The Right of Conquest


Book Description

This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.




De Victoribus Victis


Book Description




The Decolonization of International Law


Book Description

Against the backdrop of decolonisation and the territorial adjustments of the 1990s, the issue of state succession continues to be a complex focal point for public international law. This book re-assesses the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.




Humanitarian Occupation


Book Description

This book analyzes a new phenomenon in international law: international organizations assuming the powers of a national government in order to reform political institutions. After reviewing the history of internationalized territories, this book asks two questions about these 'humanitarian occupations'. First, why did they occur? The book argues that the missions were part of a larger trend in international law to maintain existing states and their populations. The only way this could occur in these territories, which had all seen violent internal conflict, was for international administrators to take charge. Second, what is the legal justification for the missions? The book examines each of the existing justifications and finds them wanting. A new foundation is needed, one that takes account of the missions' authorisation by the UN Security Council and their pursuit of goals widely supported in the international community.




Jus et Societas


Book Description

When Wolfgang Friedmann died there was a great outpouring of grief, affection and admiration from his friends all over the world. These deeply felt sentiments were soon channelled into a number of projects to honor him. The initiative towards the preparation of this volume in tribute to Wolfgang Friedmann was taken by his colleague, Hans Smit, of Columbia University, who also arranged for its publication. Judge Philip C. Jessup was the chairman, and Professors John N. Hazard, Louis Henkin, Oliver Lissitzyn, Willis L. M. Reese and Hans Smit of Columbia University Law School, A. A. Fatouros of Indiana University Law School (Bloomington), and Gabriel M. Wilner of the University of Georgia Law School were members of the editorial committee. The authors of the essays are a group of distinguished legal scholars from many countries and who hold widely diverse views. All of them had many ties with Professor Friedmann, including those of friendship and shared interest in problems that were of the greatest concern to him. The number of eminent jurists from countries around the world, and particularly from the United States, who would have wished to participate in this tribute to Wolfgang Friedmann is large; however, several important considerations made it necessary to limit the number of contributions. Thus, for example, the work of several members of the editorial committee is not represented in the volume.




The Domestic Analogy and World Order Proposals


Book Description

How profitable is it for world order to transfer the legal and political principles, which sustain order within states to the domain of relations between states? This has been one of the central and most contentious questions in the study of international relations. The term 'domestic analogy' refers to the idea that inter-state relations are amenable to the same type of institutional control as the relations of individuals and groups within states. In this study Dr Suganami discusses the role the domestic analogy has played in proposals about world order, peace, justice and welfare in the period since 1814. As well as analysing the ideas of major writers on international law and relations, Hidemi Suganami examines the creation of the League of Nations, the United Nations and its agencies, and the European Community - all of which have sprung from the domestic analogy. The Domestic Analogy and World Order Proposals makes an important contribution to the history of ideas about world order, exploring how this particular mode of reasoning about international relations has evolved against changing historical backgrounds.




The Future of the International Legal Order, Volume 1


Book Description

This is the first volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. Sponsored by Princeton University with support from the Ford Foundation, the project seeks to stimulate research and provide an intellectual focus for the elucidation of the constructive role law can play in maintaining peace and improving welfare and dignity in the world. The contributors have been urged to engage in their respective areas of expertise in non-utopian forecasting that will enable law to contribute more creatively, by anticipating the range of feasible responses, to the solution of emerging problems in the international environment. Originally published in 1969. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




The Law of Treaties Beyond the Vienna Convention


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.




The Future of the International Legal Order, Volume 3


Book Description

The eleven contributors to this volume come to grips with the hard realities of controlling war in our modern, interrelated world. All of them deal directly with the role of law in the management of conflict. From Cyril E. Black's introductory chapter, "Conflict Management and World Order," to Richard J. Barnet's concluding chapter, "Toward the Control of International Violence: The Limits and the Possibilities of Law," each expert moves from analysis of some immediate problem of international legal control to the direct application of law to war. The contributors include Tom J. Farer, Rosalyn Higgins, John Norton Moore, Daniel Wiles, William B. Bader, Arnold Kramish, Mason Willrich, W. Michael Reisman, and Harold Feiveson. Conflict Management is the third volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. A brochure describing the entire series is available. Cyril E. Black is Duke Professor of Russian History and Director of the Center of International Studies, Princeton University. Richard A. Falk is Milbank Professor of International Law and Practice, Princeton University. Written under the auspices of the Center of Interntional Studies, Princeton University. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.