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In the Shadow of Vitoria: A History of International Law in Spain (1770-1953)


ISBN13: 9789004343221
Published: December 2017
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £125.00



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In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War.

Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.

Subjects:
European Jurisdictions, Spain
Contents:
Acknowledgments

Introduction

Chapter I - The Study of International Law in the Spanish Nineteenth Century
The Academic Study of International Law - An Early Spanish Awakening
Enlightened Despotism and the Study of the Law of Peoples in Spain
The Law of Peoples in Spain from the 1812 Constitution of Cadiz to the aftermath of the Independence of the Latin-American Republics
The First Professorships in International Law in Spain
Revolution in Spain and ‘Conscience Juridique de Monde Civilisée
The First ‘Professional’ Generation in Spain
The First ‘Renaissance’ of Francisco Vitoria

Chapter II – A Point of Inflection for International Law in Spain and the United States
The Spanish-American War – A Point of Inflection for International Law.
The Legacy of the Nineteenth Century in the U.S.’ International Legal Academia
The Insular Cases. The Standard of Civilization and Universal Particularism
Education and Spanish International Lawyers - The ‘Institutionist’ Creed
Revista de Derecho Internacional y Política Exterior
International Codification and The Hague Conferences
Colonial Policy of Substitution - The Moroccan Question.
The Founding of the American Society of International Law
James Brown Scott - the Omnipresent ‘amigo americano’

Chapter III - The Silver Age of International Law in Spain
‘The Strongest Breakthrough for the World at Large’
The League - A Fundamental Transformation
The Spanish Policy of Prestige and Revisionism at the League and the Second ‘Professional‘ Generation of Spanish International Law Scholars
The Re-Awakening of the ‘International Community’ in the Interwar doctrine
The Founding of the Association Francisco de Vitoria
The Second Spanish Republic and International Law - A Principled Engagement with Internationalism

Chapter IV - The Spanish Civil War - Inter Armas Pugnant Leges
Non-Intervention in the ‘Last Great Cause’
Setting the Stage for the Localization of the Spanish Civil War and the League of Nations
International Legal Aspects of the Spanish Civil War
H. Lauterpacht and the Practitioner’s Approach to the Spanish Civil War
Francisco de Vitoria and the Spanish Civil War

Chapter V - Noli Foras Ire. In interiore Hispaniae Habitat Veritas
Unity of Fate in the Universal
The Fascist Mimesis of International Law in Spain and the Axis Temptation
The Vitorian Aftermath and Autarchic Ostracism
Hispanidad, International Law and International Re-Alignment

Conclusion

Index