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International Lawyers as Hope Mongers: How Did We Come to Believe That Democracy Was Here to Stay? 作为希望蛊惑者的国际律师：我们是如何相信民主永存的？
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-30 DOI: 10.1163/15718050-bja10098
Işıl Aral
{"title":"International Lawyers as Hope Mongers: How Did We Come to Believe That Democracy Was Here to Stay?","authors":"Işıl Aral","doi":"10.1163/15718050-bja10098","DOIUrl":"https://doi.org/10.1163/15718050-bja10098","url":null,"abstract":"It is common these days to lament the recession of democracy around the world. The way scholars address the issue of democratic backsliding shows that there is a significant gap between the expectation about democracy’s anticipated course of development and the current state of affairs. This article argues that the expectation that democracy would consolidate over time was produced by the progress narrative of democratic governance discourses. Drawing on narratology, it conducts a discourse analysis to demonstrate that today’s dismay about the recession of democracy is due to an unwarranted expectation that was created by the progress narrative of democratic governance discourses. It focuses on the periodisation of history in the construction of these discourses and investigates how scholars used the Cold War – post-Cold War dichotomy to create a progress narrative.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"57 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140832953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Locating the 1948 Economic Agreement of Bogotá: The Rise and Fall of Latin America’s International Economic Law Project 定位 1948 年《波哥大经济协定》：拉丁美洲国际经济法项目的兴衰
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10099
Nicolás M. Perrone
{"title":"Locating the 1948 Economic Agreement of Bogotá: The Rise and Fall of Latin America’s International Economic Law Project","authors":"Nicolás M. Perrone","doi":"10.1163/15718050-bja10099","DOIUrl":"https://doi.org/10.1163/15718050-bja10099","url":null,"abstract":"This article claims that Latin America developed a competing International Economic Law project in the 1940s. These ideas and practices served the region to imagine its economic development process. Through the work of economists and lawyers – especially international lawyers – Latin America envisioned a future of industrialization and designed a strategy to make it happen. In the 1940s, many Latin Americans were enthusiastic about the prospects of industrialization; however, the consensus was that this objective required regional cooperation to reshape international trade and foreign investment laws among themselves and, especially, vis-à-vis the United States. This article explores this regional momentum focusing on the 1948 Economic Agreement of Bogotá, one of the most important international economic law-making efforts in the Western Hemisphere. In Bogotá, many Latin American governments insisted that states, not markets or foreign investors, should plan the region’s economic future. The United States and the US business elite disagreed.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"46 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140571977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The (Latin) American Dream? Human Rights and the Construction of Inter-American Regional Organisation (1945–1948) 拉丁美洲梦？人权与美洲区域组织的构建（1945-1948 年）
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10100
Francisco-José Quintana
{"title":"The (Latin) American Dream? Human Rights and the Construction of Inter-American Regional Organisation (1945–1948)","authors":"Francisco-José Quintana","doi":"10.1163/15718050-bja10100","DOIUrl":"https://doi.org/10.1163/15718050-bja10100","url":null,"abstract":"The American Declaration of the Rights and Duties of Man is often cited as evidence of the longstanding centrality of human rights in Latin American approaches to international law. However, when the Declaration is brought into the history of inter-American regionalism, a more complex picture emerges. This article places the early codification efforts of regional human rights within the post-war construction of inter-American regional organisation. It argues that for Latin American and US elites, the priorities lay on institutional, collective security, and economic aspects. In this context, they instrumentally embraced the flexible language of human rights to advance broader regionalist visions. As a result, human rights gained ground, albeit as a contested idea. The article reveals that the post-war institutional settlement ultimately comprised a collective security apparatus, crucial for the United States, supplemented by the principle of non-intervention, vital to Latin American states, in which human rights were not central.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"213 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140571967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regional Imaginations of Peace: The Work of the Rio Committee and the Antecedents of the Pact of Bogota (1942–1947) 和平的地区想象：里约热内卢委员会的工作和《波哥大公约》（1942-1947 年）的前身
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10103
Fabia Fernandes Carvalho
{"title":"Regional Imaginations of Peace: The Work of the Rio Committee and the Antecedents of the Pact of Bogota (1942–1947)","authors":"Fabia Fernandes Carvalho","doi":"10.1163/15718050-bja10103","DOIUrl":"https://doi.org/10.1163/15718050-bja10103","url":null,"abstract":"This contribution re-describes the work of the Rio Committee in international law concerning dispute settlement in the Americas between 1942 and 1947. The work of the Rio Committee constitutes a crucial doctrinal and institutional experience that underpins the fundamental transformations experienced in Pan-Americanism considering the meeting of the Ninth International Conference of American States in Bogota, Colombia, in 1948, which led to the creation of the Organization of the American States. As an antecedent to the adoption of the Pact of Bogota in 1948, the doctrinal work of the Rio Committee and its draft treaties allow for a substantive interrogation of the complex relationship between regionalism and universalism in international law. More specifically, this article assesses the ways in which mechanisms of peaceful settlement of disputes in the Americas were accommodated under the universal legal framework of the United Nations, opening space for regional cooperation to continue evolving in the continent.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"6 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140571974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Indigeneity at the 1948 Bogotá Conference 1948 年波哥大会议上的土著问题
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10093
Lucas Lixinski
{"title":"Indigeneity at the 1948 Bogotá Conference","authors":"Lucas Lixinski","doi":"10.1163/15718050-bja10093","DOIUrl":"https://doi.org/10.1163/15718050-bja10093","url":null,"abstract":"The article examines the history and legacy of the Bogotá diplomatic conference of 1948 in relation to Indigenous peoples. Indigenous voices were entirely absent from the Bogotá conference itself, and delegates relied instead on certain assumptions and narratives largely drawn from the <jats:italic>Indigenismo</jats:italic> movement in the Americas at the time. In considering Indigenous peoples as part of a broader social agenda, delegates confronted the legacies of colonialism and the ongoing exploitation and resistance of Indigenous peoples, invoking threads that we today might label a racial capitalism critique of international law. Their efforts, however salutary, culminated in an instrument, the Inter-American Charter of Social Guarantees, that was never ultimately adopted. Nevertheless, the debates at Bogotá are illuminating of the subsequent trajectory of Indigenous peoples’ rights in international law, and the alternative possibilities that can still be recovered to live up to the Bogotá conference delegates’ aspirations of Indigenous emancipation.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"120 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140572094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Blood Brotherhood and Colonial Treaties and Alliances: Between Myth and Reality 歃血兄弟会与殖民条约和联盟：神话与现实之间
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10097
Inge Van Hulle
{"title":"The Blood Brotherhood and Colonial Treaties and Alliances: Between Myth and Reality","authors":"Inge Van Hulle","doi":"10.1163/15718050-bja10097","DOIUrl":"https://doi.org/10.1163/15718050-bja10097","url":null,"abstract":"This article examines the representation and use of the blood exchange between European expeditionary leaders, that worked in the service of king Leopold <jats:sc>II</jats:sc>, and African rulers in Central and East Africa during the late nineteenth century. While the blood brotherhood played a role in the appeasement of African rulers and the conclusion of treaties, the details and origins of the procedure are often unclear. Europeans believed that the blood brotherhood was an African legal custom, even though recent anthropological studies suggest it differed from the inter-African version of the blood brotherhood. Europeans styled the blood brotherhood as the African counterpart to the European treaty, which served to support the legality of the much-contested treaties that Leopold <jats:sc>II</jats:sc>’s representatives had concluded, often under dubious circumstances. While the blood brotherhood therefore functioned as a practical tool to establish European influence and sovereignty over African rulers, it was also as a means of glorifying the white European explorer as a pseudo-scientist and well-meaning broker of peace. This article complicates the traditional narrative of how treaties were concluded during the Scramble for Africa and highlights the need for a critical re-examination of the legal practices and representations of colonialism.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"116 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140572093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Organizing Peace in the Americas: Collective Security versus International Adjudication 组织美洲和平：集体安全与国际裁决
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10101
Justina Uriburu
{"title":"Organizing Peace in the Americas: Collective Security versus International Adjudication","authors":"Justina Uriburu","doi":"10.1163/15718050-bja10101","DOIUrl":"https://doi.org/10.1163/15718050-bja10101","url":null,"abstract":"American states concluded two treaties to organize peace in the postwar world: the Rio Treaty (1947) and the Pact of Bogotá (1948). At first sight, they appear to reflect a division of tasks: the Rio Treaty would address threats to the peace and security of the Americas, and the Pact of Bogotá would help solve the disputes between American states. However, the Rio Treaty’s dominance during the Cold War calls this division into question. This paper first argues that American states pursued two projects of peace. The Rio Treaty was a defence pact with an autonomous enforcement mechanism, to which the United States was strongly committed. The Pact of Bogotá reflected Latin American states’ thinking that a comprehensive framework for solving disputes would mitigate regional power asymmetries. Second, it claims that the Rio Treaty’s vague provisions and the US support it enjoyed facilitated its dominance during the Cold War.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"33 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140572092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Epilogue: Bogotá, Law, Time, and Politics 后记：波哥大、法律、时间与政治
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-04-06 DOI: 10.1163/15718050-bja10102
George Rodrigo Bandeira Galindo
{"title":"Epilogue: Bogotá, Law, Time, and Politics","authors":"George Rodrigo Bandeira Galindo","doi":"10.1163/15718050-bja10102","DOIUrl":"https://doi.org/10.1163/15718050-bja10102","url":null,"abstract":"This special issue offers contemporary international lawyers a unique opportunity to be self-conscious about how those involved in the 1948 Bogotá Conference politicized time and how historical narratives about that Conference do the same. They treat the American region as an object of study in itself in international law, and avoid falling into the habit of many international lawyers in facing universalism as an a priori of legal thinking. In this vein, the 1948 Bogotá Conference is better seen as an array of possibilities.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"33 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140592325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
‘A Jurisprudence for the Future’: Anticolonial Lawyering during the Vietnam War Years 未来的法理学"：越战时期的反殖民主义诉讼
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-01-30 DOI: 10.1163/15718050-bja10091
Charlotte Kiechel
{"title":"‘A Jurisprudence for the Future’: Anticolonial Lawyering during the Vietnam War Years","authors":"Charlotte Kiechel","doi":"10.1163/15718050-bja10091","DOIUrl":"https://doi.org/10.1163/15718050-bja10091","url":null,"abstract":"<p>This article explores the dilemmas of progressive legalism during the Vietnam War years (1965–1975) by investigating the history of the Russell Tribunal. Scholars have argued that the 1960s witnessed a flourishing of anticolonial legalism, as activists sought to purge international law of its imperial origins. However, as the history of the Russell Tribunal shows, the transformation of law from a handmaiden of empire into a tool of anti-imperial resistance was not straightforward. This article examines the strategies employed by activists to overcome international law’s imperial biases. It argues that activists focused on developing a ‘jurisprudence for the future’, a mode of activism aimed at constructing international rules and norms that challenged, rather than sustained, European domination. By advocating for a future-oriented activism, tribunal members sought a temporary solution to the predicament of law’s imperial leanings. They defended their use of international law by asserting that their protests would contribute to the emergence of a future and more emancipatory international law. Nevertheless, an examination of the World Tribunal on Iraq (2003–2005) reveals that this envisioned future international law has yet to materialize. This article highlights the significance of futurism in the history of anticolonial lawyering and suggests that scholars should evaluate the limitations of a future-oriented legal activism.</p>","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"22 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139645993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A New History for Human Rights: Conflict of Laws as Adjacent Possibility 人权的新历史：法律冲突作为一种相邻的可能性
IF 0.7
JOURNAL OF THE HISTORY OF INTERNATIONAL LAW Pub Date : 2024-01-30 DOI: 10.1163/15718050-bja10095
León Castellanos-Jankiewicz
{"title":"A New History for Human Rights: Conflict of Laws as Adjacent Possibility","authors":"León Castellanos-Jankiewicz","doi":"10.1163/15718050-bja10095","DOIUrl":"https://doi.org/10.1163/15718050-bja10095","url":null,"abstract":"<p>The pivotal contributions of private international law to the conceptual emergence of international human rights law have been largely ignored. Using the idea of adjacent possibility as a theoretical metaphor, this article shows that conflict of laws analysis and technique enabled the articulation of human rights universalism. The nineteenth-century epistemic practice of private international law was a key arena where the claims of individuals were incrementally cast as being spatially independent from their state of nationality before rights universalism became mainstream. Conflict of laws was thus a vital combinatorial ingredient contributing to the dislocation of rights from territory that underwrites international human rights today.</p>","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"70 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139646003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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