Tradition Of International Law Research Articles

The Spiritual Exercises of Antonio Cassese and the Re-Forming of a ‘European Tradition’ of International Law

Abstract This article describes Antonio Cassese’s vital influence on the ‘European tradition of international law’ through an attentiveness to those specific activities through which Cassese, as heir, received this tradition and through which Cassese, as ancestor, transmitted it. The specific activity that the article chooses to describe is that of writing – one of the several activities through which a tradition might be transmitted and received. It does so especially through close readings of several pieces of international legal writing wherein Cassese explicitly sought to dialogically redescribe the practices of an older generation of Euro-American international lawyers, including The Tokyo Trial and Beyond (1994) and Five Masters of International Law (2011). This training repertoire is his ‘spiritual exercises’, and, as the article shows, it invites others to take up their role as international lawyers and to conduct themselves as international lawyers in a specific way by cultivating in them conscience as a capacity to actualize judgment in the world.

Textbooks as Markers and Makers of International Law: A Brazilian Case Study

Abstract This article challenges conventional views of international law textbooks as mere instructional tools and explores them as powerful sites for shaping knowledge and the discipline. Drawing on empirical methods and critical theory, we analyse the 10 main international law textbooks used in Brazil and conduct interviews with their authors to illuminate the textbooks’ complexities and their potential for shaping the discipline and the profession. The article delves into the tension between the structure of international law as depicted in the textbooks and the agency of their authors, investigating the authors’ identities and backgrounds. Brazil serves as a compelling case study due to its numerous international law textbooks and their widespread use. Our results indicate a predominant universalist approach in Brazilian textbooks and their connection to the French international law tradition. Moreover, the study sheds light on the Brazilian ‘invisible college’ of international lawyers, revealing gender and racial disparities and institutional centralities. It also uncovers crucial omissions in the textbooks, such as the relationship of international law to colonialism, slavery, race, gender and economic inequality. Overall, this study offers a comprehensive understanding of international law as a field in Brazil and provides a valuable methodological framework for future research on textbooks’ role in shaping the discipline.

The Estonian Tradition of International Law

This article introduces the Baltic Yearbook of International Law volume on the Estonian tradition of international law. It interprets the comparative and translational role of the Estonian tradition of international law as a Western borderland physically close to Russia, and thematises this argument through historical examples going back several centuries. Topics discussed include the role of historical figures such as Olaus Hermelin, the 19th century legal positivists in international law, and the founders of the German Ostrecht tradition. The article also examines key Estonian positions in international law such as the role of international law in the UN, international law in cyber conflicts and other issues. One of the conclusions is that international law is an existentially important matter for small States such as Estonia, Latvia and Lithuania.

THE “ENGLISH SCHOOL” OF INTERNATIONAL LAW: SOUNDINGS VIA THE 1972 JUBILEE ESSAYS

AbstractAs part of the Cambridge Law Journal's centenary celebrations, this article reads two essays from the journal's 50th anniversary issue. The essays, by Cambridge professors Robert Jennings and Derek Bowett offer resources for the history of international law and its historiography. They shine a light on key debates on the law of the sea at a crucial moment of its development. A close reading of these essays also reveals starting points for new scrutiny of an “English” tradition of international law, including the place of the academy within the tradition, its blueprints for the future of international law and international legal order, and its relation to empire and capitalism.

The 'English School' of International Law: Soundings via the 1972 Jubilee Essays

As part of the Cambridge Law Journal's centenary celebrations, this article reads two essays from the journal's 50th anniversary issue. The essays, by Cambridge professors Robert Jennings and Derek Bowett offer resources for the history of international law and its historiography. They shine a light on key debates on the law of the sea at a crucial moment of its development. A close reading of these essays also reveals starting points for new scrutiny of an “English” tradition of international law, including the place of the academy within the tradition, its blueprints for the future of international law and international legal order, and its relation to empire and capitalism.

Camilo Barcia Trelles in and beyond Vitoria's Shadow (1888–1977)

Abstract Credited with having fostered the renaissance of Francisco de Vitoria and the School of Salamanca in international law circles in the interwar period, Camilo Barcia Trelles has largely fallen into oblivion along with most Spanish international law professors of the Spanish Civil War generation. The first part of this article provides an outline of the long career of Barcia Trelles against the background of the radically transformed domestic and international context of the interwar years and the aftermath of World War II in both Spain and Europe. The second part surveys three key themes of Barcia Trelles’ 60-year long contribution to the study of international law and international politics. First, it analyses his early interest in the process of regionalism in Latin America and the role of North American foreign policy in the region. This is followed by an analysis of Barcia Trelles’s attention to the study of the Spanish classics of international law during the interwar period, and, finally, by an overview of his approach to the study of international law in the light of international politics during the Cold War. The conclusion briefly engages with the legacy of Barcia Trelles’ life and works in the European tradition of international law.

The Law (and Politics) of Forced Displacement: Towards a History of the Present

Coerced transfer of populations, it is often noted, is illegal under international law. This talk aims to challenge this basic premise. A certain tradition of international law fosters a much more ambiguous position towards the collective transfer of groups. Through several types of instruments allowing for collective transfer, historical and contemporary, international law has constantly played a key role in the transnational governance of populations. It is worthwhile to reevaluate the history of international law as a mode of population governance. With multiple unfolding and impending climate crises, the ambiguous role of international law in the mass movement of populations is likely to become ever-more-important.

Hacia un orden legal regional: Vicente Quesada y la construcción del derecho internacional latinoamericano

Aunque fue un diplomático de carrera y se vio implicado en el armado de los objetivos de la delegación argentina en la Primera Conferencia Panamericana (1889-1890), Vicente Quesada fue un precursor del antiimperialismo latinoamericano y de las teorías que postularon la existencia de un derecho internacional regional para América Latina. Antes de que el antiimperialismo latinoamericano comenzara a calar profundamente en el imaginario intelectual, diplomático y político latinoamericano, Quesada esbozó una serie de críticas contundentes a la Doctrina de Monroe como garante de la paz en América y al emergente panamericanismo promovido por James Blaine en el contexto de la Primera Conferencia Panamericana. Asimismo, precediendo a la institucionalización del derecho internacional como disciplina moderna en la Argentina y la construcción de una tradición legalista continental asociada al panamericanismo, Quesada publicó una serie de trabajos influyentes en los que intentó demostrar que la paz regional era producto de principios legales auténticamente latinoamericanos y no de la Doctrina de Monroe. Este artículo se funda en el estudio de estos trabajos de Quesada y argumenta, entonces, que Quesada fue pionero en la postulación de una tradición latinoamericana del derecho internacional, abogando por la construcción de un orden legal regional latinoamericano resguardado del expansionismo estadounidense.

Sublimitas Supra-Dogma Hukum Adat dalam Hierarkhi Kaidah-kaidah Hukum Internasional

This descriptive research is specifically prepared to explore the dogma of Jus Cogens regarding its status as the highest legal source of International Customary Law, registering moments that the way this doctrine is institutionalized is such status; explore the ways in which Jus Cogens is applied to solving international disputes. The approach used to approach the object under study is a juridical-dogmatic approach, an approach commonly used in Legal Dogmatic studies in general. Meanwhile, the research method used in the overall context of this research is the normative-doctrinal legal research method. This is the name for the system that will teach this research to map core issues; collect data; and, information, conduct analysis, and then draw a set of conclusions. The Results: (a) Jus Cogens is a dogma that was born and developed from International Customs Law; (b) Jus Cogens has been accepted/adopted as the Highest Norm in the tradition of International Law; and, (c) Jus Cogens has been applied for the first time in resolving disputes between Bosnia and Herzegovina v. Montenegro Serbia.

International Law and the Turn to Political Economy

AbstractAn increasing number of international law scholars over the last few years have started to turn their attention to the study of political economy. To what extent can this trend be considered an indication of an underlying ‘disciplinary turn’? How should one understand the phenomenon of disciplinary turns? The answer we propose to this question in this article proceeds from the assumption that not all disciplinary shifts follow the same logic. Unlike the linguistic or the historical turn, the turn to political economy in contemporary international law does not represent an exercise in inter-disciplinary exploration. The concept of political economy used in international law has very little to do with the actual discipline of political economy. It is much more diffuse and unfocused in theoretical terms. What gives it its essential sense of identity is not any form of distinct methodological orientation, but rather its basic usefulness as a potential marker of critical self-distancing vis-à-vis the mainstream international law tradition and its ideological function as a mediating device for the expression of a deep-seated concern about the structural injustices of modern capitalism.

F.F. Martens and His Time: When Russia Was an Integral Part of the European Tradition of International Law

This introductory article opens the symposium which examines the legacy of the Russian international lawyer Friedrich Fromhold von (or Fyodor Fyodorovich) Martens (1845-1909). In the first section, the article critically reviews previous research and literature on Martens and discusses the importance of the Martens diaries that are preserved in a Moscow archive. In the second section, the article offers an intellectual portrait of Martens and analyses the main elements in his international legal theory as expressed in his textbook. In particular, his claim that international law was applicable only between civilized states is illuminated and discussed.

The Innate Cosmopolitan Tradition of International Law

This article develops an account of innate cosmopolitanism in international law and relations. Innate cosmopolitanism stands for the proposition that the world as a whole should be considered as an entity relevant in international legal theory, which has interests and a will of its own capable of giving rise to norms of international law. Although innate cosmopolitanism has not been the subject of a dedicated scholarship, in contrast to better known traditions such as liberal cosmopolitanism and cosmopolitan constitutional theory, the concept of innate cosmopolitanism has informed the historical development of international law. Tracing its development from the 16th century Spanish School, this article addresses the scope and substance of the tradition of innate cosmopolitan thought in the discourse of international law; its domain relative to other streams of cosmopolitan thought in international law; and a critical evaluation of the role of innate cosmopolitan ideas in the discourse and development of international law.

Francisco de Vitoria’s Unexpected Transformations and Reinterpretations for International Law

Abstract A review of some of the legacies of Vitoria for international legal scholarship accompanies, in the first part, a retrospective gaze at the first third of the Twentieth century, in order to examine how the founder of the American Society of International Law, James Brown Scott, contributed to (re)establish Vitoria as the father of international law in the inter-war years. The second part provides a genealogy of the critical front of the Vitorian revival in international law today. Special attention is, then, paid to some of the intellectual building-blocks and programmatic tenets which have inspired a Third World Approaches to International Law (TWAIL) anti-imperial narrative of the international legal order along with a TWAIL’s re-interpretation and re-contextualisation of the works of the sixteenth century’s Prima professor of Sacred Theology at the University of Salamanca. The conclusion reflects on the lasting legacy of the Spanish Classics in the American tradition of international law.

International Treaties (Mu’âhadât) in Islam

In the post-9/11 era and with increasing tension between the Islamic and thenon-Islamic worlds due to al-Qa’ida’s purported global jihad, Labeeb Bsoul’sstudy of the Islamic law of international treaties is certainly a timely contributionto an important topic. While this work represents a fairly comprehensiveresource for researchers in this area insofar as it gathers the opinions ofnumerous pre-modern (and some modern) scholars of Islamic law on variousissues related to war and peace between Islamic and non-Muslim states,it is, unfortunately, no more than a simple compilation of their views.Indeed, the author provides no meaningful historical framework by which one could trace doctrinal development or tie these doctrines to a wider historicalor philosophical tradition of international law. Those looking foranswers regarding the possibilities for mutual co-existence between Muslimand non-Muslim states on the basis of mutual equality will be severelydisappointed ...

Reconsecrating the Temple of Justice: Invocations of Civilization and Humanity in the Nuremberg Justice Case

RésuméLes procès de Nuremberg constituent le fondement du droit criminel international contemporain. Néanmoins, ces procès sont rarement étudiés dans un contexte social et conceptuel plus large. Cet article examine le contexte ainsi que le rôle du concept de «civilisation» tel qu'utilisé dans le cas deU.S. v. Altstoetter, c'est-à-dire le procès de 1947 des juges et administrateurs judiciaires nazis à Nuremberg. L'auteure place la référence au concept de «civilisation» telle qu'évoqué parAltstoetterau sein d'une tradition du droit international qui définit la loi et la civilisation comme étant «co-constitutives». La courAltstoetterconceptualisait l'Allemagne comme un pays essentiellenient civilisé tombant dans une violence barbare et anarchique. Cette représentation aide la cour à établir la culpabilité des accusés, à blâmer la violence nazie sur l'absence de loi ainsi qu'à établir sa propre autorité.

The Right to Health, International Law, and Economic Justice

Background: Proponents of free market conservatism object to the idea of a right to health per se, distinguished from a right to health care. They insist on the importance of economic growth and private affluence, efficiency in production and consumption in the health sector, and eschew governmental regulation. Discussion: The free market conservative approach to health care ignores some fundamentals of human rights discourse, the basic features of international law, and the demands for economic justice in the health sector. This is particularly problematic in light of the economic disparities between industrialized and developing countries, as well as the immense global burden of disease in the latter. Summary: 1. The right to health is a fundamental human right, having the status of a non-derogable right. 2. The declaratory tradition of international law, with its attention to progressive achievements, does not eliminate State obligations to recognize, protect, and fulfill the right to health. 3. A just economy recognizes the obligation of States to regulate distribution in the health sector. 4. Globalization elicits attention to the task of articulating a global public health ethics. Health and human rights are complementary approaches to the advancement of human well being. --Dr. Gro Harlem Brundtland, Director-General, World Health Organization The naive idealist who thinks he knows truth—without accounting for competing claims of the self-interests of others—is a danger. We need the insight of both children to forge truly moral social policies. --Joel Rosenthal, President, Carnegie Council on Ethics in International Affairs

Ritual, Mediation and the International Laws of the South

This article seeks to answer one of the questions posed by the editors of this special issue: how is it possible to live with honour according to the law one represents in the legal spaces of the South? The article explores two related issues raised for me as an Australian Professor of International Law by this question. First, what might it mean for the tradition of international law that emerged alongside the modern European state system to recognise indigenous laws as another source of ceremonies, languages, privileges and obligations governing the meeting of laws in the South today? And second, what resources does European international law make available that might enable it to encounter other legal orders, as one participant among many rather than as the expression of a universal law? The article looks to examples of protocols, rituals and norms derived from human rights law, the law and practice of diplomacy, laws to facilitate commercial sociability, and laws relating to the use of force, in order to explore whether these legal traditions provide any means to limit, constrain or guide the representatives of European states and their colonial successors as they journey beyond the legal space of Europe.

The American Tradition of International Law: Great Expectations 1789-1914. By MW Janis. Oxford: Clarendon Press, 2004. vii + 156 pp + index 30

The American Tradition of International Law: Great Expectations 1789-1914. By MW Janis. Oxford: Clarendon Press, 2004. vii + 156 pp + index £ 30 Get access D French D French Search for other works by this author on: Oxford Academic Google Scholar British Yearbook of International Law, Volume 76, Issue 1, 2005, Pages 541–543, https://doi.org/10.1093/bybil/76.1.541 Published: 01 November 2006

Pragmatism as a path towards a discursive and open theory of international law

The theoretical foundations of international law have become ever more dominated by the liberal tradition of thought, the ideal of a 'new' ethic of global democracy and human rights. It is nonetheless questionable whether such a pacifist paradigm of international law, with its assumption of consensus as the source and basis of validity of international law, is sufficient to solve present international legal problems. The paper sets out in the first part the idealist tradition of international law, from Kant, through Kelsen, to its reconstitution in the international law doctrine of the Federal Republic of Germany expressed in the textbook Universelles Völkerrecht by Verdross and Simma. Then, in a second part, the liberal legal paradigm is subject to a critique. Instead of speaking of the transformation of classical international law into a cosmopolitan law of a world civil society, a plea is made for a 'new' pragmatic international law, beyond universality and objectivity. From the perspective of pragmatism, law is seen not as an objective, already given norm, but as a contingent act of creative problem solving. What implications this sort of therapy might have and how international law as discursive law might contribute as a problem-solving discipline, is discussed in the final section, in the context of the Kosovo crisis.

The International Court of Justice and the Western Tradition of International Law: The Paul Martin Lectures in International Relations and Law. By Edward Mcwhinney. Dordrecht, etc.: Kluwer Academic Publishers Group, 1987. Pp. xiv, 158. US$60.00; Dfl. 125.00; UK£38.75 (hardbound).

The International Court of Justice and the Western Tradition of International Law: The Paul Martin Lectures in International Relations and Law. By Edward Mcwhinney. Dordrecht, etc.: Kluwer Academic Publishers Group, 1987. Pp. xiv, 158. US$60.00; Dfl. 125.00; UK£38.75 (hardbound). - Volume 17 Issue 2