Histoire Du Droit De La Guerre 1700 1819

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Histoire du droit de la guerre (1700-1819)

Author : Jean-Mathieu Mattéi
Publisher : Presses universitaires d’Aix-Marseille
ISBN 13 : 282185319X
Total Pages : 1208 pages
Book Rating : 4.8/5 (218 download)

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Book Synopsis Histoire du droit de la guerre (1700-1819) by : Jean-Mathieu Mattéi

Download or read book Histoire du droit de la guerre (1700-1819) written by Jean-Mathieu Mattéi and published by Presses universitaires d’Aix-Marseille. This book was released on 2015-04-15 with total page 1208 pages. Available in PDF, EPUB and Kindle. Book excerpt: La guerre fait couler le sang et le droit de la guerre fait couler de l’encre. Cette discipline n’est pas un sujet neuf et pourtant son étude suscite toujours de la frustration et un sentiment permanent d’inachèvement. Certes, toute science juridique est constamment en voie de perfection mais la Guerre demeure un sujet hors norme du droit. Par l’incapacité des hommes et des nations à la maîtriser, par sa monstruosité intrinsèque, elle représente une sorte de mal moral absolu et une menace toujours planante sur la survie de l’Humanité. Elle en serait sa mort et en même temps paradoxalement, sa fin. Fin idéale de l’Histoire par la Paix, fin apocalyptique de l’Histoire par la guerre totale et le feu nucléaire. Le genre humain reste toujours suspendue à elle. Le droit de la guerre en ce début de 3ème millénaire se trouve encore à l’état de droit coutumier et conventionnel, au même stade finalement que le droit public interne des sociétés antiques et tribales.

The Verdict of Battle

Author : James Q. Whitman
Publisher : Harvard University Press
ISBN 13 : 0674071875
Total Pages : 329 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Verdict of Battle by : James Q. Whitman

Download or read book The Verdict of Battle written by James Q. Whitman and published by Harvard University Press. This book was released on 2012-10-31 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, war is considered a last resort for resolving disagreements. But a day of staged slaughter on the battlefield was once seen as a legitimate means of settling political disputes. James Whitman argues that pitched battle was essentially a trial with a lawful verdict. And when this contained form of battle ceased to exist, the law of victory gave way to the rule of unbridled force. The Verdict of Battle explains why the ritualized violence of the past was more effective than modern warfare in bringing carnage to an end, and why humanitarian laws that cling to a notion of war as evil have led to longer, more barbaric conflicts. Belief that sovereigns could, by rights, wage war for profit made the eighteenth century battle’s golden age. A pitched battle was understood as a kind of legal proceeding in which both sides agreed to be bound by the result. To the victor went the spoils, including the fate of kingdoms. But with the nineteenth-century decline of monarchical legitimacy and the rise of republican sentiment, the public no longer accepted the verdict of pitched battles. Ideology rather than politics became war’s just cause. And because modern humanitarian law provided no means for declaring a victor or dispensing spoils at the end of battle, the violence of war dragged on. The most dangerous wars, Whitman asserts in this iconoclastic tour de force, are the lawless wars we wage today to remake the world in the name of higher moral imperatives.

The Roots of International Law / Les fondements du droit international

Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004261656
Total Pages : 778 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Roots of International Law / Les fondements du droit international by :

Download or read book The Roots of International Law / Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.

Small Wars and Insurgencies in Theory and Practice, 1500-1850

Author : Beatrice Heuser
Publisher : Routledge
ISBN 13 : 1317376579
Total Pages : 345 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Small Wars and Insurgencies in Theory and Practice, 1500-1850 by : Beatrice Heuser

Download or read book Small Wars and Insurgencies in Theory and Practice, 1500-1850 written by Beatrice Heuser and published by Routledge. This book was released on 2017-10-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early modern times, warfare in Europe took on many diverse and overlapping forms. Our modern notions of ‘regular’ and ‘irregular’ warfare, of ‘major war’ and ‘small war’, have their roots in much greater diversity than such binary notions allow for. While insurgencies go back to time immemorial, they have become conceptually fused with ‘small wars’. This is a term first used to denote special operations, often carried out by military companies formed from special ethnic groups and then recruited into larger armies. In its Spanish form, guerrilla, the term ‘small war’ came to stand for an ideologically-motivated insurgency against the state authorities or occupying forces of another power. There is much overlap between the phenomena of irregular warfare in the sense of special operations alongside regular operations, and irregular warfare of insurgents against the regular forces of a state. This book demonstrates how long the two phenomena were in flux and fed on each other, from the raiding operations of the 16th century to the ‘small wars’ or special operations conducted by special units in the 19th century, which existed alongside and could merge with a popular insurgency. This book is based on a special issue of the journal Small Wars & Insurgencies.

The Society of Prisoners

Author : Renaud Morieux
Publisher : Oxford University Press
ISBN 13 : 0191035467
Total Pages : 464 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Society of Prisoners by : Renaud Morieux

Download or read book The Society of Prisoners written by Renaud Morieux and published by Oxford University Press. This book was released on 2019-10-03 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the eighteenth century, as wars between Britain, France, and their allies raged across the world, hundreds of thousands of people were captured, detained, or exchanged. They were shipped across oceans, marched across continents, or held in an indeterminate limbo. The Society of Prisoners challenges us to rethink the paradoxes of the prisoner of war, defined at once as an enemy and as a fellow human being whose life must be spared. Amidst the emergence of new codifications of international law, the practical distinctions between a prisoner of war, a hostage, a criminal, and a slave were not always clear-cut. Renaud Morieux's vivid and lucid account uses war captivity as a point of departure, investigating how the state transformed itself at war, and how whole societies experienced international conflicts. The detention of foreigners on home soil created the conditions for multifaceted exchanges with the host populations, involving prison guards, priests, pedlars, and philanthropists. Thus, while the imprisonment of enemies signals the extension of Anglo-French rivalry throughout the world, the mass incarceration of foreign soldiers and sailors also illustrates the persistence of non-conflictual relations amidst war. Taking the reader beyond Britain and France, as far as the West Indies and St Helena, this story resonates in our own time, questioning the dividing line between war and peace, and forcing us to confront the untenable situations in which the status of the enemy is left to the whim of the captor.

The Nature of International Humanitarian Law

Author : Anne Quintin
Publisher : Edward Elgar Publishing
ISBN 13 : 1839107448
Total Pages : 384 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Nature of International Humanitarian Law by : Anne Quintin

Download or read book The Nature of International Humanitarian Law written by Anne Quintin and published by Edward Elgar Publishing. This book was released on 2020-09-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act.

Advanced Introduction to International Humanitarian Law

Author : Robert Kolb
Publisher : Edward Elgar Publishing
ISBN 13 : 1783477520
Total Pages : 233 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Advanced Introduction to International Humanitarian Law by : Robert Kolb

Download or read book Advanced Introduction to International Humanitarian Law written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2014-12-31 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book provides a thought-provoking introduction to international humanitarian law. Robert Kolb explores the field through questions _ which are at times challenging and controversial _ in order to get to the very essence of the subject a

International Law in the Long Nineteenth Century (1776-1914)

Author : Inge Van Hulle
Publisher : BRILL
ISBN 13 : 9004412085
Total Pages : 242 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law in the Long Nineteenth Century (1776-1914) by : Inge Van Hulle

Download or read book International Law in the Long Nineteenth Century (1776-1914) written by Inge Van Hulle and published by BRILL. This book was released on 2019-09-16 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period. Three themes are explored: ‘international law and revolutions’ which reappraises the revolutionary period as crucial to understanding the dynamics of international order and law in the nineteenth century. In ‘law and empire’, the traditional subject of nineteenth-century imperialism is tackled from the perspective of both theory and practice. Finally, ‘the rise of modern international law’, covers less familiar aspects of the formation of modern international law as a self-standing discipline. Contributors are: Camilla Boisen, Raphaël Cahen, James Crawford, Ana Delic, Frederik Dhondt, Andrew Fitzmaurice, Vincent Genin, Viktorija Jakjimovska, Stefan Kroll, Randall Lesaffer, and Inge Van Hulle.

Rewriting Histories of the Use of Force

Author : Agatha Verdebout
Publisher : Cambridge University Press
ISBN 13 : 1108952135
Total Pages : 731 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Rewriting Histories of the Use of Force by : Agatha Verdebout

Download or read book Rewriting Histories of the Use of Force written by Agatha Verdebout and published by Cambridge University Press. This book was released on 2021-09-23 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is commonly taught that the prohibition of the use of force is an achievement of the twentieth century and that beforehand States were free to resort to the arms as they pleased. International law, the story goes, was 'indifferent' to the use of force. 'Reality' as it stems from historical sources, however, appears much more complex. Using tools of history, sociology, anthropology and social psychology, this monograph offers new insights into the history of the prohibition of the use of force in international law. Conducting in-depth analysis of nineteenth century doctrine and State practice, it paves the way for an alternative narrative on the prohibition of force, and seeks to understand the origins of international law's traditional account. In so doing, it also provides a more general reflection on how the discipline writes, rewrites and chooses to remember its own history.

Amnesty, Serious Crimes and International Law

Author : Josepha Close
Publisher : Routledge
ISBN 13 : 1351180215
Total Pages : 274 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close

Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

The Oxford Handbook of the Sources of International Law

Author : Jean d'Aspremont
Publisher : Oxford University Press
ISBN 13 : 0191062553
Total Pages : 1199 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of the Sources of International Law by : Jean d'Aspremont

Download or read book The Oxford Handbook of the Sources of International Law written by Jean d'Aspremont and published by Oxford University Press. This book was released on 2017-10-19 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook of the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. This Handbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.

Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht

Author : Frederik Dhondt
Publisher : BRILL
ISBN 13 : 9004293752
Total Pages : 648 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht by : Frederik Dhondt

Download or read book Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht written by Frederik Dhondt and published by BRILL. This book was released on 2015-05-19 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht offers a detailed study of French and British diplomacy in the age of ‘Walpole and Fleury’. After Louis XIV’s decease, European international relations were dominated by the collaboration between James Stanhope and Guillaume Dubois. Their alliance focused on the amendment and enlargement of the peace treaties of Utrecht, Rastatt and Baden. In-depth analysis of vast archival material uncovers the practical legal arguments used between Hampton Court and Versailles. ‘Balance of Power’ or ‘Tranquillity of Europe’ were in fact metaphors for the predominance of treaty law even over the most fundamental municipal norms. An implacable logic of norm hierarchy allowed to consolidate peace in Europe.

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Author : Ulrike Müßig
Publisher : Springer
ISBN 13 : 3319730371
Total Pages : 425 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Reconsidering Constitutional Formation II Decisive Constitutional Normativity by : Ulrike Müßig

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by Springer. This book was released on 2018-05-25 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

News Networks in Early Modern Europe

Author :
Publisher : BRILL
ISBN 13 : 9004277196
Total Pages : 922 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis News Networks in Early Modern Europe by :

Download or read book News Networks in Early Modern Europe written by and published by BRILL. This book was released on 2016-06-27 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: News Networks in Early Modern Europe attempts to redraw the history of European news communication in the 16th and 17th centuries. News is defined partly by movement and circulation, yet histories of news have been written overwhelmingly within national contexts. This volume of essays explores the notion that early modern European news, in all its manifestations – manuscript, print, and oral – is fundamentally transnational. These 37 essays investigate the language, infrastructure, and circulation of news across Europe. They range from the 15th to the 18th centuries, and from the Ottoman Empire to the Americas, focussing on the mechanisms of transmission, the organisation of networks, the spread of forms and modes of news communication, and the effects of their translation into new locales and languages.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Author : Michael J. Bowman
Publisher : Cambridge University Press
ISBN 13 : 1108548172
Total Pages : 1172 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Conceptual and Contextual Perspectives on the Modern Law of Treaties by : Michael J. Bowman

Download or read book Conceptual and Contextual Perspectives on the Modern Law of Treaties written by Michael J. Bowman and published by Cambridge University Press. This book was released on 2018-10-31 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions

Author : D. De ruysscher
Publisher : Maklu
ISBN 13 : 9046607585
Total Pages : 436 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions by : D. De ruysscher

Download or read book Rechtsgeschiedenis op nieuwe wegen / Legal history, moving in new directions written by D. De ruysscher and published by Maklu. This book was released on 2015-07-01 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Het Belgisch-Nederlands Rechtshistorisch Colloquium werd voor de eenentwintigste keer gehouden op elf en twaalf december 2014 aan de Vrije Universiteit Brussel. Dit boek bundelt de verhandelingen die daar werden gepresenteerd. Ze bieden een nstaalkaart van de diverse domeinen die rechtsgeschiedenis vandaag bestrijkt. Vooral de rijkdom inzake methodologie springt in het oog. Er is volop aandacht voor de juridische praktijk, zowel in haar vormende facetten als wat de toepassing van wetten en verdragen betreft. De grenzen tussen politieke en rechtsgeschiedenis vervagen. Daarnaast is vergelijkende rechtsgeschiedenis sterk in opmars. De nieuwe wegen die rechtshistorici inslaan voeren tot ver buiten de landsgrenzen. Thema’s die in het boek aan bod komen betreffen niet alleen het Romeinse recht en het “oud-vaderlandse” recht van de Nederlanden, maar evengoed Corsica, Engeland, Zuid-Amerika en koloniale mandaatgebieden. Rechtshistorici doen vandaag onderzoek naar organisaties van experten, naar juridische tijdschriften, de diplomatieke praktijk en het politiek-filosofisch discours. Uit dit boek komt het bloeiende karakter van rechtshistorisch onderzoek in de Nederlanden ruim naar voren.

The Role of Ethics in International Law

Author : Donald Earl Childress, III
Publisher : Cambridge University Press
ISBN 13 : 1139503677
Total Pages : 291 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis The Role of Ethics in International Law by : Donald Earl Childress, III

Download or read book The Role of Ethics in International Law written by Donald Earl Childress, III and published by Cambridge University Press. This book was released on 2011-11-14 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.