Siegert on State Liability in the First World War

[We have the following book announcement from our friends at Max Planck.  DRE]

The Max Planck Institute for European Legal History just published a new volume in its book series Studien zur europäischen Rechtsgeschichte: Philipp Siegert, Staatshaftung im Ausnahmezustand: Doktrin und Rechtspraxis im Deutschen Reich und in Frankreich, 1914-1919.

The First World War is sometimes called the 20th century's "primordial catastophe." It raised diverse legal questions and led to a host of fundamental changes. In volume 322 of the MPIeR's book series Studien zur europäischen Rechtsgeschichte, which has just been published, Philipp Siegert examines state liability law in Germany and France between 1914 and 1918. On the basis of a detailed analysis of both French and German archival sources, he analyses states' legal responsibility during such a state of emergency and identifies categories of "legitimate" and "illegitimate" state action that, however, were either non-existent in pre-war international law or even contradicted it. Nevertheless, these were subsequently sanctioned by the peace treaties, and even a century after 1919 remain part of the international order. The ways in which destruction, expropriation and economic war measures carried out by France and Germany were assessed and sanctioned is highly instructive for the question of state liability in international law today.

Arrow War (1856-1860)

The Opium Wars was the two trade wars fought in 1839-1842 and 1856 – 1860 (also known as Arrow War) between China and the Western powers as the result of China’s attempt to curb opium smuggling.

Although China was forced to concede many of its territorial and sovereign rights in the years following the First Opium War, the Western imperial powers also had to face rising anti-foreign sentiment, as many Chinese believed that uncultured barbarians should be excluded from the Middle Kingdom.

In this tense atmosphere in Guangzhou, Chinese policemen boarded the Arrow, a Chinese ship registered in Hong Kong under a British flag on October 8, 1856, and arrested 12 crewmen. The police accused suspected the crewmen of piracy and smuggling.

In the effort to arrest the crew members, the British flag, flown by the vessel because it was registered in Hong Kong, was torn.

Eager to gain more trading rights, the British used the incident to launch another offensive, precipitating the Second Opium War. The incident was immediately seized upon by Harry Parkes, the British consul in Guangzhou who wanted to legalize the opium and expand trade in China yet was frustrated by Cantonese opposition.

Parkes demanded that the Qing dynasty release the Arrow’s crew and apologize for the insult to the British flag. When Ye Mingchen, the viceroy of Liangguang released the Chinese crewmen but refused to apologize, Parkes had a fleet bombard Guangzhou.

The Chinese responded by burning foreign-owned factories and businesses in Canton. Meanwhile, a French priest was murdered in Canton.

Britain, joined by France, launched two punitive expeditions. The British parliament sent an expedition under James Bruce, the Earl of Elgin, to defend its honor. Meanwhile, France also dispatched it fleet under Baron Gros to China.

The Anglo-French force fought its way to Guangzhou and captured Ye Mingchen by the end of 1857.

Beijing was occupied in 1860, forcing the Imperial Court to stop resistance. The Arrow War ended with the acceptance and ratification of the Convention of Peking by the emperor in 1860. Under the terms of the Convention of Peking, China ceded Kowloon peninsula to the British in Hong Kong. The opium trade continued uninterrupted.
Arrow War (1856-1860)

France gave a serious consideration to an alliance with the rebel colonies primarily because it saw an opportunity to...

   

• exact revenge on Britain for defeat in the French and Indian War and the loss of Canada.
• defend Catholics in Maryland and Quebec against the potentially hostile Protestant Patriots.
• annex Maine and regain Quebec.
• persuade the Americans to accept King Louis XVIs younger brother as their new constitutional monarch. 

ANSWER: France gave a serious consideration to an alliance with the rebel colonies primarily because it saw an opportunity to exact revenge on Britain for defeat in the French and Indian War and the loss of Canada.

The Celts: Northern Europe Warrior 500 BC – 100 AD

The Celts: Northern Europe Warrior 500 BC – 100 AD
Fighting was an obsession with the Celts, whether in bands against enemy forces or in the brawling combats that erupted incessantly between individual warriors. Drunk on strong beer and lust for glory, the Celts did battle with a fierce exhilaration that seasoned Roman soldiers even found alarming. They were careless of life and limb, often going into battle naked but for a torque or neck ring.

The Roman historians Tacitus describing an attack by the legions on Anglesey, wrote: ‘On the shore stood the opposing army with its dense array of armed warriors, while between the ranks dashed women in black attire like the Furies, with hair disheveled, waving brands.’

Celtic men were tall by Mediterranean standards; the skeleton of warrior discovered near Milan, Italy was 6ft 5in in height. Even the women were large and fearsome brawlers. Boudicca, the rebel queen of the Iceni who died in AD60, was describe as huge of frame, harsh voiced and with a great mass of bright red hair falling to her knees. Ammianus Marcellinus, a Roman author, writes of the Celt being virtually invincible with this wife fighting by his side; ‘stronger than he by far, and with flashing eyes, she…begin to rain blows mingled with kicks like shots discharge by the twisted cords of a catapult.’

Celtic warriors often cut off the heads of their foes and dangled these grim spoils from their belts and saddles, or bore them aloft on spears. Singing in triumph they would carry the heads back to their hill forts and homes, nailing them up as highly revered trophies. In Celtics shrines found at Roquepertuse and Entremont in southern France the skulls of many young men were displayed in specially carved niches.

With such savagery matched by their fighting and riding skills, the Celts presented Rome with a formidable foe. Their weaknesses, though lay in lack of strategy and discipline – and in the weakening effects of their constant feuding.
The Celts: Northern Europe Warrior 500 BC – 100 AD