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 v
... 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 ...
... 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 ...
Page vi
Roscoe Ralph Oglesby. The Center for International Studies at Princeton ... normative , analytical method in this study . Per- haps it is not too ... norms governing such conflicts , but it remained for the American Civil War VI PREFACE.
Roscoe Ralph Oglesby. The Center for International Studies at Princeton ... normative , analytical method in this study . Per- haps it is not too ... norms governing such conflicts , but it remained for the American Civil War VI PREFACE.
Page vii
... norm of belligerent re- cognition were fully spelled out in that War , and nothing ... international system . The require- ments of the international system then ... norms governing international wars . ( Kaplan and Katzenbach in The ...
... norm of belligerent re- cognition were fully spelled out in that War , and nothing ... international system . The require- ments of the international system then ... norms governing international wars . ( Kaplan and Katzenbach in The ...
Page viii
... rule for belligerent recognition , virtually supplanting the latter after the ... international community turned to the use of insurgency as a substitute for ... norms of law , insurgen- cy succeeding belligerency as the standard most ...
... rule for belligerent recognition , virtually supplanting the latter after the ... international community turned to the use of insurgency as a substitute for ... norms of law , insurgen- cy succeeding belligerency as the standard most ...
Page ix
... norms . In the ab- sence of a fully developed legislative process at the international level , desuetude would appear to be one useful device in international law for the weeding and pruning of obsolete international legal standards ...
... norms . In the ab- sence of a fully developed legislative process at the international level , desuetude would appear to be one useful device in international law for the weeding and pruning of obsolete international legal standards ...
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