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Journal articles on the topic 'Hague Peace Conference (1st : 1899)'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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1

Nikolayev, Nikolay. "L.N. Tolstoy and the 1899 Hague peace conference." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 2 (February 2010): 17–23. http://dx.doi.org/10.15688/jvolsu4.2010.2.2.

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2

Hucker, Daniel. "British Peace Activism and ‘New’ Diplomacy: Revisiting the 1899 Hague Peace Conference." Diplomacy & Statecraft 26, no. 3 (July 3, 2015): 405–23. http://dx.doi.org/10.1080/09592296.2015.1067509.

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3

Sindeev, Alexei. "Sources of European security: The Hague Peace Conference of 1899." Contemporary Europe 70, no. 4 (August 1, 2016): 130–40. http://dx.doi.org/10.15211/soveurope42016130140.

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4

Chernyavskiy, S. I. "To the 110th anniversary of the Second Hague Peace Conference." Journal of International Analytics, no. 2 (June 28, 2017): 84–90. http://dx.doi.org/10.46272/2587-8476-2017-0-2-84-90.

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One hundred and ten years ago, at the initiative of Russia, the Second International Peace Conference was held in The Hague. It adopted 10 conventions on the laws and customs of war that laid the foundation for the system of international humanitarian law. It became a logical continuation of the 1899 conference, also convened at the initiative of Russia, which established general rules for the peaceful settlement of clashes between the powers, as well as a number of resolutions and «wishes» for conducting military operations. The article analyzes the reasons for convening these international forums and their significance for the world community.

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5

Pinto, M. C. W. "Structure, Process, Outcome: Thoughts on the ‘Essence’ of International Arbitration." Leiden Journal of International Law 6, no. 2 (August 1993): 241–64. http://dx.doi.org/10.1017/s0922156500002661.

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The Hague Peace Conference of 1899 was attended by 27 states, the Conference of 1907 by 43, the overwhelming majority being from Europe and America. Among the participants were four from Asia: China, Japan, Persia and Siam. Their delegates, trained in the best European legal and diplomatic traditions, were assisted by European experts in explaining their positions on ‘projects’ (or drafts) of European or American origin.

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6

Aldrich, George H., and Christine M. Chinkin. "Introduction." American Journal of International Law 94, no. 1 (January 2000): 1–3. http://dx.doi.org/10.1017/s0002930000019187.

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On May 18, 1899, die first Hague Peace Conference was convened in the House in the Woods provided by the Dutch royal family. It was attended by invitation by representatives of twenty-six of the fifty-nine governments that then claimed sovereignty. The hundred delegates included diplomats, statesmen (no stateswomen!), publicists, lawyers, and technical and scientific experts. Unlike earlier peace conferences, which were convened to terminate ongoing armed conflicts, the Hague Conference met in peacetime for the purpose of making law. The conference was called at the initiative of Tsar Nicholas II of Russia with the intentions principally to seek agreements to limit armaments and their consequent financial burdens, and secondarily to improve the prospects for the peaceful setdement of international disputes and to codify the laws of war. Doubtiess, the tsar’s initiative was inspired in part by his grandfather’s earlier success in obtaining the St. Petersburg Declaration of 1868, which prohibited, for humanitarian reasons, the use of explosive projectiles weighing less than four hundred grams. In any event, the Hague Peace Conference pursued a much broader agenda than the meetings at St. Petersburg and was able to draw upon certain preparatory work on the laws of war, including the Geneva Convention on the Amelioration of the Conditions of the Wounded in Armies in the Field of 1864, the draft Project of an International Declaration concerning the Laws and Customs of War produced by the Brussels Conference of 1874, and the Oxford Manual on the laws of war of 1880, which had been adopted unanimously by the Institute of International Law.

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7

Kuitenbrouwer, M. "A. Eyffinger, The 1899 Hague peace conference. 'The parliament of man, the federation of the world'." BMGN - Low Countries Historical Review 116, no. 2 (January 1, 2001): 254. http://dx.doi.org/10.18352/bmgn-lchr.5483.

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8

Best, Geoffrey. "Peace Conferences and the Century Of Total War: The 1899 Hague Conference and What Came After." International Affairs 75, no. 3 (July 1999): 619–34. http://dx.doi.org/10.1111/1468-2346.00096.

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9

Keefer, Scott Andrew. "Building the Palace of Peace: The Hague Conference of 1899 and Arms Control in the Progressive Era." Journal of the History of International Law / Revue d'histoire du droit international 8, no. 1 (2006): 1–17. http://dx.doi.org/10.1163/157180506777834380.

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10

Petersmann, E.-U. "Editorial. Centennial of the 1899 Hague Peace Conference and 1899 Hague Convention on the Peaceful Settlement of International Disputes - 1999 Geneva Academy of International Economic Law and Dispute Settlement." Journal of International Economic Law 2, no. 2 (June 1, 1999): 185–87. http://dx.doi.org/10.1093/jiel/2.2.185.

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11

Aldrich, George H. "The Laws of War on Land." American Journal of International Law 94, no. 1 (January 2000): 42–63. http://dx.doi.org/10.2307/2555230.

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One hundred years after the Hague Peace Conference of 1899 seems an appropriate time to review the subsequent developments in codification and practice that have molded the present laws applicable to the conduct of armed conflict and, more importantly, to identify those aspects of the law that are most in need of further development in the early years of the next century. Any attempt to do so in a comprehensive and detailed manner would obviously far exceed the scope of an article; consequendy, what follows is a more selective approach, consistent with this limited scope, that focuses on the most troubled areas of the law.

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12

VAN DEN HOUT, TJACO T. "Resolution of International Disputes: The Role of the Permanent Court of Arbitration – Reflections on the Centenary of the 1907 Convention for the Pacific Settlement of International Disputes." Leiden Journal of International Law 21, no. 3 (September 2008): 643–61. http://dx.doi.org/10.1017/s0922156508005220.

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AbstractThe Permanent Court of Arbitration (PCA) was established at the first Hague Peace Conference in 1899. During the past decade the PCA has progressed from a period of relative inactivity to a previously unsurpassed caseload. In this article the Secretary-General of the PCA reflects on the creation and early development of the PCA, before giving a detailed overview of recent arbitrations conducted under PCA auspices. The first part of this review, concerning treaty-based arbitration, analyses the role of the PCA in the resolution of disputes under the United Nations Convention on the Law of the Sea, illustrated by the arbitrations conducted in the Guyana/Suriname, Barbados/Trinidad, Malaysia/Singapore, and Ireland/United Kingdom (MOX Plant) disputes. The second part, which focuses on ad hoc arbitration, outlines the recently concluded arbitrations in the Iron Rhine (Belgium/Netherlands) and Eritrea/Yemen cases, as well as the work of the Eritrea–Ethiopia Boundary Commission and Claims Commission.

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13

Schaaf, Robert W. "The United Nations International Law Commission." International Journal of Legal Information 18, no. 2 (1990): 122–26. http://dx.doi.org/10.1017/s0731126500026573.

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Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.

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14

Vagts, Detlev F. "The 1899 Hague Peace Conference: ’The Parliament of Man, the Federation of the World.’ By Arthur Eyffinger. The Hague, London, Boston: Kluwer Law International, 1999. Pp. xiv, 474. Index. Fl 350; $210; £100." American Journal of International Law 94, no. 3 (July 2000): 599–600. http://dx.doi.org/10.2307/2555331.

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15

Topulos, Katherine, and Douglas M. Johnston. "The 1899 Hague Peace Conference: “The Parliament of Man, the Federation of the World.” By Arthur Eyffinger. The Hague: Kluwer Law International, 1999. Pp. xiv, 480. ISBN 9-04111-192-1. US$210.00." International Journal of Legal Information 29, no. 1 (2001): 144–47. http://dx.doi.org/10.1017/s0731126500000883.

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16

McWhinney, Edward. "The International Court as Constitutional Court and the Blurring of the Arbitral/Judicial Processes." Leiden Journal of International Law 6, no. 2 (August 1993): 279–87. http://dx.doi.org/10.1017/s0922156500002685.

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The institutionalization of international conflict-resolution on a third-party basis, with the creation of a Permanent Court of Arbitration, was one of the high hopes of the political leaders at the First Hague Peace Conference in 1899. In the early phase, from creation of the Court in 1902 until the outbreak of World War I in 1914, 17 cases were initiated before the Court. There was a quite understandable gap, through the War years, until 1921; and then, in the decade until 1931,7 further cases were brought before the Court. This was followed by another awkward hiatus as to cases throughout the 1930s, apparently because of the renewed international tensions in Europe that culminated in World War II. There were no cases before the Court during the War years, the seat of the Court being under belligerent occupation for most of that time. The fact remains, however, that since World War II and, indeed, since 1931, there have been only two cases (both minor ones) brought before the Court, (or three, if we accept the Court Registry's retroactive classification, in its 1990 Annual Report, of the continuing Iran-US Claims Tribunal, which had begun its work in 1981, as one of its own cases).

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17

Obradovic, Konstantin. "The prohibition of reprisals in Protocol I: Greater protection for war victims." International Review of the Red Cross 37, no. 320 (October 1997): 524–27. http://dx.doi.org/10.1017/s0020860400076841.

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It is not without reservations that I am responding to the invitation from the Review for ‘veterans’ of the Diplomatic Conference on the reaffirmation and development of international humanitarian law applicable in armed conflicts (hereafter the Diplomatic Conference) to commemorate the signing 20 years ago of the Protocols additional to the Geneva Conventions. On 8 June 1977, all of us who contributed in one way or another to the drafting of those texts felt a sense of relief at having finally achieved our task. We also felt a kind of exhilaration at the thought that we had successfully completed an important undertaking that would benefit war victims. The two Protocols represented a major leap forward in the law of armed conflict. It should not be forgotten that practically two-thirds of the international community have now ratified these instruments. Yet compliance with them regrettably remains far from satisfactory. I need hardly recite the tragic litany of conflicts over the past 20 years that bear out this deficiency. The case best known to me is that of the “Yugoslav wars” (1991–1995). They constitute the clearest example of the yawning gap between the law itself and the degree to which it is implemented. What is even more worrying is that all of this is taking place in a world where the demise of “totalitarianism” has left the world with what is, for all practical purposes, a single centre of power. This centre comprises those States which, since the International Peace Conference held in 1899 in The Hague, have been inspired by their democratic traditions and their attachment to human rights and the rule of law to play a leading role in developing, affirming and reaffirming what today constitutes international humanitarian law applicable in armed conflicts. I therefore believe that this divergence between the letter of the law and the conduct of those responsible for implementing it results from a lack of determination on the part of governments to “ensure respect” for that law throughout the world. I am in no doubt whatsoever that they have sufficiently efficacious means at their disposal to do so. What is missing, unfortunately, is the political will.

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18

Masło, Krzysztof. "Zakaz nabywania terytorium państwa przez zawojowanie (debellatio) – perspektywa historyczna" - Prohibition of the acquisition of a state territory through deballatio – a historical perspective." Nieruchomości@ : kwartalnik Ministerstwa Sprawiedliwości II, no. II (June 30, 2020): 50–65. http://dx.doi.org/10.5604/01.3001.0014.1591.

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A war is inevitably linked to changes in state borders, and the fighting armies were often occupying a territory of a hostile state by extending their power onto them. In the past, the areas occupied by a hostile state were often integrated to the victorious state (by the so-called deballatio) or subjected to various forms of dependence (e.g. a fief). Starting from the 19th century, a concept has been developed, according to which territorial changes between two belligerent countries are impermissible until the termination of military activities and the conclusion of a peace treaty . As a result of the Hague Conference of 1899 and 1907, an institution of an occupied territory was introduced into the language of international law, i.e. a state territory occupied by an enemy. An annexation, being the result of war, has a different character from the institution of an occupied territory, and a military occupation has not replaced a deballatio. They both coexisted, although they stem from a similar factual situation – a state of war and a consequent intrusion of an enemy on another state's territory. They also bring a similar effect, which is to establish the political system of the occupying state in this territory. As long as war was a legal mean of settling international disputes, the resulting transfer of a territory could not be illegal. During the ‘20s and ‘30s of the 20th century, the states were applying the practice of integrating the conquered territories rather than establishing a military occupation regime, and this met with the appreciation of the then countries. However, the author of this article puts forth a thesis that at the turn of the ‘30s and ‘40s of the 20th century, there was a prohibition of deballatio effected in violation of the then international law, and therefore with the Kellogg – Briand Pact. Territorial annexations, carried out by the Third Reich and the USSR against the territory of the Republic of Poland and other European countries after 1939, were therefore illegal. The purpose of this article is neither to comprehensively discuss the institution of military occupation, nor the prohibition of acquisition of a state territory through the use or a threat to use armed forces, or in particular – to discuss the current nature of the prohibition of deballatio. The intention of the author is to show how the prohibition of deballatio has finally emerged in the international law. When addressing this issue, it is impossible not to discuss the institution of deballatio and the international practice of the turn of the 19th and 20th centuries and the institution of military occupation, whose introduction to the international law related to the analysed issue. Only when the military occupation is presented, we will discuss the attempts aiming at prohibiting deballatio which have been made since the 19th century.

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