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Changing postwar international legal regime : the role played by Japan.
In view of the practices of World War II, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of ""no use of force"". To meet the reality of wartime collaboration...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL,
2002.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Foreword; Introduction; Chapter 1: The changing law in postwar international society; 1. International law as the general order in international society; (1) International law originating in a system of freedom of conscience; (2) International law developing into a general order; (3) International law rehabilitated in the postwar order; 2. The international legal order in changed circumstances; (1) International society transformed into multiple civilized societies; (2) An international order balancing world government and sovereign equality.
- 3. The international legal order under the principle of war renunciation(1) Invalidation of the traditional order through the practice of counter-aggression; (2) Survival of jus ad bellum in the practices around the time of the Second World War; (3) Invalidation of jus in bello in favor of enforcement; (4) Humanity as the higher norm of international society; 4. The United Nations as the positive order in international society; (1) The concept of a general order after the invalidation of international law.
- (2) Practical compliance with social realities becoming a positive order in international society(3) Regional amendments becoming a positive order in international society; (4) The United Nations as a system inclusive of enemy matters
- Chapter 2: An international legal order achieved through self-defense; 1. The social characteristics of self-defense in the international legal regime; (1) Self-defense under the principle of no use of force; (2) The intermediate function of self-defense between individual and public acts; (3) The positive conditions of self-defense.
- 2. The social functions of self-defense(1) Enforcement in succession to self-defense; (2) Peacekeeping practiced as self-defense; 3. Regional principles achieved through self-defense; (1) General principles yielding to regional realities; (2) Collective self-defense distinguished from individual self-defense; (3) Practice and development; 4. Ensuring humanitarian principles; (1) A collective system involving a decline in humanitarian principles; (2) Self-defense as a modification of ideological characteristics; Chapter 3: A postwar international regime characterized by ""enemy"" status.
- 1. ""Enemy"" status resulting from the invalidation of traditional international law2. Rehabilitation of an ""enemy"" state on the basis of the Allies' ideals; (1) The Constitution of Japan 1946 in the postwar international regime; (2) A US-Japan Security Treaty concluded outside the Constitution; 3. The US-Japan Security Treaty in a regional international regime; (1) A US-Japan Security Treaty unprejudiced by the UN Charter; (2) Constitutional pacifism undermined by US-Japanese cooperation; 4. ""Enemy"" status liquidated through integration into a regional regime.