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Jean Allain 213 Journal of the Histor y of International Law 8 : 213–244, 2006. ©2006 Koninklijke Brill NV. Printed in the Netherlands. Slavery and the League of Nations: Ethiopia as a Civilised Nation Jean Allain* Introduction In 1949, the United Nations International Law Commission quietly decided to “refrain from using the e�pression ‘civilized countries’” 1 in its deliberations. An era had appar- ently died away, only to be resurrected as part of the discourse of the post-September 11, 2001, United States’ “War on Terror”. Despite the resurgence of rhetorical use of “civilisation”, the notion of “civilised nation” never truly left the stage of international relations, as it remains on the books today, a part of international law. Article 38(1) of the Statute of the International Court of Justice mandates that the International Court apply international law from three sources, not only treaty and customary law, but also: “(c) the general principles of law recognized by civilized nations”. This provision is a much needed window onto a bygone era, as some have said an embarrassing reminder that international law acted as an instrument of imperial design. Much needed, as at the time such a designation as “civilised nations”
Journal of the History of International Law / Revue d'histoire du droit international – Brill
Published: Jan 1, 2006
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