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Includes a new introduction by the editor, John Norton Moore. The essays collected in this volume are contributions to a comprehensive legal theory for the regulation of civil war and intervention drawing on the insights of political science and history. The culmination of the Civil War Project of the American Society of International Law Panel on the Role of International Law in Civil Wars, it includes contributions by Moore, Ian Brownlee, Richard A. Falk, Michael Reisman, Richard R. Baxter, Derek Bowett, Wolfgang Friedmann, Oran R. Young, Tom Farer and James N. Rosenau. "[This volume] is a major contribution to the literature of the international aspects of civil war." Robert Gilpin, Foreign Affairs 53 (1974-1975) 777
Explores the Complex Relationship Between International Law and Civil War The current rash of civil wars seems to result both from the vulnerability of so many states to domestic violence and from the willingness of so many other states to promote or exploit this vulnerability for reasons of ideological solidarity, political expansion, national security, or human compassion. Thus, the kind of civil war that is most important to the maintenance of international order involves the interplay of interventionary diplomacy and domestic instability. International lawyers are deeply divided as to the wisdom of intervention policies, but they are agreed as to the imperative need for the international community to concur on rules of conduct that will prevent this escalation of local conflicts. The International Law of Civil War is the result of a special project sponsored by The American Society of International Law, designed to shed light on patterns in civil war situations and bring into focus the policy problems that arise from the interplay of domestic violence and external participation. The book highlights the essential features of typical civil war situations through six case studies: ¿ The American Civil War, 1861-65 by Quincy Wright ¿ International Legal Aspects of the Civil War in Spain, 1936-39 by Ann Van Wynen Thomas and A. J. Thomas, Jr. ¿ The Algerian Revolution as a Case Study in International Law by Arnold Fraleigh ¿ The Postindependence War in the Congo, by Donald W. McNemar ¿ The Relevance of International Law to the Internal War in Yemen by Kathryn Boals ¿ The Vietnam Struggle and International Law by P. E. Corbett The case studies are supplemented by an Introduction by the Editor, Richard A. Falk and Summary and Interpretation, by Edwin Brown Firmage. Emphasis is placed on the facts and law of external participation on behalf of either or both contending factions; the role of international institutions; the patterns of adherence to the laws of war by the parties to the conflict; and the patterns of settlement by which the violence was ended and order restored. Edited by RICHARD A. FALK, Albert G. Milbank Professor of International Law and Practice, Emeritus; Professor of Politics and International Affairs, Emeritus. Six case studies, all of them excellent. John G. Stoessinger, Foreign Affairs 49 (1970-1971) 755
This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911).CONTENTSPART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and SubjugationI. Termination of War by Reciprocal Intermission of HostilitiesII. Termination of War by Conquest and SubjugationIII. Premature Annexation. Views as to Validity of ConquestsIV. Main Effects of Conquest and Subjugation with Regard to State SuccessionPart II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their EffectsI. Armistice ConventionsII. Interposition of Third PowersIII. Preliminaries of PeaceIV. Constitution and Procedure of the Peace Conference. General PrinciplesV. Peace Negotiations. Notable Examples from Previous WarsVI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation.VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring PerformanceVIII. The Treaty of Peace. Main Clauses and EffectsIX. The Treaty of Peace. Main Clauses and Effects (continued)X. The Treaty of Peace. Main Clauses and Effects (continued)XI. Effect of Cession. State Succession: NationalityXII. Effect of Cession. State Succession: Treaties. Public Law and AdministrationXIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private RightsAPPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the WorkINDEX of Subject-MatterINDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses
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