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Politics and the Histories of International Law最新文献

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Three Wartime Textbooks of International Law 三本战时国际法教科书
Politics and the Histories of International Law Pub Date : 2020-10-21 DOI: 10.1163/15718050-12340156
D. Whitehall
{"title":"Three Wartime Textbooks of International Law","authors":"D. Whitehall","doi":"10.1163/15718050-12340156","DOIUrl":"https://doi.org/10.1163/15718050-12340156","url":null,"abstract":"\u0000Three wartime textbooks of international law published and then reissued by Hersch Lauterpacht, James Brierly and Georges Scelle between 1940 and 1945 present a collective argument against the politics of war by analysing the design flaws of interwar international law. Though the criticism was not new, its repetition in textbooks during war highlights the strategic significance of using basic principles to defend the pacifistic function of international law when lawlessness reigned the global imaginary. The textbook genre became an unexpected, critical field which enlivened when its first readers found the past of international law in their present, conditioned by crisis. There, against the scene of first reading and writing, the texts became counter texts which side-stepped diplomatic controversy to critically examine the reasons for the breakdown of order and remind internationalists about the continuity of law despite war, the political limits on legal function, and the tasks for their diligent, expert attention.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"60 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133356585","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
Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out 多样性带来力量?治外法权的悖论与局外人的历史
Politics and the Histories of International Law Pub Date : 2020-10-21 DOI: 10.1163/15718050-12340153
M. Herren
{"title":"Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out","authors":"M. Herren","doi":"10.1163/15718050-12340153","DOIUrl":"https://doi.org/10.1163/15718050-12340153","url":null,"abstract":"\u0000This contribution argues that the right of access to extraterritorial jurisdiction shaped privilege-based communities across national borders. It discusses extraterritoriality as a legal framework that enabled and shaped the building of communities of foreigners from many different backgrounds. Extraterritoriality – counterintuitively – amalgamated and strengthened a community through that very diversity. This was precisely why that community of foreigners – specified as the odd ones out – understood itself as a social unit across national boundaries, loosening and even contesting its affiliation to a specific nation and/or empire.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124559690","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 Road to Collective Security: Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934) 通往集体安全之路:苏俄、国际联盟和俄国革命后反战争的出现(1917-1934)
Politics and the Histories of International Law Pub Date : 2020-10-21 DOI: 10.1163/15718050-12340155
E. Henry
{"title":"The Road to Collective Security: Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934)","authors":"E. Henry","doi":"10.1163/15718050-12340155","DOIUrl":"https://doi.org/10.1163/15718050-12340155","url":null,"abstract":"\u0000This article argues that the quest for ‘peaceful coexistence’, sometimes depicted as an inherent quality of Soviet foreign policy, rather reflects a re-interpretation of actual practice in the light of subsequent developments – in connection with the emergence of Joseph Stalin’s doctrine of Socialism in one country. The latter was primarily inspired by tactical necessities rather than doctrinal dogmas. Even though Soviet Russia was perceived and sometimes acted as an outsider, if not a disrupting agent, until the accession of the USSR to membership in the League of Nations in 1934, Soviet foreign legal policy discourse in the 1920s and early 1930s, with its increasing focus on ‘peaceful coexistence’ and collective security rather than world proletarian revolution, contributed substantively to the emergence and development of modern ius contra bellum.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"30 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132656146","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 Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China 晚清时代的历史政治:威廉·a·p·马丁与中国国际法史
Politics and the Histories of International Law Pub Date : 2020-10-21 DOI: 10.1163/15718050-12340152
M. Carrai
{"title":"The Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China","authors":"M. Carrai","doi":"10.1163/15718050-12340152","DOIUrl":"https://doi.org/10.1163/15718050-12340152","url":null,"abstract":"\u0000In the light of 19th-century attempts to universalize history and international law, the purpose of this article is to show how the theory of an Ancient Chinese international law matured and disseminated within one politics of history and helped generate another at the end of the Qing Dynasty. On the one hand, the middleman William Alexander Parsons Martin, who as part of his Christian mission and in order to make international law more acceptable to the Chinese, translated systematically international law into Chinese and attempted to universalize it by finding a proto-international law in Ancient China. On the other hand, Chinese scholars and officials sought to use Martin’s theory to universalize Confucianism and rectify international law according to what they believed to be their own superior morality and history.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114843315","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: 3
Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century 文明、保护、归还:19世纪和20世纪国际文化遗产法的批判史
Politics and the Histories of International Law Pub Date : 2020-10-21 DOI: 10.1163/15718050-12340154
Sebastian M. Spitra
{"title":"Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century","authors":"Sebastian M. Spitra","doi":"10.1163/15718050-12340154","DOIUrl":"https://doi.org/10.1163/15718050-12340154","url":null,"abstract":"\u0000This article provides a new narrative for the history of cultural heritage law and seeks to contribute to current legal debates about the restitution of cultural objects. The modern protection laws for cultural objects in domestic and international law evolved in the 19th and 20th century. The article makes three new arguments regarding the emergence of this legal regime. First, ‘civilisation’ was a main concept and colonialism an integral part of the international legal system during the evolution of the regime. The Eurocentric concept of civilisation has so far been an ignored catalyst for the international development of cultural heritage norms. Second, different states and actors used cultural heritage laws and their inherent connection to the concept of civilisation for different purposes. Third, the international legal system of cultural heritage partly still reflects its colonial roots. The current restitution discussions are an outcome of this ongoing problematic legal constellation.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116185471","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: 2
A History of International Law in the Vernacular 《白话文国际法史
Politics and the Histories of International Law Pub Date : 2020-06-16 DOI: 10.2139/ssrn.3635008
Jacob Katz Cogan
{"title":"A History of International Law in the Vernacular","authors":"Jacob Katz Cogan","doi":"10.2139/ssrn.3635008","DOIUrl":"https://doi.org/10.2139/ssrn.3635008","url":null,"abstract":"\u0000Histories of international law have typically focused on the origins of legal rules and doctrines, the decisions of courts and other formal tribunals, the views of professors and legal theorists and diplomats, and the evolution of the legal profession. That is, international legal histories have centered on the concerns of lawyers and states and have reflected a positivist vision of international lawmaking. We need a history of international law that focuses more on international law in action – the invocation, elaboration, and contestation of rules in and through their everyday application, not just by states, high-level state actors, legal theorists, and state-organized domestic and international institutions, but also by individuals, low-level officials, private groups, and nongovernmental actors and in places outside of the usual fora where ‘international law’ is said to be found. We need a history of international law in the vernacular.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121019971","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: 3
Turntablism in the History of International Law 国际法史上的转盘主义
Politics and the Histories of International Law Pub Date : 2020-05-11 DOI: 10.1163/15718050-12340142
Jean d’Aspremont
{"title":"Turntablism in the History of International Law","authors":"Jean d’Aspremont","doi":"10.1163/15718050-12340142","DOIUrl":"https://doi.org/10.1163/15718050-12340142","url":null,"abstract":"\u0000This article uses the metaphor of turntablism to shed light on the confinement of international lawyers’ engagement with history to the terms, vocabularies, and categories of the very historical narratives they seek to evaluate, disrupt, or displace. For the sake of this article, turntablism is understood here as the art of creating new music and sound effects by using one or several turntables on which a record is placed. This article argues that twenty-first century international lawyers engaging with the history of international law are talented turntablists in that the many historiographical works of international lawyers produced since the so-called ‘historical turn’ have remained confined to the very terms, categories, and vocabularies of the histories whose creation they have been discoursing and theorising. This article ultimately shows that turntablism is not the inevitable fate of international lawyers engaging with history, and that a radical historical critique is possible and should be promoted.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116663002","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: 2
Edmund Burke and the Ambivalence of Protection for Slaves: Between Humanity and Control 埃德蒙·伯克与保护奴隶的矛盾心理:在人性与控制之间
Politics and the Histories of International Law Pub Date : 2020-04-25 DOI: 10.1163/15718050-12340151
P. Menon
{"title":"Edmund Burke and the Ambivalence of Protection for Slaves: Between Humanity and Control","authors":"P. Menon","doi":"10.1163/15718050-12340151","DOIUrl":"https://doi.org/10.1163/15718050-12340151","url":null,"abstract":"\u0000This article focuses on the period between 1812 and 1834, when the British Empire introduced protection measures to mitigate the suffering of slaves from planter brutality, but also to protect planters from slave rebellion. By examining the impact and influences wielded by Edmund Burke’s Sketch of a Negro Code (1780), this article studies protection as an alliance between the abolitionists and planters who, despite contestations, found in Burke’s Code a means to attain their separate ends. Through the workings of the Office of the Protector, instituted by the imperial authorities in the slave colony of Trinidad, this study examines how it granted slaves the humanity of ‘rights’ against their masters, while also protecting the right to property (in slaves) of the planters. I argue that the paternalistic practice of protection was, as is in the present, at the center of the exploitation of subjugated groups.","PeriodicalId":444033,"journal":{"name":"Politics and the Histories of International Law","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133091204","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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