The Epochs of International Law

Sprednja platnica
Walter de Gruyter, 6. feb. 2013 - 802 strani

Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time.

"The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law.

A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well.

Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000.

Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

 

Mnenja - Napišite recenzijo

Na običajnih mestih nismo našli nobenih recenzij.

Vsebina

IV The Legal Institutions of the New Colonial Law of Nations
467
The Breakthrough of the Concept of the NationState
483
II Humanitarian Intervention
487
The Independence of the Latin American Republics and the Classical Doctrine of Recognition
497
The Consent of States as a Source of International Law
503
Codification Conferences and LawMaking Treaties
512
The Rebirth of Arbitration
517
The Completion of the Classical Law of War and Neutrality
525

The Occidental Christian Community
51
The Polities of the Feudal Age
61
I Feudalism
62
II Personalisation and Territorial Allegiance
64
III Openness
67
IV Feuds and the Right of Resistance
69
Approbation and Recognition
75
Natural Law and Treaty Practice
83
Treaty Law and Customary Law
88
The Development and Structure of Medieval Arbitration
93
The Idea and Reality of the Just War
105
II The Teaching of the Church
106
III The Real Face of War
113
IV The Treuga Dei
115
V The Roman Tradition
116
Adjudication and Occupation
119
Claims by the Coastal States
129
PART TWO Ius inter gentes The Law of Nations in the Spanish Age 14941648
135
Chapter One The Predominance of Spain in the State System
137
The Laws of the European Family of Christian Nations
141
No Peace Beyond the Line
152
The Early Modern States
163
II The Shape of the Early Modern State in the Age of Emerging Absolutism
171
III Religious Intervention
177
The Recognition of the Independence of the Netherlands
183
Ius naturae and ius voluntarium
187
Sovereigns as Treaty Partners
196
The Decline of Arbitration
199
The Genesis of the Classical Law of War
201
II Changes in the Just War Doctrine
203
Chapter Eight The Institutions of the Law of Nations for the Formation of a Territorial Order in the Age of Discoveries
229
II The Papal Investiture and the Raya of Tordesillas
233
III Discovery as a Title for the Acquisition of Colonial Territories
250
Mare clausum vs mare liberum
257
PART THREE Droit Public de lEurope The International Legal Order during the French Age 16481815
277
Chapter One The Age of French Predominance in the State System
279
European Balance of Power Dynastic Solidarity Colonial Expansion
287
II The Wider System of the European Balance of Power
294
Closed Territorial States
317
II The Emergence of Modern State Borders
321
III Political Intervention in the Name of Balance of Power and Convenience
332
The Recognition of the Independence of the United States
343
Law of Nature and raison detat
349
II The Practice of Concluding Treaties in a World Ruled by raison detat
360
The Nadir of International Arbitration
363
Cabinat Wars and Contractual Neutrality
367
I General Reprisals
368
II The Classical Concept of War and the Beginnings of a Law of Neutrality
371
Symbolic and Effective Occupation
395
I The Demise of the Sovereignty of the Sea and the Changed Meaning of the Sea Ceremonial
403
Neutral Rights in Wartime as liberté des mers
405
The Rule of the War of 1756 and the Doctrine of Continuous Voyage
407
IV Freedom of the Seas as the Freedom of Neutral Trade in War
410
Postulates and Ideological Programmes Relating to the Law of Nations
413
II Nation and Sovereignity as Central Concepts of the Revolutionary Law of Nations
414
III Nonintervention and Collective Security as Principles Intervention and Aggressive War as Practice
416
IV The Right of SelfDetermination as a Consequence of the Sovereignty of the People
420
The Adversary as a Criminal
422
PART FOUR International Law The International Legal Order of the British Age 18151919
425
Chapter One British Predominance in the State System
429
III The Age of Bismarck 18711890
438
IV The Desintegration of the European Order 18901919
440
V The Rise of the Empire
442
The Idea of Civilisation and a Universal International Law in a Global State System
445
II The WorldWide State System and Global Equilibrium
458
III The Widening of the European Law of Nations to Universal International Law
462
II The Right of Sovereign States to Wage War
530
III Continental and British Conceptions of War
534
IV Institutional Neutrality
535
Acquisition of Territory by Effective Occupation
543
Freedom of the Seas under British Maritime Dominion
551
The Fall of the Barbary States
552
The Fight Against the Slave Trade
554
The Naval Forces of Rebels and Unrecognised States
569
PART FIVE International Law and the League of Nations The International Legal Order of the InterWar Period 19191944
573
Chapter One The Transition Period of the AngloAmerican Condominium
575
A Global Community Dominated by the West
581
III The League of Nations and the KelloggBriand Pact as Instruments of the AngloAmerican Comdominium
585
The Modern State in the Age of Mass Democracy
589
II Collective and Cold Intervention
592
The Stimson Doctrine of NonRecognition
599
The Turn Away from Positivism A Frenzy of LawMaking
603
Euphoria in Codification Differentiation among Types and the Registration of Treaties
606
Compulsory Arbitration and the Permanent Court of International Justice
611
II The Authority and Deficiencies of the Permanent Court of International Justice
612
III The Failure of the System of War Prevention
616
The Outlawry of War and Sanctions
619
II Reprisals as a Substitute for War and as a Means of Escalating Warfare
624
Contiguity and Sectoral Demarcation
627
The Decline of Neutral Rights
631
II LongDistance Blockade and Economic Warfare
634
International Law in the Age of AmericanSoviet Rivalry and the Rise of the Third World 19451989
637
Chapter One The Bipolar World System Dominated by Two SuperPowers
639
II The Power and Impotence of the Superpowers
640
III Cold War Containment Detente
642
A Universal Community without Common Values
645
II A Universal Legal Community Rising Above Ideological Dissent
646
III The Decline of the Trusteeship System as a Result of Decolonisation
649
A Heterogeneous World of States
651
II Antagonism between SupraNational Integration and National Sovereignty
652
The Protection of Human Rights and the Brezhnev Doctrine of Fraternal Support
654
Peaceloving as a Criterion for Membership of the United Nations
659
The Role of the United Nations in the Creation of Law
663
II Soft Law and ius cogens
664
Preeminence of Political Rather than Judicial Settlement of Disputes
667
Ius contra bellum and the Use of Force in Practice
673
Sanctions SelfDefence EnemyStates Clauses
674
III Bellum iustum or bellum legale
677
V Wars of Liberation and Other Interpretations of the Just War Conflicting with the United Nations Charter
680
Deficiencies in the System and a Return to the Institutions of Classical International Law
682
The Distribution of the Last Unoccupied Regions of the Earth Air and Space Law
685
The Common Heritage of Mankind
689
Conclusion
695
PART SEVEN Epilogue Epilogue An International Community with a Single Superpower
699
I Epilogue to the Cold War
701
A New Communitarian Approach v The Hegemony of a Single Superpower
703
A Heterogeneous Multitude of States in a Process of Globalisation
706
IV The Rise of the NonState Actor
709
Recognition of the Yugoslav Successor States
710
VI Democracy and International Law
711
The Changing Emphasis of Codification
712
VIII Public Interest Norms
714
International Tribunals for War Crimes
717
War Civil War Internal Anarchy
718
The Enviroment as the Common Concern of Humankind
721
The Fate of the 1982 United Nations Convention and the International Tribunal in Hamburg
723
Bibliography
727
Sources of Illustrations
761
Name Index
763
Subject Index
773
Avtorske pravice

Druge izdaje - Prikaži vse

Pogosti izrazi in povedi

Bibliografski podatki