Search

A treaty is a binding agreement between at least two legal subjects (legal persons) of international law. The concept thus presumes the idea of international legal personality (international legal capacity), which legal scholars first developed in full in the 19th century, in conjunction with the theory of the legal personality of states.There are many names for a treaty (e.g. convention, agreement, act, pact), but this variety has no bearing on their legal character. The most important historical types of international treaties are peace treaties, treaties of alliance ( Ius fo…

1. DefinitionA confederation of states in the broadest sense is a political or juridical union of at least two states that is intended to promote certain common and (usually) long-term goals (of a political, economic, or military nature); under some circumstances, it can have organs of its own (federal agencies), but it does not in any way abolish the independence under international law of the participating states. Usually a confederation is based on an international treaty (International law). In this sense, the meaning of  confederation of states is co-extensive with or ove…

Since the 16th century,  i us foederis, (“right to conclude a treaty”; French  droit des alliances) has been understood to be the right of a prince, republic, or free city (Town) – and later, a state – to enter into a political or military alliance (Latin  foedus; French,  alliance) with a foreign power, normally by concluding a treaty according to international law. Besides the relationship created by a general friendship treaty, an alliance served a specific purpose; it was focused on peaceful or military success, on preserving and promot…

1. Definition and overview Since the late 19th century, the term annexation (from Lat. annectere, “link, join”) has been understood to denote the acquisition or incorporation of  part or all of a foreign state by another state, whether in war or peace. It implies an extension of the territorial sovereignty of a state to a territory that had previously not been subject to it, in principle without affecting the question of land as private property.  Its German equivalent ( Annexion) was first used in the mid-19th century in connection with the incorporation of  Texas by t…

The theory of the just war (Latin bellum iustum  migrated on the basis of the transmission of Roman legal concepts from medieval theology into early modern natural law and international law. As a church doctrine, it was a theory intended to limit but also justify war, finding legitimacy for the use of military force (Violence) in the restoration of a disrupted legal order and resistance to the threat of injustice and the punishment of injustice committed [6. 703 ff.]. It accordingly concerned itself with the circumstances under which war might be permissible ( ius ad bellum, “right to…

1. Forcible territorial acquisition Conquest (French  conquête, German  Eroberung), in international law and general usage alike, denotes the forcible acquisition of territory from another state by warlike means [7]. The forcible acquisition of territory by organized communities is one of the most constant and frequent phenomena of history, not only in Europe, but also on other continents. Voluntary transfers of territory were the exception rather than the rule. Conquests of enemy territory accompanied and followed wars throughout early modern history [5. 49–72] (Example…