Suchergebnisse

This review essay examines three intellectual histories focused on fundamental transformations of international law in the early twentieth century. Juan Pablo Scarfi's Hidden History of International Law in the Americas is most interested in debates about a Pan-American international law, meaning the idea that international law might work differently in different regions, which was debated but eventually gave way to the change that Arnulf Becker Lorca, a Lecturer in Public International Law at Georgetown Law, discusses. Becker Lorca's Mestizo International Law is most interested in how the conception that international law applied only to civilized nations transformed into the modern conception that presumes sovereign equality. The Internationalists, by Oona Hathaway and Scott Shapiro, respectively the Gerard C. and Bernice Latrobe Smith Professor of International Law and the Charles F. Southmayd Professor of Law and Professor of Philosophy at Yale Law School, and seeks to understand how the normal (and legal) recourse to force in international relations was replaced by an international law that bans the use of force, except in self-defense. Ideas regarding these issues started to evolve in the late 1800s, but the transformative debates occurred at roughly the same time because the Hague Peace Conferences and the League of Nations allowed contestations over old versus updated understandings of international law to flourish.

The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ's Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a "people" as opposed to a "minority", describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term. ; pawelchamiercieminski@gmail.com ; Paweł von Chamier Cieminski – PhD student in law at the Faculty of Law and Administration of the University of Warsaw (Poland). His main area of research is international law, in particular the right to self-determination and the legal status of international electronic interferences. ; University of Warsaw, Poland ; Advisory Opinion of the ICJ on the case of accordance with international law of the unilateral declaration of independence in respect of Kosovo, 2010, Rep. 2010. ; Advisory Opinion of the ICJ on the case of Legal Consequences of the Construction of a wall in the Occupied Palestinian Territory, 2004. ; Advisory Opinion of the ICJ on the case of Western Sahara, 1975. ; Antonowicz L., O zmianach mapy politycznej świata w XX w. (kilka uwag ze stanowiska prawa międzynarodowego), Studia Iuridica Lublinensia 19, Lublin 2013. ; Antonowicz L., Rzecz o państwach i prawie międzynarodowym, Lublin 2012. ; Antonowicz L., Zagadnienie podmiotowości prawa międzynarodowego, "Annales UMCS" 1998, Vol. XLV. ; Appendix: Opinions of the Arbitration Committee of the Peace Conference on Yugoslavia, Council of Ministers of the European Economic Community, 11 January 1992. ; Augestad Knudsen R., Moments of self-determination: the concept of 'self-determination' and the idea of freedom in 20th- and 21st century international discourse. PhD thesis, The London School of Economics and Political Science, London 2013. ; Aukerman M., Definitions and Justifications: Minority and Indigenous Rights in a Central/East European Context, "Human Rights Quarterly", Vol. 22, 2000. ; Barcelona Traction, Light and Power Company, Limited (Belgium v Spain), Judgement, 1964, the ICJ. ; Caplan R. and Wolff S., Some Implications of the Advisory Opinion for Resolution of the Serbia-Kosovo Conflict, The Law and Politics of The Kosovo Advisory Opinion. ; Case Concerning East Timor (Portugal v Australia), Judgment, 1995, the ICJ Rep. 90. ; Charter of the United Nations, 1 UNTS XVI, United Nations, 1945. ; Conference On Security And Co-Operation In Europe Final Act, Conference On Security And Co-Operation In Europe, Helsinki August 1st 1975. ; Crawford J., The Creation of States in International Law, New York 2007. ; Czapliński W., Zmiany terytorialne w Europie Środkowo-Wschodniej i ich skutki międzynarodowoprawne, Warsaw 1998. ; Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States, UN GA, Res. 21 December 1965, A/RES/36/103, UN Doc. A/36/51. ; Declaration on the Granting of Independence to Colonial Countries and Peoples, UN GA, Res. December 14 1960, 1514 (XV). ; Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, UN GA, Res. 24 October 1970, A/RES/2625(XXV), UN Doc. A/5217. ; Frowein J., De Facto Regime, Max Planck Encyclopedias of International Law, March 2013. ; Gross L., The Peace of Westphalia, 1648–1948, The American Journal of International Law, vol. 42, no. 1, 1948. ; International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights and Optional Protocol to the International Covenant on Civil and Political Rights, UN GA, Res. 16 December 1966, A/RES/2200. ; International meeting of experts on further study of the concept of the rights of peoples, UNESCO, SHS-89/CONF. 602/7, Paris, 22 February 1990. ; Judgment of the ICJ on case South West Africa, Second Phase, 1966. ; Legal Consequences of the Construction of a wall in the Occupied Palestinian Territory, Advisory Opinion, 2004, the ICJ Rep. 136. ; Legal Advisory Committee to the Minister of Foreign Affairs of the Republic of Poland, The incorporation of Crimea into Russian Federation in light of international law, 2014. ; Łaski P., Dezintegracja Związku Radzieckiego i Jugosławii w świetle prawa międzynarodowego, "Annales Universitatis Mariae Curie-Skłodowska" 1992. ; Vaccaro-Incisa G., Crimea's Secession from Ukraine and Accession to the Russian Federation as an Instance of North(-West) v. South(-East) Divide in the Understanding of International Law, 15 Santa Clara Journal of International Law. ; Montevideo Convention on the Rights and Duties of States, Seventh International Conference of American States, December 26 1933. ; Navari C., Territoriality, self-determination and Crimea after Badinter, International Affairs (Royal Institute of International Affairs 1944-) 90(6). ; Kirgis Jr. F., The Degrees of Self-determination in the United Nations Era, ,,American Journal or International Law" 1994. ; Perkowski M., Samostanowienie narodów w prawie międzynarodowym, Warszawa 2001. ; Pomerance M., The Badinter Commission: The Use and Misuse of the International Court of Justice's Jurisprudence, 20 Michigan Journal of International Law 31(1998), p.31. ; Recognition of States and Governments, Switzerland's Ministry of Foreign Affairs, DFA, Directorate of International Law. ; Reference re Secession of Quebec 2 SCR 217, Supreme Court of Canada, 1998. ; Resolution 2005/1 - Obligations erga omnes in International Law, Institut de Droit International, 2005. ; Shaw M., International Law, Cambridge 2008. ; Simpson G., Great Powers and Outlaw State: Unequal Sovereigns in the International Legal Order, Cambridge, Cambridge University Press, 2004. ; The Final Act of the Conference on Security and Cooperation in Europe Helsinki, 1 August 1975. ; The ICJ Judgement on Case Concerning East Timor (Portugal v Australia), 1995, Rep. 90. ; The incorporation of Crimea into Russian Federation in light of international law, Legal Advisory Committee to the Minister of Foreign Affairs of the Republic of Poland, 14.12.2014. ; The League of Nations, The National Archives of the UK Government, Section Credibility and end of the League, November 2020. ; The Opinions of the Badinter Arbitration Committee A Second Breath for the Self-Determination of Peoples, 3 EJIL (1992). ; Tyranowski J., Integralność terytorialna, nienaruszalność granic i samostanowienie w prawie międzynarodowym, Warszawa – Poznań 1990. ; United Nations General Assembly Resolution 68/262, 27 March 2014. ; United Nations Security Council, Res. 550, 11 May 1984. ; Vidmar J., Explaining The Legal Effects Of Recognition, The International and Comparative Law Quarterly 61(2). ; Walter Ch. and von Ungern-Sternberg A. and Abushov K., Self-Determination and Secession in International Law, Oxford University Press, 2014. ; 25 ; 3 ; 117 ; 132

Proportionality is a fundamental component of the law on the use of force and the law of armed conflict—the jus ad bellum and the jus in bello. In the former, it refers to a belligerent's response to a grievance and, in the latter, to the balance to be struck between the achievement of a military goal and the cost in terms of lives. The legitimate resort to force under the United Nations system is regarded by most commentators as restricted to the use of force in self-defense under Article 51 and collective security action under chapter VII of the UN Charter. The resort to force in both these situations is limited by the customary law requirement that it be proportionate to the unlawful aggression that gave rise to the right. In the law of armed conflict, the notion of proportionality is based on the fundamental principle that belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy. Since the entry into force of Protocol I to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, proportionality has been both a conventional and a customary principle of the law of armed conflict.