Pub Date : 2022-03-30DOI: 10.1163/15718050-12340198
Alexander D. Batson
This article examines the role of Roman acquisitive prescription in early modern international law debates. The ubiquity of prescription demonstrates the importance of Roman private law in the development of international law. Yet, although it was a widely-used juristic concept, there was no consensus about its legitimacy in international relations from 1500 to 1800. Debates raged over whether it was a product of the natural law, the law of nations, or the Roman civil law. There was a crucial tension between prescription’s utility in confirming the political status quo and its tendency to justify ownership based on prior injustice or violence. In assessing the place of prescription in international law, this article examines its use by Grotius, Vázquez, Freitas, Boecler, Conring, Bellarmine, Solórzano, and others in debates over freedom of the seas, imperial possessions in the Americas, Dutch independence, papal temporal power, and the aftermath of the Thirty Years War.
{"title":"Acquisitive Prescription in Early Modern International Law","authors":"Alexander D. Batson","doi":"10.1163/15718050-12340198","DOIUrl":"https://doi.org/10.1163/15718050-12340198","url":null,"abstract":"\u0000This article examines the role of Roman acquisitive prescription in early modern international law debates. The ubiquity of prescription demonstrates the importance of Roman private law in the development of international law. Yet, although it was a widely-used juristic concept, there was no consensus about its legitimacy in international relations from 1500 to 1800. Debates raged over whether it was a product of the natural law, the law of nations, or the Roman civil law. There was a crucial tension between prescription’s utility in confirming the political status quo and its tendency to justify ownership based on prior injustice or violence. In assessing the place of prescription in international law, this article examines its use by Grotius, Vázquez, Freitas, Boecler, Conring, Bellarmine, Solórzano, and others in debates over freedom of the seas, imperial possessions in the Americas, Dutch independence, papal temporal power, and the aftermath of the Thirty Years War.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"10 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81130296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-04DOI: 10.1163/15718050-12340203
Basil E. Ugochukwu
{"title":"Decolonization, Self-Determination, and the Rise of Global Human Rights, edited by A. Dirk Moses, Marco Duranti and Roland Burke","authors":"Basil E. Ugochukwu","doi":"10.1163/15718050-12340203","DOIUrl":"https://doi.org/10.1163/15718050-12340203","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75731437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-04DOI: 10.1163/15718050-12340201
Sarah Heathcote
This article addresses the legal models and methods used by the Western powers to colonise the South Pacific. It first focuses on the informal empire in the last third of the nineteenth century and up to World War I. This is the period in which control is gained by the Western powers but responsibility averted since in most cases sovereignty over the territories concerned is not yet acquired. The legal models established for gaining control – culminating notably in the creation of colonial protectorates and only later annexation – were to some extent the same as those established elsewhere in the globe. But the legal methods used by the British (for whom the Empire had become an ‘intolerable nuisance’) and to a lesser extent the United States (ideologically averse to colonisation) in order to establish initial control, stand out because of the way that each projected their municipal laws; in the case of the British with the humanitarian purpose of ending human trafficking. The second focus of this article is on the more innovative regimes used to colonise the Pacific island territories in the late nineteenth and early twentieth century, more specifically those involving joint governance. The condominium emerges as a model of choice to manage disputes between the powers and its use was principally to address their geo-strategic concerns both in the region and globally. Entrenching earlier trends, a tradition of joint governance would later continue into the twentieth century with remarkable similarities to what preceded it. This article serves as a reminder of the subtle and complex ways in which the law can be instrumentalised to give effect to colonisation. It is timely given the increasing concern today over foreign interference in the South Pacific.
{"title":"Legal Models and Methods of Western Colonisation of the South Pacific","authors":"Sarah Heathcote","doi":"10.1163/15718050-12340201","DOIUrl":"https://doi.org/10.1163/15718050-12340201","url":null,"abstract":"\u0000 This article addresses the legal models and methods used by the Western powers to colonise the South Pacific. It first focuses on the informal empire in the last third of the nineteenth century and up to World War I. This is the period in which control is gained by the Western powers but responsibility averted since in most cases sovereignty over the territories concerned is not yet acquired. The legal models established for gaining control – culminating notably in the creation of colonial protectorates and only later annexation – were to some extent the same as those established elsewhere in the globe. But the legal methods used by the British (for whom the Empire had become an ‘intolerable nuisance’) and to a lesser extent the United States (ideologically averse to colonisation) in order to establish initial control, stand out because of the way that each projected their municipal laws; in the case of the British with the humanitarian purpose of ending human trafficking. The second focus of this article is on the more innovative regimes used to colonise the Pacific island territories in the late nineteenth and early twentieth century, more specifically those involving joint governance. The condominium emerges as a model of choice to manage disputes between the powers and its use was principally to address their geo-strategic concerns both in the region and globally. Entrenching earlier trends, a tradition of joint governance would later continue into the twentieth century with remarkable similarities to what preceded it.\u0000 This article serves as a reminder of the subtle and complex ways in which the law can be instrumentalised to give effect to colonisation. It is timely given the increasing concern today over foreign interference in the South Pacific.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"94 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83890823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-04DOI: 10.1163/15718050-12340202
D. Whitehall
{"title":"The Implicated Subject: Beyond Victims and Perpetrators, written by Michael Rothberg","authors":"D. Whitehall","doi":"10.1163/15718050-12340202","DOIUrl":"https://doi.org/10.1163/15718050-12340202","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"59 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88465753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-04DOI: 10.1163/15718050-bja10064
Annabel Brett
The ideas of a human war on nature, and a human war on animals more specifically, are now current in international politics and international law. This article unearths a historical understanding of war on animals as one paradigm of human relations with animals in the early modern law of nature and of nations (16th to 18th centuries). It shows how dominium (property or mastery) over animals was placed at the origin of all human dominium, and was in consequence conceptually central to its legitimation. It also shows, however, that dominium over animals was not straightforward to justify, because, although they were not human beings, they were seen as sufficiently like human beings in sentience to resist being legally treated like plants or inanimate objects. This article tracks three successive paradigms, all of all of which involve conceptual tensions that are illuminating for current thinking concerning violence against animals.
{"title":"Use, War, and Commercial Society. Changing Paradigms of Human Relations with Animals in the Early Modern Law of Nature and of Nations","authors":"Annabel Brett","doi":"10.1163/15718050-bja10064","DOIUrl":"https://doi.org/10.1163/15718050-bja10064","url":null,"abstract":"<p>The ideas of a human war on nature, and a human war on animals more specifically, are now current in international politics and international law. This article unearths a historical understanding of war on animals as one paradigm of human relations with animals in the early modern law of nature and of nations (16th to 18th centuries). It shows how <em>dominium</em> (property or mastery) over animals was placed at the origin of all human <em>dominium</em>, and was in consequence conceptually central to its legitimation. It also shows, however, that <em>dominium</em> over animals was not straightforward to justify, because, although they were not human beings, they were seen as sufficiently like human beings in sentience to resist being legally treated like plants or inanimate objects. This article tracks three successive paradigms, all of all of which involve conceptual tensions that are illuminating for current thinking concerning violence against animals.</p>","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"72 3","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138507956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-04DOI: 10.1163/15718050-12340197
T. Kamiński
The status of historic bays has developed over time and forms a part of customary international law. Interestingly, that issue has never been codified in international treaties regarding the law of the sea. However, it has always been discussed in the codification works on that topic carried out in the 20th century within the international organisations. This article discusses, in brief, the origins and evolution of the legal status of bays in international law until the beginning of the twentieth century. However, most of all, it addresses in detail the beginning of codification works carried out after World War I by the League of Nations Committee of Experts for the Progressive Codification of International Law, with a special reference to the legal position of historic bays. Furthermore, it addresses the questions of so-called vital bays and establishment of International Waters Office, that were also discussed during the Committee works.
{"title":"The Legal Status of Historic Bays in the Light of the Works of the League of Nations Committee of Experts for the Progressive Codification of International Law","authors":"T. Kamiński","doi":"10.1163/15718050-12340197","DOIUrl":"https://doi.org/10.1163/15718050-12340197","url":null,"abstract":"\u0000 The status of historic bays has developed over time and forms a part of customary international law. Interestingly, that issue has never been codified in international treaties regarding the law of the sea. However, it has always been discussed in the codification works on that topic carried out in the 20th century within the international organisations. This article discusses, in brief, the origins and evolution of the legal status of bays in international law until the beginning of the twentieth century. However, most of all, it addresses in detail the beginning of codification works carried out after World War I by the League of Nations Committee of Experts for the Progressive Codification of International Law, with a special reference to the legal position of historic bays. Furthermore, it addresses the questions of so-called vital bays and establishment of International Waters Office, that were also discussed during the Committee works.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89693390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-23DOI: 10.1163/15718050-12340200
R. Schäfer, Maren Körsmeier
Politics of
的政治
{"title":"Spotlight Interview 2020: Maria Adele Carrai, The Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China (JHIL 2–3/2020)","authors":"R. Schäfer, Maren Körsmeier","doi":"10.1163/15718050-12340200","DOIUrl":"https://doi.org/10.1163/15718050-12340200","url":null,"abstract":"Politics of","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"25 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88285398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-23DOI: 10.1163/15718050-12340195
M. Več
{"title":"‘In the Cause of Humanity’. Eine Geschichte der humanitären Intervention im langen 19. Jahrhundert, written by Fabian Klose","authors":"M. Več","doi":"10.1163/15718050-12340195","DOIUrl":"https://doi.org/10.1163/15718050-12340195","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"13 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87819308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-23DOI: 10.1163/15718050-12340196
P. Schröder
{"title":"War and Peace. Alberico Gentili and the Early Modern Law of Nations, written by Valentina Vadi","authors":"P. Schröder","doi":"10.1163/15718050-12340196","DOIUrl":"https://doi.org/10.1163/15718050-12340196","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"17 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89612041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-05DOI: 10.1163/15718050-12340189
Olivier Barsalou
Using the 1950 International Court of Justice (ICJ) Paris Peace Treaties advisory opinions as a vantage point, this articles explores the changing attitude of the American government towards the emerging United Nations human rights regime and the latter became entangled in Cold War politics. The first part situates the contribution of this article within the postwar human rights historiography. The second part explores how US legal advisors constructed arguments destined to insulate the American domestic legal system from the alleged domestic disruptive effects of the new human rights. The final section delves into the cases of Cardinal Mindszenty of Budapest and Archbishop Stepinac of Zagreb, and how they reverberated at the ICJ. It argues that US legal advisors sought to turn the human rights violations that triggered the judicial proceedings into violations of treaty provisions. In the process, the ICJ validated this transformation and, thus contributed, to marginalizing the emerging United Nations human rights regime.
{"title":"The United States and Human Rights Marginalization at the International Court of Justice, 1945–1950","authors":"Olivier Barsalou","doi":"10.1163/15718050-12340189","DOIUrl":"https://doi.org/10.1163/15718050-12340189","url":null,"abstract":"\u0000Using the 1950 International Court of Justice (ICJ) Paris Peace Treaties advisory opinions as a vantage point, this articles explores the changing attitude of the American government towards the emerging United Nations human rights regime and the latter became entangled in Cold War politics. The first part situates the contribution of this article within the postwar human rights historiography. The second part explores how US legal advisors constructed arguments destined to insulate the American domestic legal system from the alleged domestic disruptive effects of the new human rights. The final section delves into the cases of Cardinal Mindszenty of Budapest and Archbishop Stepinac of Zagreb, and how they reverberated at the ICJ. It argues that US legal advisors sought to turn the human rights violations that triggered the judicial proceedings into violations of treaty provisions. In the process, the ICJ validated this transformation and, thus contributed, to marginalizing the emerging United Nations human rights regime.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"14 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85200398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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