Evolution of the Forms of Threats to the Inviolability of Property Rights during Interstate Military Conflicts

  • Vitaliy YAROTSKIY Department of Civil Law # 2, Yaroslav Mudriy National Law University, Kharkiv, Ukraine
  • Denys SPIESIVTSEV Department of Civil Law Disciplines, Lesya Ukrainka Eastern European National University, Lutsk, Ukraine

Abstract

The research is devoted to consideration main forms of threats to the inviolability of property rights during interstate military conflicts in context of evolution of legal approaches to appropriate problem. It is determined that throughout the evolution of mankind, the escalation of inter-state agreement relations was often accompanied by the emergence of threats to property rights as of the member states of relevant local conflicts, as well as of individuals and legal entities whose property was located in the territory of the conflicting states. The nature of these threats has changed during the development of our civilization and is often accompanied by direct encroachments on property owned by the state involved in the conflict or owned by private individuals who fall within its jurisdiction or legally residing in its territory. And only in some cases, during these conflicts, the recognition of the inviolability of private property was guaranteed, while limiting the legal grounds for acquiring the property of the enemy state with the creation of effective mechanisms for national and international protection of such rights. Considerable attention is paid in the article to each stage of evolution of the forms of threats to the inviolability of property rights during interstate military conflicts and their features are analyzed. The paper shows how proprerietary relationships between common citizens and juridical persons correlate with property relationships between states during military conflicts.

References

[1] Ball, A.M. 1990. Russia’s Last Capitalists: The Nepmen, 1921–1929. University of California Press.
[2] Campbell, P.J., MacKinnon, A., Stevens, C.R. 2011. An Introduction to Global Studies. Wiley-Blackwell & Sons.
[3] Carter, D.B. 2010. The strategy of Territorial Conflict. American Journal of Political Science 54/4: 969-987.
[4] Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907. https://ihl-databases.icrc.org/ihl/INTRO/195.
[5] Duvernois, N.L. 1899. Posobie k lektsiyam po grazhdanskomu prawu. Chast` osobennaya. Vypusk pervy (Prava veshniye. Pravo avtorskoye i promishlenoye). Stasyulevich M. M. Press [In Russian].
[6] Gardner, H. 2016. The Failure to Prevent World War I: The Unexpected Armageddon. Routledge.
[7] Graeber, D. 2011. Debt: The First 5,000 Years. Melville House.
[8] Heckel, W. 2008. The Conquest of Alexander the Great. Cambridge University Press.
[9] Project of an International Declaration concerning the Laws and Customs of War. Brussels, 27 August 1874. https://ihl-databases.icrc.org/ihl/INTRO/135.
[10] The European Convention on Human Rights of 1950. https://www.echr.coe.int/Documents/Convention_ENG.pdf.
[11] The Schuman Declaration of 9 May 1950. http://www.center-robert-schuman.org/robert-schuman/the-schuman-declaration?langue=en.
[12] The Universal Declaration of Human Rights proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A). http://www.un.org/en/universal-declaration-human-rights/index.html.
[13] Whitman, J.Q. 2012. The Verdict of Battle. The Law of Victory and the Making of Modern War. Harvard University Press.
Published
2019-12-31
How to Cite
YAROTSKIY, Vitaliy; SPIESIVTSEV, Denys. Evolution of the Forms of Threats to the Inviolability of Property Rights during Interstate Military Conflicts. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 2170 – 2175, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/5013>. Date accessed: 22 dec. 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).31.