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Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108606520
Category : Law
Languages : en
Pages : 465
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Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Ignacio de la Rasilla
Publisher: Cambridge University Press
ISBN: 1108606520
Category : Law
Languages : en
Pages : 465
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Book Description
This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395
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Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: Matthew C. R. Craven
Publisher: Martinus Nijhoff Publishers
ISBN: 9004154817
Category : Law
Languages : en
Pages : 264
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Book Description
This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Bardo Fassbender
Publisher: OUP Oxford
ISBN: 019163252X
Category : Law
Languages : en
Pages : 1445
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Book Description
The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.
Author:
Publisher: BRILL
ISBN: 9004461809
Category : Law
Languages : en
Pages : 513
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Book Description
What are the implications of writing the history of legal issues? Eighteen authors from different legal systems and backgrounds offer different answers, by examining the history writing on issues ranging from slavery over the use of force to extraterritorial jurisdiction. Contributions show how historiography has often distorted or neglected regional cultures and suggest alternative methods and approaches to history writing. These studies are highly relevant for current international relations in which the fight over master narratives is especially fierce among governments, in different academic fields, and also between governments and academics. Contributors are: Jean d'Aspremont, Julia Bühner, Emiliano J.Buis, Maria Adele Carrai, Jacob Katz Cogan, Ríán Derrig, Angelo Dube, Michel Erpelding, Etienne Henry, Madeleine Herren, Randall Lesaffer, Anne-Charlotte Martineau, Parvathi Menon, Momchil Milanov, Hirofumi Oguri, Gustavo Prieto, Hendrik Simon, Sebastian Spitra, and Deborah Whitehall.
Author: Annabel Brett
Publisher: Cambridge University Press
ISBN: 1108842461
Category : History
Languages : en
Pages : 423
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Book Description
Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.
Author: Giulio Bartolini
Publisher:
ISBN: 0198842937
Category : Law
Languages : en
Pages : 513
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Book Description
In the past few decades the understanding of the relationship between nations has undergone a radical transformation. The role of the traditional nation-state is diminishing, along with many of the traditional vocabularies which were once used to describe what has been called, ever since Jeremy Bentham coined the phrase in 1780, 'international law'. The older boundaries between states are growing ever more fluid, new conceptions and new languages have emerged which are slowly coming to replace the image of a world of sovereign independent nation states which has dominated the study of international relations since the early nineteenth century. This redefinition of the international arena demands a new understanding of classical and contemporary questions in international and legal theory. It is the editors' conviction that the best way to achieve this is by bridging the traditional divide between international legal theory, intellectual history, and legal and political history. The aim of the series, therefore, is to provide a forum for historical studies, from classical antiquity to the twenty-first century, that are theoretically-informed and for philosophical work that is historically conscious, in the hope that a new vision of the rapidly evolving international world, its past and its possible future, may emerge. Book jacket.
Author: Randall Lesaffer
Publisher: Cambridge University Press
ISBN: 1139453785
Category : Law
Languages : en
Pages : 505
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Book Description
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
Author: Juan Pablo Scarfi
Publisher: Oxford University Press
ISBN: 0190622342
Category : Law
Languages : en
Pages : 281
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Book Description
This book offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL).
Author: Stephen C. Neff
Publisher: Harvard University Press
ISBN: 0674726545
Category : Law
Languages : en
Pages : 641
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Book Description
Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
