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Author: Randall Lesaffer Publisher: Cambridge University Press ISBN: 1139453785 Category : Law Languages : en Pages : 505
Book Description
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: Randall Lesaffer Publisher: Cambridge University Press ISBN: 1139453785 Category : Law Languages : en Pages : 505
Book Description
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: Bardo Fassbender Publisher: OUP Oxford ISBN: 019163252X Category : Law Languages : en Pages : 1272
Book Description
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Author: Alfred H.A. Soons Publisher: BRILL ISBN: 9004351574 Category : Law Languages : en Pages : 241
Book Description
“The 1713 Peace of Utrecht and its Enduring Effects,” edited by Alfred H.A. Soons, presents an interdisciplinary collection of contributions marking the occasion of the tercentenary of the Peace of Utrecht.
Author: Walter G. F. Phillimore Phillimore Publisher: The Lawbook Exchange, Ltd. ISBN: 1584778571 Category : Law Languages : en Pages : 246
Book Description
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: Mahnoush H. Arsanjani Publisher: American Chemical Society ISBN: 0199588910 Category : Law Languages : en Pages : 498
Book Description
This book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Author: Derek Croxton Publisher: Greenwood ISBN: Category : History Languages : en Pages : 410
Book Description
The peace of Westphalia constituted a watershed in early modern history. It guided a number of political, territorial, and legal decisions that determined the internal politics of the Holy Roman Empire and the international landscape. This work provides an insight into the Peace of Westphalia.
Author: Jenny Benham Publisher: Manchester University Press ISBN: 1526142309 Category : History Languages : en Pages : 264
Book Description
Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.
Author: John J. Maresca Publisher: BoD – Books on Demand ISBN: 3838216326 Category : Political Science Languages : en Pages : 131
Book Description
The “Joint Declaration of Twenty-two States,” signed in Paris on November 19, 1990 by the Chiefs of State or Government of all the countries which participated in World War Two in Europe, is the closest document we will ever have to a true “peace treaty” concluding World War II in Europe. In his new book, retired United States Ambassador John Maresca, who led the American participation in the negotiations, explains how this document was quietly negotiated following the reunification of Germany and in view of Soviet interest in normalizing their relations with Europe. With the reunification of Germany which had just taken place it was, for the first time since the end of the war, possible to have a formal agreement that the war was over, and the countries concerned were all gathering for a summit-level signing ceremony in Paris. With Gorbachev interested in more positive relations with Europe, and with the formal reunification of Germany, such an agreement was — for the first time — possible. All the leaders coming to the Paris summit had an interest in a formal conclusion to the War, and this gave impetus for the negotiators in Vienna to draft a document intended to normalize relations among them. The Joint Declaration was negotiated carefully, and privately, among the Ambassadors representing the countries which had participated, in one way or another, in World War Two in Europe, and the resulting document -- the “Joint Declaration” — was signed, at the summit level, at the Elysée Palace in Paris. But it was overshadowed at the time by the Treaty on Conventional Forces in Europe — signed at the same signature event — and has remained un-noticed since then. No one could possibly have foreseen that the USSR would be dissolved about one year later, making it impossible to negotiate a more formal treaty to close World War II in Europe. The “Joint Declaration” thus remains the closest document the world will ever see to a formal “Peace Treaty” concluding World War Two in Europe. It was signed by all the Chiefs of State or Government of all the countries which participated in World War II in Europe.
Author: Richard K. Gardiner Publisher: Oxford University Press, USA ISBN: 0199669236 Category : Law Languages : en Pages : 577
Book Description
The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.
Author: Randall Lesaffer
Author: Randall Lesaffer
Author: Bardo Fassbender
Author: Alfred H.A. Soons
Author: Walter G. F. Phillimore Phillimore
Author: Henry Wheaton
Author: Mahnoush H. Arsanjani
Author: Derek Croxton
Author: Jenny Benham
Author: John J. Maresca
Author: Richard K. Gardiner