Nineteenth Century Legal Treaties

Excerpt from The Great European Treaties of the Nineteenth Century It is now generally accepted that the substantial basis on which International Law rests is the usage and practice of nations. And this makes it of the first importance that the facts from which that usage and practice are to be deduced should be correctly appreciated, and in particular that the great treaties which have regulated the status and territorial rights of nations should be studied from the point of view of history and international law. It is the object of this book to present materials for that study in an accessible form. The scope of the book is limited, and wisely limited, to treaties between the nations of Europe, and to treaties between those nations from 1815 onwards. To include all treaties affecting all nations would require many volumes; nor is it necessary, for the purpose of obtaining a sufficient insight into the history and usage of European States on such matters as those to which these treaties relate, to go further back than the settlement which resulted from the Napoleonic wars. The aim of the authors is to present an historical summary of the international position at the time of each treaty; to state the points at issue and the contentions of the parties; and so to make readily accessible the materials on which international lawyers have to work. For this reason the pure law-making treaties have been omitted; the Hague Conventions, for instance, speak for themselves, and in their construction the jurist needs little help from general history. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This book explores the historical origins of international law, with a focus on the contributions and participation of non-Western people.

International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.

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SCOTT (copy 1) From the John Holmes Library collection.

Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.

This ambitious 2005 volume is a history of war, from the standpoint of international law, from the beginning of history to the present day. Its primary focus is on legal conceptions of war as such, rather than on the substantive or technical aspects of the law of war. It tells the story, in narrative form, of the interplay, through the centuries, between, on the one hand, legal ideas about war and, on the other hand, state practice in warfare. Its coverage includes reprisals, civil wars, UN enforcement and the war on terrorism. This book will interest historians, students of international relations and international lawyers.