International Law 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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Contents
N N N N 2 | 2 |
PRE1861 CIVIL CONFLICTS WHICH INDICATED | 18 |
METHODS OF ACCORDING BELLIGERENT | 33 |
CRITERIA FOR TIMING A GRANT OF BELLIGERENCE | 48 |
The Question of a Right of Recognition | 62 |
Criteria for Timing a Grant of Belligerent Recognition | 72 |
SUCCESSION TO TREATY RESPONSIBILITIES IN CIVIL | 84 |
Effects of Recognition of Belligerency on Treaty Succession | 90 |
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Common terms and phrases
24th Congress acts Adams AJIL Ambrose Light American Civil American Civil War application authority belligerent recognition belligerent rights bloc blockade Britain civil conflict civil strife civil wars colonial conclusion Confederacy Confederate government Congress constitute Cuban Declaration Declaration of Paris desuetude Digest Droit International established existence fact facto government facto recognition grant of belligerent guerre civile Ibid independence insurgent community insurgent government insurrection interests internal wars international law international system intervention John Paul Jones jure Lauterpacht law of nations Law Officers Majesty's Government McNair ment Moore non-intervention norm of international obligations opinion Padelford parent government parties Peru political ports position practice President proclamation of neutrality question rebellion rebels recognition of belligerency recognized revolution right of recognition Rougier rule Russell sequestration law Seward ships situations of civil Smith sovereign Spain Spanish Civil Spanish Civil War status Supreme Court territory third powers tion Treaty Succession vessels Wehberg Wheaton