- Download Some Newly Established Asian States And The Development Of International Law 1961
- 31-03-2001 Article, International Review of the Red Cross, No. 841, by Alfred M. Boll
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- Oxford Public International Law: I The Origins of International Law in: Brierly's Law of Nations
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An argument could be made that the program has received more attention in than in its preceding 35 years combined. Senior U. Much has been said and written recently about U. FONOPs — some of which is incomplete, inaccurate, or both. FON Program at the operational, theater-strategic, and policy levels of the U.
FON policy was not newly established by the Obama administration. Presidents Jimmy Carter and Ronald Reagan formally established and developed the FON Program nearly four decades ago, but a number of their predecessors also emphasized the U. The program involves activities undertaken by multiple departments of the U.
Download Some Newly Established Asian States And The Development Of International Law 1961
The FON Program is firmly rooted in the rules of international law. FON Program is guided, managed, planned, and executed in a manner that is fully consistent with international law. Before the United States decides whether to respond diplomatically or operationally to a maritime claim asserted by a coastal state, the appropriate lawyers, policy advisers, and technical experts within the U.
Following international jurisprudence, the U. Moreover, for any action that the U. In conclusion, my argument is that Simon, in glossing over these aspects of the Asian experience, fails to recognize the ways in which Asia has attempted to influence international law.
31-03-2001 Article, International Review of the Red Cross, No. 841, by Alfred M. Boll
Perhaps more broadly, in overlooking the power struggles that have caused this marginalization of Asia, Simon adopts a rather sanguine view of international law and its openness to change which is somewhat strange given that in other respects his approach is so keenly aware of power politics.
Rather, convergence will be likely. History suggest that states that wield great power develop imperial tendencies. International law as it is currently configured readily lends itself to economic- and hence political- domination, and India and China, founded in many ways on ancient Empires, are now in a position to deploy for their own purposes those instruments of which they had previously been victims. The major difference between China and the United States of course is that when the former engages in economic relations with smaller states it does not claim to further a specific model of governance, of rights, of political institutions that are universal in character.
Its use of economic mechanisms to expand its influence is likely to be even more effective as a result, as Asian states struggle to achieve development and now turn to China increasingly as a vehicle of growth. It is now China that is eager to enter into investment and trade agreements as Simon points out. And a Trump presidency could mean that the illiberal attitudes usually associated with authoritarian Asian states — having to do with sovereignty, nationalism, protectionism, indifference to human rights-will be the driving forces of US foreign policy.
In their unassailably assured efforts to create a liberal world order, the United States and Europe misunderstood or overlooked developments not only in Afghanistan and Libya, but their own heartlands.
The Asia which fought for the NIEO had a vision but no power; some Asian states in the present have power but no distinctive vision. If this is indeed the case, the tragedy inherent in the situation must surely be appreciated.
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The broad conclusion appears to be that those who acquire power simply seek to preserve the system that enables and legitimizes its exercise. The cycle repeats, the difference perhaps being that rising Asian states will attempt to marry their imperial compulsions with the rhetoric of Third World solidarity, Bandung principles and non-intervention.
World War II
The fact that a foreign consul had jurisdiction in all matters concerning foreign nationals early led to encroachments on Turkish rights of sovereignty, and it was possible for foreign governments to levy duties on goods sold in Turkish ports— e. Foreign powers were also able to set up banks, post offices, and commercial houses on Turkish soil that were exempt from Turkish taxes and were able to compete with local firms.
In China, especially, it was possible for fugitives from Chinese justice to seek sanctuary with foreigners. Then, inevitably, foreigners misused their privileges; their own law was sometimes badly administered, their courts tended to favour their own nationals at the expense of the natives of the countries in which they were living particularly in China, where there were no mixed courts , and the way was opened for bribery and corruption.
In the Chinese treaty ports, a multiplicity of territorial settlements and concessions, practically exempt from local jurisdiction, led inevitably to administrative confusion; each foreign legation had its own, sometimes conflicting, rights. Inevitably, as the Eastern countries became more conscious of their own sovereignty rights and more resentful of Western domination, agitation began for the ending of capitulatory rights.
Turkey formally raised the question of their abrogation in ; the United States denied the validity of unilateral abrogation, but the Central Powers formally relinquished their rights in , the Soviet Union spontaneously renounced all such rights in , and, at the peace treaty between the Allies and Turkey signed at Lausanne in , the capitulations were brought to an end. The first country to conclude treaties ending capitulations had been Japan ; it was not until that Great Britain and the United States formally relinquished their rights in China.
Oxford Public International Law: I The Origins of International Law in: Brierly's Law of Nations
With that, except for certain arrangements in Muscat and Bahrain, capitulations ceased to exist. Compare extraterritoriality. Info Print Cite. Submit Feedback.