Law Commons^™

The Brussels Peace Conference Of 1874 And The Modern Laws Of Belligerent Qualification, Tracey Leigh Dowdeswell

Osgoode Hall Law Journal

The Brussels Conference of 1874 was convened after the Franco-Prussian War (1870-71). At stake was not only the restoration of the fragile balance of power in Europe, but also the articulation of a new ideal of warfare and its role in the European state system. This article discusses the Conference in relation to the “new war” thesis put forth by Mary Kaldor in New and Old Wars (1999). It was at Brussels that the “old war” crystalized as a political ideal: war would be a tournament, fought by professional armies, organized by nation states; civilians who refrained from participation would …

A Market For Sovereignty? The Roles Of Other States In Self-Determination, Karen Knop

Osgoode Hall Law Journal

How can the popular sovereignty associated with international law’s regulation of self-determination (secession) be reconciled with the state’s traditional property-like prerogative to transfer (cede) territory regardless of the inhabitants’ wishes? Joseph Blocher and Mitu Gulati innovatively propose a “market” for sovereignty that would treat secession more like a sale of property, and cession, less.

Existing international law does not conceive of states as potential bidders, buyers, backers, underwriters or investors in a people’s exercise of self-determination. However, international lawyers should not overestimate the differences with Blocher and Gulati’s unconventional proposal. Compared to their idea of market-generated options for sovereignty, the …