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Right Of Conquest
The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles. The interdiction of territorial conquests was confirmed and broadened by the UN Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations." Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense. History and arguments Proponents state that the right of conquest acknowledges the status quo, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the divine command theory, edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-determination
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international law, binding, as such, on the United Nations as an authoritative interpretation of the Charter of the United Nations, Charter's norms. The principle does not state how the decision is to be made, nor what the outcome should be (whether independence, federation, protectorate, protection, some form of autonomy or full Cultural assimilation, assimilation), and the right of self-determination does not necessarily include a right to an independent state for every ethnic group within a former colonial territory. Further, no right to secession is recognized under international law. The concept emerged with the rise of nationalism in the 19th century and came into prominent use in the 1860s, spreading rapidly thereafter. During and after World War ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debellatio
The term or "debellation" (Latin 'defeating, or the act of conquering or subduing', literally, 'warring (the enemy) down', from Latin 'war') designates the end of war caused by complete destruction of a hostile state. Israeli law-school professor Eyal Benvenisti defines it as "a situation in which a party to a conflict has been totally defeated in war, its national institutions have disintegrated, and none of its allies continue to challenge the enemy militarily on its behalf." Examples Carthage In some cases debellation ends with a complete dissolution and annexation of the defeated state into the victor's national territory, as happened at the end of the Third Punic War with the defeat of Carthage by Rome in the 2nd century BC. Nazi Germany The unconditional surrender of Nazi Germany, in the strict sense only the German Armed Forces, at the end of World War II was at the time accepted by most authorities as a case of debellatio as: * There was a complete dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conquest
Conquest involves the annexation or control of another entity's territory through war or Coercion (international relations), coercion. Historically, conquests occurred frequently in the international system, and there were limited normative or legal prohibitions against conquest. The onset and diffusion of nationalism (the belief that nation and state should be congruent), especially in the 19th century, made the idea of conquest increasingly unacceptable to popular opinion. Prohibitions against conquest were codified with the establishment of the League of Nations following World War I and of the United Nations at the end of World War II. Scholars have debated the strength of a Social norm, norm against conquest since 1945. Conquest of large swaths of territory has been rare since the end of World War II. However, states have continued to pursue annexation of small territories. History Military history provides many examples of conquest: the Roman conquest of Britain, the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colonialism
Colonialism is the control of another territory, natural resources and people by a foreign group. Colonizers control the political and tribal power of the colonised territory. While frequently an Imperialism, imperialist project, colonialism can also take the form of settler colonialism, whereby settlers from one or multiple colonizing metropoles occupy a territory with the intention of partially or completely supplanting the existing population. Colonialism developed as a concept describing European colonial empires of the modern era, which spread globally from the 15th century to the mid-20th century, spanning 35% of Earth's land by 1800 and peaking at 84% by the beginning of World War I. European colonialism employed mercantilism and Chartered company, chartered companies, and established Coloniality of power, coloniality, which keeps the colonized socio-economically Other (philosophy), othered and Subaltern (postcolonialism), subaltern through modern biopolitics of Heterono ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Armistice
An armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from the Latin ''arma'', meaning "arms" (as in weapons) and ''-stitium'', meaning "a stopping". The United Nations Security Council often imposes, or tries to impose, ceasefire resolutions on parties in modern conflicts. Armistices are always negotiated between the parties themselves and are thus generally seen as more binding than non-mandatory UN cease-fire resolutions in modern international law. An armistice is a '' modus vivendi'' and is not the same as a peace treaty, which may take months or even years to agree on. The 1953 Korean War Armistice Agreement is a major example of an armistice which has not been followed by a peace treaty. An armistice is also different from a truce or ceasefire, which refer to a temporary cessation of ho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was supported by China and the Soviet Union, while South Korea was supported by the United Nations Command (UNC) led by the United States. The conflict was one of the first major proxy wars of the Cold War. Fighting ended in 1953 with an armistice but no peace treaty, leading to the ongoing Korean conflict. After the end of World War II in 1945, Korea, which had been a Korea under Japanese rule, Japanese colony for 35 years, was Division of Korea, divided by the Soviet Union and the United States into two occupation zones at the 38th parallel north, 38th parallel, with plans for a future independent state. Due to political disagreements and influence from their backers, the zones formed their governments in 1948. North Korea was led by Kim Il S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Annexation
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act.: "Annexation means the forcible acquisition of territory by one State at the expense of another State. It is one of the principal modes of acquiring territory... in contrast to acquisition a) of terra nullius by means of effective occupation accompanied by the intent to appropriate the territory; b) by cession as a result of a treaty concluded between the States concerned (Treaties), or an act of adjudication, both followed by the effective peaceful transfer of territory; c) by means of prescription defined as the legitimization of a doubtful title to territory by passage of time and presumed acquiescence of the former sovereign; d) by accretion constituting the physical process by which new land is formed close to, or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace Treaty
A peace treaty is an treaty, agreement between two or more hostile parties, usually country, countries or governments, which formally ends a declaration of war, state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender (military), surrender, in which an army agrees to give up arms; or a ceasefire, ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting. The need for a peace treaty in modern diplomacy arises from the fact that even when a war is actually over and fighting has ceased, the legal state of war is not automatically terminated upon the end of actual fighting and the belligerent parties are still legally defined as enemies. This is evident from the definition of a "state of war" as "a legal state created and ended by official declaration regardless of actual armed hostilities and usually characterized by operation of the rules of war". As a result, even when hostili ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Military Occupation
Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory.Eyal Benvenisti. The international law of occupation. Princeton University Press, 2004. , p. 43 The controlled territory is called ''occupied'' territory, and the ruling power is called the ''occupant''. Occupation's intended temporary nature distinguishes it from annexation and colonialism. The occupant often establishes military rule to facilitate administration of the occupied territory, though this is not a necessary characteristic of occupation. The rules of occupation are delineated in various international agreements—primarily the Hague Convention of 1907, the Geneva Conventions, and also by long-established state practice. The relevant international conventions, the International Committee of the R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Laws Of War
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war, military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which in 1750 B.C., explains its laws imposing a code o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Decolonization
Decolonization is the undoing of colonialism, the latter being the process whereby Imperialism, imperial nations establish and dominate foreign territories, often overseas. The meanings and applications of the term are disputed. Some scholars of decolonization focus especially on Separatism, independence movements in the Colony, colonies and the collapse of global colonial empires. As a movement to establish independence for colonized territories from their respective Metropole, metropoles, decolonization began in 1775 in American Revolution, North America. Major waves of decolonization occurred in the aftermath of the First World War and most prominently after the Second World War. Critical scholars extend the meaning beyond independence or equal rights for colonized peoples to include broader economic, cultural and psychological aspects of the colonial experience. Extending the meaning of decolonization beyond political independence has been disputed and received criticis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
