Internal War and the Search for Normative OrderThe present study is concerned with the development and the applica tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re gard revolutions which erupt in social violence as necessary social con ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities. |
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Page vi
... civil strife . Their convener , Professor Eckstein , concluded that : Whatever their merits in other respects ... American Civil War . This War was unquestionably the critical incident for the development of a full and complete law of ...
... civil strife . Their convener , Professor Eckstein , concluded that : Whatever their merits in other respects ... American Civil War . This War was unquestionably the critical incident for the development of a full and complete law of ...
Page vii
Roscoe Ralph Oglesby. conflicts , but it remained for the American Civil War to give them definitive form . All of the requirements for a norm of belligerent re- cognition were fully spelled out in that War , and nothing further was ...
Roscoe Ralph Oglesby. conflicts , but it remained for the American Civil War to give them definitive form . All of the requirements for a norm of belligerent re- cognition were fully spelled out in that War , and nothing further was ...
Page viii
... American Civil War . During the same period of time there began to be developed what appeared to be an alternate to belligerent recognition namely , recognition of insurgency . An examination of the historical record of civil wars prior ...
... American Civil War . During the same period of time there began to be developed what appeared to be an alternate to belligerent recognition namely , recognition of insurgency . An examination of the historical record of civil wars prior ...
Page xi
... CIVIL CONFLICTS WHICH INDICATED A NEED FOR THE STATUS OF INSURGENCY 18 The Greek Insurrection Against the Sublime ... American Civil War and Development of the Concept of Belligerence 2. Nature and Form of Recognition : By Third States 3 ...
... CIVIL CONFLICTS WHICH INDICATED A NEED FOR THE STATUS OF INSURGENCY 18 The Greek Insurrection Against the Sublime ... American Civil War and Development of the Concept of Belligerence 2. Nature and Form of Recognition : By Third States 3 ...
Page xii
... American Civil War 96 CHAPTER VII . THE DECLINE OF BELLIGERENT RECOGNITION : DESUETUDE IN INTERNATIONAL LAW 100 I. Belligerent Recognition After the American Civil War 2. Reasons for the Non - Use of Belligerent Recognition 3 ...
... American Civil War 96 CHAPTER VII . THE DECLINE OF BELLIGERENT RECOGNITION : DESUETUDE IN INTERNATIONAL LAW 100 I. Belligerent Recognition After the American Civil War 2. Reasons for the Non - Use of Belligerent Recognition 3 ...
Contents
PREFACE | 1 |
PRE1861 CIVIL CONFLICTS WHICH INDICATED | 18 |
METHODS OF ACCORDING BELLIGERENT | 33 |
CRITERIA FOR TIMING A GRAnt of BelligERENCE | 48 |
33 | 56 |
The Question of a Right of Recognition | 62 |
Criteria for Timing a Grant of Belligerent Recognition | 69 |
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Common terms and phrases
24th Congress Adams AJIL Ambrose Light American Civil American Civil War application authority balance of power belli belligerent recognition belligerent rights bloc blockade Britain civil conflict civil strife civil wars colonial conclusion Confederacy Confederate Congress Cuban Cuban revolution Declaration desuetude developed Digest Droit International established existence fact facto government facto recognition grant of belligerent granted belligerent recognition guerre civile high seas Ibid incumbent independence insurgent community insurgent government insurrection interests internal wars international law international system intervention John Paul Jones Lauterpacht law of nations Law Officers Majesty's Government McNair ment Moore non-intervention norms of international opinion Padelford parent government parties Peru political ports position practice President proclamation of neutrality rebels recognition of belligerency recognized revolution right of recognition Rougier rule Russell Seward ships situations of civil Smith Spain Spanish Civil Spanish Civil War status success territory third powers tion treaties United Nations Wehberg Wheaton