The Legal Foundation of the Stimson Doctrine

Wright, Quincy

doi:10.2307/2751244

Cited by 6 publications

(4 citation statements)

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“…218 In response, Secretary of State Henry L Stimson announced that the United States would refuse to recognise 'any situation, treaty, or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris'. 219 While Wright's writings on the subject considered Stimson's doctrine to be a development of the general principles of international law, 220 he was also interested in more durable solutions that would reach within the structure of the state as a matter of law, not merely as a matter of consequence. He framed the question as one of Japanese legal organisation, and specifically 'the division of authority in the Japanese constitution by which the military arm is imperfectly controlled by the civil government responsible for the conduct of the foreign relations of Japan'.…”

Section: B Law After Empire? From Civilisation To Constitutionalismmentioning

confidence: 99%

Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance

Saunders

2023

Am. j. int. law

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Over the last three decades, international lawyers and institutions have come to understand constitution-making as an accepted technique of international law and a means of delivering peace and security. In defending this technique from its critics, scholars have drawn on a particular tradition of constitution-making developed in the postwar period and in respect of the Allied occupations of Germany and Japan. That tradition understands constitutionalism as a lawful form of international action, allowing for temporary forms of international rule, and juridically distinct from material concerns. I explore the building of this tradition through the work of three legal scholars: Ernst Fraenkel, Quincy Wright, and Carl Friedrich.I argue that reimagining constitutionalism for the coming decades requires rethinking this separation between the juridical and the material, as well as asking what constitutionalism demands of the laws governing the global economy.

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Section: B Law After Empire? From Civilisation To Constitutionalismmentioning

confidence: 99%

Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance

Saunders

2023

Am. j. int. law

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“…See Mullins 1921. The "Right to Wage War" against Empire 433 the difference between legitimate and aggressive wars, the latter being classified as international crimes (Schmitt 2003; Carnegie Endowment for International Peace 1919). 21 Indeed, with the Stimson Doctrine, the United States refused "recognition" to territorial changes anywhere in the world that were brought about by "aggressive" or "illegal" wars (Current 1954;Wright 1935). For imperial Britain, this conception of war was part of a larger effort to maintain the status quo in Asia and Africa.…”

Section: Challenging the Imperial Order's Monopolization Of The Rightmentioning

confidence: 99%

The “Right to Wage War” against Empire: Anticolonialism and the Challenge to International Law in the Indian National Army Trial of 1945

Mukherjee¹

2019

Law Soc. Inq.

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This Article treats the Indian National Army Trial of 1945 as a key moment in the elaboration of an anticolonial critique of international law in India. The trial was actually a court-martial of three Indian officers by the British colonial government on charges of high treason for defecting from the British Indian Army, joining up with Indian National Army forces in Singapore, and waging war in alliance with Imperial Japan against the British. In this trial, the defense made the radical claim that anticolonial wars fought in Asia against European powers were legitimate and just and should be recognized as such under international law. The aim of this Article is to draw attention to the understudied role of anticolonial movements in challenging the premises of international law in the aftermath of World War II.

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“…90 changes brought about by the use of force. 91 Currently, the duty of non-recognition extends to all violations of peremptory norms of international law. As stated above, the duty of non-recognition for international organisations such as the EU is enshrined in Article 42 ARIO, which requires that '[n]o State or international organization shall recognize as lawful a situation created by a serious breach .…”

Section: Relevance Of the Duty Of Non-recognitionmentioning

confidence: 99%

EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

Ryngaert

Fransen

2018

Eur. World

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This paper provides a critical analysis of the recent judgments of the General Court of the EU and the Court of Justice of the EU in the case of Front Polisario v Council , which concerned the application of the EU-Morocco Liberalisation Agreement to products from Western Sahara. The central argument is that both EU courts failed to adequately consider the nature of the Moroccan presence on Western Saharan territory: a belligerent occupation. In light of this occupation, the courts should have channelled the EU’s extraterritorial obligations vis-à-vis the population of Western Sahara through the tailor-made regimes of the law of occupation and the international duty of non-recognition. It is argued that the application of the Liberalisation Agreement may notably run afoul of the EU’s duty of non-recognition, but that the Agreement may still apply insofar as it benefits the local population. More fundamentally, after Front Polisario , the EU may want to reconsider all trade relations in respect of occupied territories by distinguishing between legitimate and illegitimate products.

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The Legal Foundation of the Stimson Doctrine

Cited by 6 publications

References 0 publications

Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance

Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance

The “Right to Wage War” against Empire: Anticolonialism and the Challenge to International Law in the Indian National Army Trial of 1945

EU extraterritorial obligations with respect to trade with occupied territories: Reflections after the case of Front Polisario before EU courts

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