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Full-Text Articles in Legal History

Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda Jan 2023

Sejarah Dan Perkembangan Perdagangan Bebas Internasional, Dony Prananda

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses history of world free trade after the second world war has a very long and winding history, which is also colored by the formation of international trade organizations, in which many countries who involved have antinomy thoughts, where some of them feel the world of trade needs a free trade system, resulting to negotiations and various forms of compromise. Entering the era of globalization marked by the birth of various kinds of multilateral and bilateral agreements as well as the formation of economic blocs clearly shows the relationship or linkages and dependencies between nations and people around …


Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa Jun 2020

Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa

Michigan Journal of International Law

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.

This article underscores the role of the postcolonial periphery in …


Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa Apr 2016

Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa

Michigan Journal of International Law

This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …


The Great Power Origins Of Human Rights, Seth Mohney Jun 2014

The Great Power Origins Of Human Rights, Seth Mohney

Michigan Journal of International Law

For years, historians depicted the history of human rights as the inexorable triumph of universal norms. This account underestimates both the historical and contemporary uncertainty surrounding many international human rights. As even casual observers must note, the tale of human rights progress is not littered with beneficent heads of state persuaded to pursue progress by the moral charge of universal norms. Instead, this history’s primary scenes feature struggles among great powers, peoples, and movements advancing diverse interests. Recognizing the complexity of human rights history, a new generation of historians has emphasized that human rights progress is not preordained, but rather …


Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford Jan 2009

Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford

Michigan Journal of International Law

This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …


Joel R. Pruce On The Human Rights Reader: Major Political Essays, Speeches And Documents From Ancient Times To The Present (Second Edition), By Micheline R. Ishay. New York, Ny: Routledge, 2007. 592pp., Joel R. Pruce Jan 2007

Joel R. Pruce On The Human Rights Reader: Major Political Essays, Speeches And Documents From Ancient Times To The Present (Second Edition), By Micheline R. Ishay. New York, Ny: Routledge, 2007. 592pp., Joel R. Pruce

Human Rights & Human Welfare

A review of:

The Human Rights Reader: Major Political Essays, Speeches and Documents from Ancient Times to the Present (Second Edition), by Micheline R. Ishay. New York, NY: Routledge, 2007. 592pp.


Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak Nov 2006

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.


Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst Oct 2005

Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst

Human Rights & Human Welfare

No abstract provided.


Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne Jan 1998

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.


Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz Jan 1997

Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz

Michigan Journal of International Law

This article explores the past and present role of NGOs in international governance. Part One reviews the history of NGO involvement, focusing on the period between 1775 and 1949. It shows how NGO activism helped to engender international organizations. Part Two examines some key issues that arise from the expanding involvement of NGOs. It catalogs the pros and cons of an active NGO role, discusses various functions that NGOs fulfill, and lists ten techniques of NGO participation. Part Two also considers a hypothesis that NGO involvement is cyclical.


Palestine And Israel: A Challenge To Justice, James E. Hopenfeld May 1991

Palestine And Israel: A Challenge To Justice, James E. Hopenfeld

Michigan Law Review

A Review of Palestine and Israel: A Challenge to Justice by John Quigley


Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman Jan 1989

Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman

Michigan Journal of International Law

There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …


The Law Of Piracy: Table Of Contents, Alfred P. Rubin Jan 1988

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Appendices, Alfred P. Rubin Jan 1988

The Law Of Piracy: Appendices, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin Jan 1988

The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin

International Law Studies

No abstract provided.


A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey Jan 1984

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.


Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie Jan 1979

Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie Jan 1979

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie Jan 1979

Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie Jan 1979

Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie

International Law Studies

No abstract provided.


Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie Jan 1979

Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie

International Law Studies

No abstract provided.


Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie Jan 1979

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie Jan 1979

Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie

International Law Studies

No abstract provided.


Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie Jan 1979

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.


Chapter Vii Termination Of Captivity, Howard S. Levie Jan 1978

Chapter Vii Termination Of Captivity, Howard S. Levie

International Law Studies

No abstract provided.


Chapter Iv Protective Agencies, Howard S. Levie Jan 1978

Chapter Iv Protective Agencies, Howard S. Levie

International Law Studies

No abstract provided.


Prisoners Of War In International Armed Conflict Subject Index, Howard S. Levie Jan 1978

Prisoners Of War In International Armed Conflict Subject Index, Howard S. Levie

International Law Studies

No abstract provided.


Table Of Cases, Howard S. Levie Jan 1978

Table Of Cases, Howard S. Levie

International Law Studies

No abstract provided.


Chapter Ii The Regime Of The Prisoner Of War, Howard S. Levie Jan 1978

Chapter Ii The Regime Of The Prisoner Of War, Howard S. Levie

International Law Studies

No abstract provided.


Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie Jan 1978

Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.