议和条约,援引AIL/LAIL的各种原则的实践,以及使用司法和准司法手段解决冲突。然而,拉丁美洲法律主义文化的起源远不清楚。此外,为什么这种形式主义的法律文化没有在其他地区扎根?这篇文章采用了一种独创的比较历史方法来表明,法制主义是拉丁美洲独有的两种条件的产物:新独立国家独特的安全需求和独立时期。与东南亚和非洲相比,我认为法理主义是拉丁美洲地区思想的核心,但国际法的实际影响并不比其他地方强。
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引用次数: 0
Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914, written by Gabriela Frei 《英国、国际法和海上战略思想的演变,1856-1914》,Gabriela Frei著
IF 0.7 Q2 LAW Pub Date : 2022-06-09 DOI: 10.1163/15718050-12340205
Frederik Dhondt
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引用次数: 0
Pan-Americanism as a Hemispheric Model for a Global Order?: The Pan-American Peace Pact of 1914 泛美洲主义是全球秩序的半球模式?1914年的《泛美和平条约》
IF 0.7 Q2 LAW Pub Date : 2022-06-09 DOI: 10.1163/15718050-12340194
Klaas Dykmann

Some in US President Woodrow Wilson’s administration saw an opening to seize several opportunities in 1914 to present the United States as a hemispheric unifier offering an alternative for war-torn Europe. Since an international convention or a negotiated solution in Europe seemed unlikely, the US tried to establish a peace agreement for the western hemisphere to universalise American international law and multilateralise the Monroe Doctrine in a way that would mutually recognise each American republic’s sovereignty and territorial integrity and demonstrate to Europe that a negotiated peace was possible. This article analyses the emergence of the idea of the Pan-American Peace Pact and its regional and global significance in view of the League of Nations that was later established.

1914年,美国总统伍德罗·威尔逊(Woodrow Wilson)政府中的一些人看到了一个机会,抓住了几个机会,将美国呈现为一个半球统一者,为饱受战争蹂躏的欧洲提供了另一种选择。由于在欧洲达成国际公约或谈判解决方案似乎不太可能,美国试图为西半球建立一项和平协议,以普及美国国际法,并使门罗主义(Monroe Doctrine)多边化,从而相互承认每个美国共和国的主权和领土完整,并向欧洲证明谈判和平是可能的。本文以后来成立的国际联盟为背景,分析了《泛美和平公约》构想的产生及其对区域和全球的意义。
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引用次数: 0
Exclusion vs Cooperation in the Utilisation of Transboundary Watercourses: The Case for Decolonising the Nile Water Agreements 在利用跨界水道方面的排斥与合作:尼罗河水协定非殖民化的案例
IF 0.7 Q2 LAW Pub Date : 2022-06-09 DOI: 10.1163/15718050-bja10062
Fekade Abebe

The relationship between Egypt and Ethiopia was marked with tension for centuries due to the utilisation of the Nile river. Recently, it took a turn for the worst after Ethiopia announced it is building the Grand Ethiopian Renaissance Dam (GERD) on the Nile river. This article argues that one important explanation for the deep-seated disagreements between Egypt and Ethiopia is the history of the legal instruments frequently invoked which were set up to safeguard the colonial interest of Britain over Egypt and the entire upper Nile region. Britain’s use of these legal instruments to advance its colonial domination of the region, with disregard to the interests of native communities, had left a legacy of exclusive utilisation over the river which haunts the current legal discourse. The article argues that the Nile basin countries need to acknowledge this colonial legacy in the legal discourse and need to move towards cooperation.

几个世纪以来,由于尼罗河的利用,埃及和埃塞俄比亚之间的关系一直紧张。最近,在埃塞俄比亚宣布将在尼罗河上建造大埃塞俄比亚复兴大坝(GERD)之后,情况出现了最坏的转机。本文认为,埃及和埃塞俄比亚之间根深蒂固的分歧的一个重要解释是经常被援引的法律文书的历史,这些法律文书的建立是为了维护英国对埃及和整个上尼罗河地区的殖民利益。英国利用这些法律文书来推进其对该地区的殖民统治,无视当地社区的利益,留下了对河流的独家利用的遗产,这困扰着当前的法律论述。文章认为,尼罗河流域国家需要在法律话语中承认这一殖民遗产,并需要走向合作。
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引用次数: 0
The Historical Origins of the Duty to Save Life at Sea in International Law 国际法中海上人命救助义务的历史渊源
IF 0.7 Q2 LAW Pub Date : 2022-06-09 DOI: 10.1163/15718050-12340199
Irini Papanicolopulu

The article looks into the historical development of the international law duty to save life at sea. It argues that this duty has its origins into legal sources that predated the genesis of international law in the sixteenth century. According to these sources, three separate sets of norms were developed to address the need to save life at sea: rules on the safety of navigation; rules concerning assistance to the shipwrecked and their protection; and rules on the duty of masters to provide assistance. Leaving aside the first category, the article illustrates how these sources where used by seventeenth and eighteenth century international lawyers to substantiate the existence of a duty to assist the shipwrecked and a right to seek refuge for vessels in distress. Nineteenth century scholars added the duty of the master to provide rescue. These scholarly codifications set the basis for a codification, first by learned societies and then by states, during the last decades of the nineteenth century. Codification was eventually achieved through two conventions adopted in 1910. The article argues that while the content of the duty changed to adapt to technological developments affecting navigation, as well as to changing perceptions of the sources and effects of international law, the common principle at its basis has always been part of international law.

本文探讨了国际海上人命救助义务的历史发展。它认为,这一义务的法律渊源早于16世纪国际法的起源。根据这些消息来源,制定了三套独立的规范来解决海上救生的需要:航行安全规则;救助和保护遇难船舶的规则;并且规定了主人提供帮助的义务。撇开第一类不谈,本文说明了17和18世纪的国际律师如何利用这些来源来证实援助遇难船只的义务和为遇险船只寻求庇护的权利的存在。19世纪的学者增加了主人提供救援的责任。在19世纪的最后几十年里,这些学术编纂为后来的编纂奠定了基础,先是由学术团体编纂,然后由国家编纂。1910年通过的两项公约最终实现了法典化。该条认为,虽然这项义务的内容随着影响航海的技术发展以及对国际法渊源和效力的看法的变化而发生了变化,但作为其基础的共同原则始终是国际法的一部分。
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引用次数: 0
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JOURNAL OF THE HISTORY OF INTERNATIONAL LAW
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