Forms of modern imperialism in international law (Q116178096)
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Essay. Schmitt, 1932
- Völkerrechtliche Formen des modernen Imperialismus
- Völkerrechtlichen Formen des modernen Imperialismus
| Language | Label | Description | Also known as |
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| English | Forms of modern imperialism in international law |
Essay. Schmitt, 1932 |
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Statements
Völkerrechtliche Formen des modernen Imperialismus (German)
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Forms of modern imperialism in international law (English)
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Forms of modern imperialism in international law
Forms of modern imperialism in international law Carl Schmitt 1933 — Aberystwyth Research Portal (English)
1932
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p.29 / This highly ... / For example, in the many statements on the Monroe Doctrine it is asserted that a European state may engage in as much trade as it wishes in the Americas, but it may not do anything political. (English)
1856 at the Paris Conference Turkey
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p.30 / The international ... / It was seen as an important novum when in 1856 at the Paris Conference Turkey was taken up into the ‘family of nations’ although it was a non-Christian state. (English)
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p.30 / The international ... / From the Christian–non-Christian antithesis emerged particular, quite precise and not merely ideological forms of inter - national legal relations, for example the practice of ‘capitulations’ between Christian and non-Christian states, exemptions from foreign jurisdiction, extraterritoriality of Europeans in ‘exotic’ lands, etc. (English)
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p.30 / In the ... To this [latter] distinction [. . .] [there then] correspond the international legal concepts and methods of nineteenth-century European imperialism, notably the development of protectorates and colonies[. W]ith respect to half-civilized peoples, for the purposes of imperial rule, use is made of the form of the protectorate, while uncivilized [peoples] are dealt with as colonies. (English)
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p.30 / In the ... One still finds a highly typical relic [Rest] of this distinction between civilized, uncivilized and half-civilized peoples in the Covenant of the Geneva League of Nations from 1919, Article 22, in the rules governing mandates, that is, where the victors [in the First World War] take as spoils previously Turkish regions and the German colonies. (English)
p.34 / With the ... A very interesting symptom of this recognition is Article 21 of the Geneva League of Nations Covenant. There it is expressly stated that the Monroe Doctrine does not stand in contradiction to the Covenant of the League of Nations. (3) (English)
creditors and debtors
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p.31 / What is ... If I may bring to a close this short overview, which began with the distinction between Christian and non-Christian peoples and led to the distinction between civilized and uncivilized peoples, it can be said that the new distinction at the root of the American forms comes down to the distinction between creditors and debtors. (English)
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p.32 seriously. The English government took part in [its] proclamation because England’s interests were in conflict with that European continental league that called itself ‘Holy Alliance’. (English)
Caribbean Doctrine
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p.32 / A new ... It has in the meantime generated a series of special doctrines, for example the so-called Caribbean Doctrine, which perform specific tasks. (English)
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p.33 / There are ... The United States has, for example, invoked the Monroe Doctrine in refusing to get involved in any [intra-] European issues; it nevertheless entered the war in 1917 against Germany, but at the same time signalled its special status in contrast to its European comrades-in-arms as a merely ‘associated’ (not allied) power, through a peace with Germany separate from the Versailles Treaty. (English)
Machiavellian
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p.34 / Yet the ... It would be wrong to believe that it is simply a Machiavellian trick of the United States if it holds to such an ambiguous and ‘elastic’ maxim. (English)
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p.38 / There is ... / [. A]mong [these], one treaty in particular stands out because it is noteworthy in connection with the Kellogg-Briand Pact, 4 namely, the treaty of 28 July 1926. Through [this treaty] Panama has obligated itself, whenever the United States goes to war, [and] regardless of which part of the world is the scene of hostilities, to consider itself, Panama, a party at war on the side of the United States. Independently, that is, of whether there has been an attack on Panama, independently of whether the canal has been attacked, the Republic of Panama is obligated to see itself as a warring party as soon as the United States enters hostilities anywhere on Earth. (English)
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p.39 / The distinctiveness ... / It alone decided the World War to the detriment of Germany through its intervention in 1917; it in fact turned a war that until then was essentially a European war into a world war; thereupon it pulled out again in a curious way directly after the war. (English)
Memel conflict
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p.40 / The League of Nations is, then, if I may put it this way, lame in the American leg, though the Americans enjoy full participation in European affairs, for example in questions of minorities, the Memel conflict, Austrian- German customs union, etc. This is a very interesting system. (English)
Memel conflict
Austrian-German customs union
1931
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p.40 / The League of Nations is, then, if I may put it this way, lame in the American leg, though the Americans enjoy full participation in European affairs, for example in questions of minorities, the Memel conflict, Austrian- German customs union, etc. This is a very interesting system. (English)
French jurist Larnaude
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p.40 / Wilson, as ... / Wilson forced through Article 21 of the Covenant, against which the French jurist Larnaude had expressed very sensible reservations. When Wilson demanded that the recognition of the Monroe Doctrine be written into the text of the League of Nations Covenant, that the Monroe Doctrine be given precedence over any such Covenant, Larnaude posed a series of counter-questions, namely about the content of the Monroe Doctrine, which, as discussed above, is not easy to determine but rather leaves everything essential to the decision and interpretation of the United States. (English)
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p.42 / Let us ... / There are wars that are ‘renounced’ as an instrument of national policy and may not ever occur again, and there are other wars of which nothing is said, which, in other words, in juristic terms, are *e contrario* permitted. (English)
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p.42 / Let us ... / It is emphasized as well that wars that are an instrument of international politics are *eo ipso* just. (English)
landings of Italian ships in Corfu
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p.42 / From the ... / We have experienced great battles, bombardments of coasts, landings of Italian ships in Corfu, landings of American Marines in Panama, Nicaragua, and so on, invasions of French and Belgians into the German Ruhrgebiet, etc. All of this did not count as war and was thus not ‘renounced’. (English)
landings of Italian ships in Corfu
invasions of French and Belgians into the German Ruhrgebiet
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invasions of French and Belgians into the German Ruhrgebiet
p.42 / From the ... / We have experienced great battles, bombardments of coasts, landings of Italian ships in Corfu, landings of American Marines in Panama, Nicaragua, and so on, invasions of French and Belgians into the German Ruhrgebiet, etc. All of this did not count as war and was thus not ‘renounced’. (English)
Identifiers
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部分タイトル 現代帝国主義の国際法的諸形態 / 長尾龍一 訳
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凡例 / p.ix / 一 / 本著作集 I II は左記の訳書に多少の手を加えて再販したものである。 / 『現代帝国主義論』 (福村出版) 1972 (JPNO: 72008311) / (国際連盟とヨーロッパ、 ...、現代帝国主義の国際法的諸形態、 ...) (Japanese)