Andrei Nikolaevich Mandelstam (also Genrikh Nikolaevich ; January 1, 1869 , Mogilev - January 27, 1949 , Paris ) - Russian diplomat , international lawyer , historian and theoretician of international private law, orientalist , expert in state law of the Ottoman Empire , professor of international law at Petrograd University; as well as a diplomat of the Ministry of Foreign Affairs , director of the department of the Ministry of Foreign Affairs, a real state adviser .
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Biography
Andrei Nikolaevich (Genrikh Nokhimovich) Mandelstam was born in the family of obstetrician-gynecologist Nikolai Martynovich (Nokhim Mendelevich) Mandelstam (1826-1882), medical scientist, founder and director of feldsher and midwifery schools in Mogilev , and Vera Osipovna Ioffe. He studied at two faculties at the same time at St. Petersburg University: legal and eastern. After graduation, he was left to prepare for a professorship, and in 1893 joined the Ministry of Foreign Affairs.
In 1900 , Andrei Mandelstam defended his dissertation for the degree of Master of International Law on the topic: “The Hague Conferences on the Codification of Private International Law ”. The public defense of Mandelstam’s dissertation became an event of scientific life in Russia. The official opponents of the thesis defense were F. F. Martens and M. A. Taube , the unofficial opponents were M. I. Gorchakov and L. I. Petrazhitsky , and the defense itself was covered in great detail in the weekly legal newspaper Pravo. For this work, Andrei Mandelstam, bypassing the master's degree, was awarded the doctorate in international law.
In his speech in connection with the defense, Mandelstam noted:
Private international law exists only in its infancy ... instead of it we have - oddly enough it sounds - Russian, German, French international private law; in other words, each state has not only its own special civil laws, but also its own special key for resolving collisions of these laws with foreign ones.
According to Mandelstam, the idea of creating universal civil law is the same utopia as its kindred ideas of the world language and world state. Nevertheless, Mandelstam proposed the idea of creating a unified international private law, not destroying various laws, but, on the contrary, ensuring their completeness.
Diplomatic activities
- in 1898 he was appointed a dragoman (diplomatic translator) at the embassy in Constantinople .
- In 1903, Mandelstam managed the Russian consulates in Uksyub and in Monastir .
- in 1905 he was one of the representatives of Russia in the international commission on the Gull incident of the squadron of Admiral Rozhestvensky.
- in 1907 he was secretary of the Second Hague Peace Conference .
- In 1913, Mandelstam was a delegate to the Russian Embassy in the international commission on reforms in Turkish Armenia , and he drafted reforms.
After 1917
Immediately after the revolution in October 1917 in exile: first Constantinople , then Paris . Information about his life in exile is extremely scarce. It is known that before the war he lived in Paris, during the years of occupation - in the United States .
In exile, he was actively engaged in practical and scientific-literary activities, was an employee of the publications "Modern Notes", "Jewish Tribune", "Rights and Farms" and others. He was a corresponding member of the Institute of International Law. He was one of the founders of the Russian society of the League of Peoples, was one of the three general secretaries of the society, and was a freemason .
In the USSR he was undeservedly “forgotten” by Soviet legal science due to the fact that after the revolution he left Soviet Russia forever. Not a single Soviet legal directory has his last name; his name has been a taboo for more than 70 years.
Family
- Brother - Alexei Nikolaevich Mandelstam (1881—?), A doctor. His son (A.N. Mandelstam’s nephew) is Lev Alekseevich Mandelstam, professor at the Saratov Agricultural Academy .
- Brother - Nikolai Nikolaevich Mandelshtam (1879-1929), revolutionary and party leader, head of the organizational department of the Bauman district committee of the RCP (b) Moscow (1922), head of the agitation and propaganda department of the Moscow Committee of the CPSU (b) (1926-1928), one of the organizers of Glavelectro .
- Brother - Martyn Nikolaevich Lyadov , historian and statesman.
- A cousin is a Riga ophthalmologist and medical scientist Leopold Emilievich Mandelstam ( German: Leopold Mandelstamm , 1839-1913).
Proceedings
- Hague conferences on the codification of private international law. (table of contents) - in 2 volumes. Petersburg, 1900 .-- 851 s.
- La Justice Ottomane dan ses rapports avec les puissances etrangeres. - Paris, A. Pedone, 1908
- Young Turkish state. 1915
- Le Sort de L'Empire Ottoman. - Lausanne; Paris: Payot, 1917. - 631 p. (fundamental treatise "The Fate of the Ottoman Empire")
- Mémoire sur l'application du principe des nationalités à la question polonaise. - Paris, 1919
- Permanent international court and the beginning of equality of states. - "Modern Notes", 1920, No. 2
- La Societe des Nations et les Puissances devant la solme armenien R., 1926 (League of Nations and the Armenian Question before the Powers)
- New York Declaration of the Institute of International Law. - "Modern Notes", 1930, No. 42
- review of the work of Nolde B.E. about Iraq. - "Modern Notes", 1934, No. 56
- XX century Russia in front of the Turkish straits. - “Housewarming”, New York, 1946, No. 29/30
- Russian politics in Turkey on the eve and during the First World War. - “Housewarming”, 1947, No. 31/32
- Sevres treatise of 1920. - “Housewarming”, 1947, No. 35/36
Statements
| Conflicts between states and the nations that make up them will not be resolved according to the uniform recipe for self-determination of peoples. Sometimes a decision will have to be made in favor of states, sometimes in favor of nationalities, depending on what the highest interests of human society will require in each given case [1] |
| It was the Young Turkish government, with a deliberate intention, that cold-bloodedly decreed the destruction of the Armenian people ... With ruthless firmness, the Turkish government forbade and rejected all merciful interference ... With more cruelty than under Sultan Abdul Hamid, he executed those Turks who dared to help the Armenians. (“The Fate of the Ottoman Empire,” pp. 277–278) |
Literature
- The Dispute of Mandelstam // Law. - 1900.- S. 880.
- V. E. Grabar . Materials for the history of literature of international law in Russia 1647-1917. - M., Ed. USSR Academy of Sciences, 1958 / reprint: Moscow: Zertsalo Publishing House, 2005. ISBN 5-8078-0119-9
- A.A. Merezhko . The science of private international law: history and modernity. - Kiev, Takson Publishing House, 2006. - ISBN 9667128598
- G. E. Starodubtsev. The international legal science of Russian emigration (1918-1939). Moscow: Publishing House of Book and Business, 2000. ISBN 5-212-00810-7
Links
Notes
- ↑ Ashkhan AVANESOVA, Yerkramas, No. 12, 2008 (unavailable link) . Date of treatment August 5, 2011. Archived January 2, 2011.