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. |
What people are saying - Write a review
We haven't found any reviews in the usual places.
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 |
BELLIGERENT RECOGNITION AS DE FACTO RECOG | 72 |
SUCCESSION TO TREATY RESPONSIBILITIES IN CIVIL | 84 |
Effects of Recognition of Belligerency on Treaty Succession | 90 |
Other editions - View all
Internal War and the Search for Normative Order D. Oglesby,Roscoe Ralph Oglesby No preview available - 1971 |
Common terms and phrases
according action activities Adams American Civil appear application argument arms attempted authority belligerent recognition belligerent rights bloc blockade Britain British called century Chapter civil conflict civil strife civil wars claim colonial conclusion conduct Confederate Congress considerable considered constitute continued Court Cuban decision desuetude developed Digest Droit effect established Executive exercise existence extended fact facto government force Foreign grant hand Ibid independence indicated insurgents insurrection interests international law intervention maintain matter ment Moore nature necessary neutrality norm obligations observe Officers operation opinion parent government parties permit political ports position powers practice present President principle proclamation question reasons rebels recognition of belligerency recognized relations respect rule Russell seas ships situation Smith social Southern Spain Spanish Civil statement status success territory third tion treaties Type United vessels