Otfried Nippold
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Otfried Nippold (May 21, 1864 – July 27, 1938) was a German–Swiss
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
,
pacifist Pacifism is the opposition or resistance to war, militarism (including conscription and mandatory military service) or violence. Pacifists generally reject theories of Just War. The word ''pacifism'' was coined by the French peace campaign ...
and
internationalist Internationalist may refer to: * Internationalism (politics), a movement to increase cooperation across national borders * Liberal internationalism, a doctrine in international relations * Internationalist/Defencist Schism, socialists opposed to ...
. He was also an academic and a prolific author. Nippold was born in
Wiesbaden Wiesbaden () is a city in central western Germany and the capital of the state of Hesse. , it had 290,955 inhabitants, plus approximately 21,000 United States citizens (mostly associated with the United States Army). The Wiesbaden urban area ...
, Germany as the son of Professor Friedrich Nippold of the
University of Bern The University of Bern (german: Universität Bern, french: Université de Berne, la, Universitas Bernensis) is a university in the Switzerland, Swiss capital of Bern and was founded in 1834. It is regulated and financed by the Canton of Bern. It ...
and the
University of Jena The University of Jena, officially the Friedrich Schiller University Jena (german: Friedrich-Schiller-Universität Jena, abbreviated FSU, shortened form ''Uni Jena''), is a public research university located in Jena, Thuringia, Germany. The un ...
. He attended gymnasium in Burgdorf and in
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , website ...
and studied law at the
University of Bern The University of Bern (german: Universität Bern, french: Université de Berne, la, Universitas Bernensis) is a university in the Switzerland, Swiss capital of Bern and was founded in 1834. It is regulated and financed by the Canton of Bern. It ...
,
University of Halle Martin Luther University of Halle-Wittenberg (german: Martin-Luther-Universität Halle-Wittenberg), also referred to as MLU, is a public, research-oriented university in the cities of Halle and Wittenberg and the largest and oldest university i ...
,
University of Tübingen The University of Tübingen, officially the Eberhard Karl University of Tübingen (german: Eberhard Karls Universität Tübingen; la, Universitas Eberhardina Carolina), is a public research university located in the city of Tübingen, Baden-Wü ...
and at the University of Jena. At the Jena, he earned his doctorate in 1886. In 1889, Nippold was invited by the
Japanese government The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, c ...
as a foreign advisor (''
O-yatoi gaikokujin The foreign employees in Meiji Japan, known in Japanese as ''O-yatoi Gaikokujin'' (Kyūjitai: , Shinjitai: , "hired foreigners"), were hired by the Japanese government and municipalities for their specialized knowledge and skill to assist in the m ...
''). He taught at the Law School of the University of Tokyo. On his return to Europe on the conclusion of his three-year contract, he worked as a lawyer in
Thun , neighboring_municipalities= Amsoldingen, Heiligenschwendi, Heimberg, Hilterfingen, Homberg, Schwendibach, Spiez, Steffisburg, Thierachern, Uetendorf, Zwieselberg , twintown = , website = www.thun.ch Thun (french: Thoune) ...
and Bern and acquired Swiss citizenship in 1905. The same year, he passed his habilitation in
international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
at the
University of Bern The University of Bern (german: Universität Bern, french: Université de Berne, la, Universitas Bernensis) is a university in the Switzerland, Swiss capital of Bern and was founded in 1834. It is regulated and financed by the Canton of Bern. It ...
. After a brief stay in
Frankfurt Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
he returned to Switzerland after the outbreak of the
First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
. Following the war, he became President of the High Court of the
Territory of the Saar Basin The Territory of the Saar Basin (german: Saarbeckengebiet, ; french: Territoire du bassin de la Sarre) was a region of Germany occupied and governed by the United Kingdom and France from 1920 to 1935 under a League of Nations mandate. It had its ...
in
Saarlouis Saarlouis (; french: link=no, Sarrelouis, ; formerly Sarre-Libre and Saarlautern) is a town in Saarland, Germany, capital of the district of Saarlouis. In 2020, the town had a population of 34,409. Saarlouis, as the name implies, is located on t ...
in 1921. In 1927, he had become a professor of the University of Bern, and returned to Switzerland to assume his seat in 1934. He died in 1938 in Switzerland


Legal theorist

Nippold was one of the first to propose a league of nations. His book, ''Development of International Law After the World War,'' was drafted during the First World War. In this text, Nippold argued that the conflict created a need for a radical reinterpretation of the law of war. He reasoned that modern war cannot be given the character of a legal institution because it is really a negation of law; and therefore, war itself is an illustration of "self-help" on the part of the aggressor. Nippold was a leader in the slow transformation of treaties from bilateral alliances or trade agreements to more "
normative Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A norm in ...
" instruments; and in the 20th century, there came to be a perceived distinction between regular treaties and "law-making" or "quasi-legislative" conventions. In 1894, Nippold summarized a point of view which would continue to evolve: "International treaties in their totality will be the Law-book of international law."Koskenniemi, Martti
"International Legislation Today: Limits and Possibilities,"
''Wisconsin International Law Review'' (2008). Vol. 23, No. 1, p. 67.


Selected works

* 1893 – ''Wanderungen durch Japan. Briefe und Tagebuchblätter'' (''Hikes through Japan. Letters and diary pages''). Jena: Mauke. * 1904 – ''Die Entwicklung Japans in den letzten fünfzig Jahren'' (''The development of Japan during the last fifty years''). Bern: Wys. * 1905 – ''Ein Blick in das europafreie Japan'' (''A glimpse into the Europe-free Japan''). Frauenfeld: Huber. * 1908 – ''Die zweite Haager Friedenskonferenz'' (''The Second Hague Peace Conference''). Leipzig, München: Duncker & Humblot. * 1917 – ''Die Gestaltung des Völkerrechts nach dem Weltkriege,'' (''The Development of International Law after the World War.'') * 1920 – ''Deutschland und das Völkerrecht'': Vol. I, ''Die Grundsätze der deutschen Kriegführung''; ''Die Verletzung der Neutralität Luxemburgs und Belgiens''


Notes


References

* Haberman, Frederick W. (1972). ''Nobel Lectures, Peace 1901–1925.'' Amsterdam:
Elsevier Elsevier () is a Dutch academic publishing company specializing in scientific, technical, and medical content. Its products include journals such as ''The Lancet'', ''Cell'', the ScienceDirect collection of electronic journals, '' Trends'', th ...
. ; * Nippold, Otfried. (1923). ''The Development of International Law after the World War.'' Oxford:
Clarendon Press Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books ...

OCLC 3064086
* Schenk, Paul-Christian. (1997). ''Der deutsche Anteil an der Gestaltung des modernen japanischen Rechts- und Verfassungswesens: deutsche Rechtsberater im Japan der Meiji-Zeit.'' Stuttgart: Franz Steiner Verlag. ; *


External links

* * National Diet Library (Japan)
''"Die Wahrheit uber die Ursachen des Europaischen Krieges" : Japan, der Beginn des Ersten Weltkriegs und die volkerrechtliche Friedenswahrung / Otfried Nippold ; herausgegeben von Harald Kleinschmidt und eingeleitet von Akio Nakai.''
{{DEFAULTSORT:Nippold, Ottfried 1864 births 1938 deaths 20th-century German judges Jurists from Hesse German expatriates in Japan German expatriates in Switzerland Foreign advisors to the government in Meiji-period Japan Foreign educators in Japan