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Journal of the History of International Law
Journal Prestige (SJR): 0.119

Number of Followers: 16

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1388-199X - ISSN (Online) 1571-8050
Published by Brill Academic Publishers

[229 journals]

Protection of Private Property in the Early Law of Nations
- Authors: Ivar Alvik
  First page: 217
  Abstract: Source: Volume 20, Issue 2, pp 217 - 250The article analyses the protection of private property under the law of nations during the 18th and early 19th centuries. It shows how natural law theories of property were influential in shaping a doctrine of private property under the law of nations, relying on a dual conception of private property as both individual and state rights. This mirrored developments in the real world, where a network of treaties granted protection to foreign property and commercial interests. However, in practice the most important exposure of private property to the power of foreign sovereigns was the disruption of shipping and the constant risk of merchant ships being seized by privateers in the service of belligerent powers. The law of nations regulated this practice through the law of prize and neutrality, a main function of which, it is argued here, was to protect individual, foreign property rights.
  PubDate: 2018-08-14T00:00:00Z
Susan Pedersen
- Authors: Victor Kattan
  First page: 251
  Abstract: Source: Volume 20, Issue 2, pp 251 - 256
  PubDate: 2018-08-14T00:00:00Z
Jakob Zollmann
- Authors: Raphael Schäfer
  First page: 257
  Abstract: Source: Volume 20, Issue 2, pp 257 - 262
  PubDate: 2018-08-14T00:00:00Z
A Critical Legal Approach to the South China Sea Territorial Dispute
- Authors: Melissa H. Loja
  Abstract: Source: Page Count 19The ‘law of nations’ that colonial powers invoked to claim the South China Sea islands was based not on international convention or custom but on their own municipal laws on guano concession. It provides that states have the exclusive right to assert title over distant islands where their respective citizens have engaged in economic activities. It was applied selectively to advance colonial and maritime interests and to suppress the claim of China. In their own records, the United States and United Kingdom acknowledged China’s prior and exclusive economic activities on the Spratly Islands and Paracel Islands, and consolidation of title over the Paracel Islands. The records were ignored and subsequently revised, thereby excluding China from availing of the rule. The Japanese peace treaties formalized China’s exclusion by relegating its claim to the same category as the claims that emerged from recent acts of occupation, and subjecting it to resolution by convention.
  PubDate: 2018-01-24T00:00:00Z
A ‘Civilizing Task’: The International Labour Organization, Social
Reform, and the Genealogy of Development (Advance Article)
- Authors: Guy Fiti Sinclair
  Abstract: Source: Page Count 53This article challenges the standard narrative of the origins of development and its relationship to international law. That standard narrative depicts development as a post-war American invention and understood primarily in economic terms. In contrast, this article focuses on the sources of development thinking and practice in the international social reform movement of the early twentieth century, with particular attention to the activities of the International Labour Organization (ILO) between the two World Wars. In proposing a new genealogy of the ‘social’ origins of development, the article traces several concurrent trends: the ideas about social reform that inspired the ILO’s early work in Europe; its efforts to translate those ideas into new contexts in Asia, Africa, and the Americas; its championing of scientific management, rationalization, and economic planning; and its early adoption of the conceptual vocabulary of ‘development’ and ‘modernization’.
  PubDate: 2017-09-12T00:00:00Z

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