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Politics and the Histories of International Law: The Quest for Knowledge and Justice

Edited by: Raphael Schäfer, Anne Peters

ISBN13: 9789004461796
Published: July 2021
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: Price on Application



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.

Subjects:
Legal History
Contents:
Politics and the Histories of International Law: An Introduction
Anne Peters, Raphael Schäfer, and Randall Lesaffer
Part 1. International Law and Vulnerable Groups
Chapter 1. Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out
Madeleine Herren
Chapter 2. The Politics of Writing on the History of Slavery in International Law
Anne-Charlotte Martineau
Chapter 3. Edmund Burke and the Ambivalence of Protection for Slaves: Between Humanity and Control
Parvathi Menon
Chapter 4. One Hundred Years of Soli(dari)tude: The Creation of the Refugee Regime and the Politics of Humanitarianism
Momchil Milanov
Part 2. The Use of Force Discourse in a Historical Perspective
Chapter 5. Theorising Order in the Shadow of War: The Politics of International Legal Knowledge and the Justification of Force in Modernity
Hendrik Simon
Chapter 6. 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)
Etienne Henry
Chapter 7. Three Wartime Textbooks of International Law
Deborah Whitehall
Part 3. Regional and Cultural Variations of International Law
Chapter 8. The Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China
Maria Adele Carrai
Chapter 9. Mixed Claims Commissions in Latin America during the 19th and 20th Centuries: The Development of International Law in between Caudillos and Revolutions
José Gustavo Prieto Muñoz
Chapter 10. The Forgotten Continent? A South African Perspective on the Development of African International Legal Thought
Angelo Dube and Lindelwa Mhlongo
Chapter 11. International Law and the European Court of Justice: The Politics of Avoiding History
Michel Erpelding
Part 4. The Looming of the Past over the 20th Century
Chapter 12. Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century
Sebastian M. Spitra
Chapter 13. International Law, Science and Psychology in the New Haven School
Ríán Derrig
Chapter 14. Histories Hidden in the Shadow: Vitoria and the International Ostracism of Francoist Spain
Julia Bühner
Part 5. New Methods and Approaches
Chapter 15. Turntablism in the History of International Law
Jean d’Aspremont
Chapter 16. The Politics of Anti-Politics: Historiographies of International Law and the Paradox of Antiquity
Emiliano J. Buis
Chapter 17. Taming Politics or Naïveté of Positivism in International Law?: Lassa Oppenheim and His Ascertainment of Customary International Law
Hirofumi Oguri
Chapter 18. A History of International Law in the Vernacular
Jacob Katz Cogan
Index