Internal War and the Search for Normative Order

The present study is concerned with the development and the applica­ tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con­ cept of belligerent...

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Bibliographic Details
Main Author: Oglesby, Roscoe Ralph
Format: eBook
Language:English
Published: Dordrecht Springer Netherlands 1971, 1971
Edition:1st ed. 1971
Subjects:
Online Access:
Collection: Springer Book Archives -2004 - Collection details see MPG.ReNa
Table of Contents:
  • I. Historical Development of Belligerent Recognition
  • 1. The American Revolution
  • 2. Spanish Colonial Wars for Independence, 1810–1823
  • II. Pre-1861 Civil Conflicts which Indicated a Need for the Status of Insurgency
  • 1. The Greek Insurrection Against the Sublime Porte, 1821
  • 2. The Polish Uprising, 1830–31
  • 3. The Canadian Insurrection, 1838–39
  • 4. The Revolution of Texas, 1836
  • 5. The Vivanco Insurrection in Peru, 1856–1858
  • III. Methods of According Belligerent Recognition
  • 1. The American Civil War and Development of the Concept of Belligerence
  • 2. Nature and Form of Recognition: By Third States
  • 3. Recognition by Foreign States
  • 4. Nature and Form of Recognition: by the Parent Government
  • 5. The Source of Recognition
  • IV. Criteria for Timing a Grant of Belligerence
  • 1. The American Argument for the Appropriate Timing of Belligerent Rights
  • 2. The British Position
  • 3. The View of Scholars and Publicists on the Matter of Recognition
  • VII. The Decline of Belligerent Recognition: Desuetude in International Law
  • 1. Belligerent Recognition After the American Civil War
  • 2. Reasons for the Non-Use of Belligerent Recognition
  • 3. Belligerent Recognition and Desuetude
  • VIII. Some Observations on Current Practice
  • 1. The Nature of the System Change
  • 2. The Decline of Insurgent Recognition
  • 3. The Modality of Intervention
  • 4. Patterns of Intervention
  • 5. Developing Patterns of Bloc Intervention
  • 6. Toward an International Law of Civil Conflicts
  • 7. Tables of Interventions in Civil Wars, 1945–1967
  • 8. Summary
  • 4. The Geneva Arbitrations and the Question of Premature Recognition
  • 5. Criteria for Timing a Grant of Belligerent Recognition
  • 6. The Question of a Right of Recognition
  • 7. May the Established Government Demand Belligerent Recognition as of Right ?
  • V. Belligerent Recognition as de Facto Recognition of the Insurgent Government
  • 1. Essential Informal Relations With an Insurgent Government
  • 2. Judicial Decisions Respecting De Facto Nature of Insurgent Governments
  • 3. Norms of De Facto Recognition of the Insurgent Government
  • 4. The Uses of De Facto Recognition
  • VI. Succession to Treaty Responsibilities in Civil Wars
  • 1. The Traditional Law of Treaty Succession
  • 2. Success or Failure as a Criterion for Treaty Succession
  • 3. Effects of Recognition of Belligerency on Treaty Succession
  • 4. Successionto Multipartite Treaties When Belligerency has been Recognized
  • 5. Treaty Succession in Internal Wars Since The American Civil War