{"title":"Law, Adjudication, and the “Experiment of International Administration” (1920–1946)","authors":"Philip A. Burton","doi":"10.1163/15718034-12341488","DOIUrl":null,"url":null,"abstract":"\nThe claim that international courts are a necessary precondition for the existence of international law rests on a more general assumption that the way a legal order is institutionalised determines the character of law within that legal order. This article explores the underlying structural association between institution form and the quality of law in the context of the “experiment of international administration”: the concentration, monopolisation and transformation of international authority in the aftermath of the First World War. By examining neglected sites of legal activity, in particular the Advisory Committee on the Traffic of Women and Children and the Permanent Mandates Commission, the article argues that an interwar “administrative turn” opened up new terrain for heterogeneous forms of international legal discourse.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":"66 1","pages":""},"PeriodicalIF":0.5000,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-12341488","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The claim that international courts are a necessary precondition for the existence of international law rests on a more general assumption that the way a legal order is institutionalised determines the character of law within that legal order. This article explores the underlying structural association between institution form and the quality of law in the context of the “experiment of international administration”: the concentration, monopolisation and transformation of international authority in the aftermath of the First World War. By examining neglected sites of legal activity, in particular the Advisory Committee on the Traffic of Women and Children and the Permanent Mandates Commission, the article argues that an interwar “administrative turn” opened up new terrain for heterogeneous forms of international legal discourse.
期刊介绍:
The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.