Pub Date : 2023-08-02DOI: 10.1163/18760759-20230005
S. Cattelan
This note announces the launch of a research project at the Vrije Universiteit Brussel with the generous support of the Carlsberg Foundation and guidance from Prof. dr. Frederik Dhondt. The project explores the early steps of one of the most dynamic and debated branches of international law, namely the law of the sea. It focuses on the interactions between the principle of the freedom of the sea, maritime neutrality and small powers’ diplomacy in the long eighteenth century. Analysing the rich archival material conserved in the French Ministry for Foreign Affairs – series Mémoires et documents, Correspondance politique – as well as the Danish National Archives, or Rigsarkivet, the project aims at the construction of a rich narrative of multiple uses of the law of the sea as an argumentative political-legal framework to express state and private interest. By a close reading of largely unexplored sources, the project contributes to the broader turn to state practice in the history of international law, a booming field of interdisciplinary research.
本说明宣布，在嘉士伯基金会的慷慨支持和Frederik Dhondt教授博士的指导下，布鲁塞尔弗里杰大学启动了一个研究项目。该项目探讨了国际法最具活力和争议的分支之一，即海洋法的早期步骤。它着重探讨了海洋自由原则、海洋中立原则和十八世纪以来小国外交之间的相互作用。该项目分析了法国外交部（Mémoires et documents，Correspondance politique）以及丹麦国家档案馆（Rigsarkivet）保存的丰富档案材料，旨在构建一个丰富的叙事，将海洋法作为表达国家和私人利益的争论性政治法律框架。通过仔细阅读基本上未经探索的来源，该项目有助于国际法史上更广泛地转向国家实践，这是一个蓬勃发展的跨学科研究领域。
{"title":"In the Shadow of the Great Powers: Freedom of the Sea and Neutrality in the Long Eighteenth Century","authors":"S. Cattelan","doi":"10.1163/18760759-20230005","DOIUrl":"https://doi.org/10.1163/18760759-20230005","url":null,"abstract":"\u0000This note announces the launch of a research project at the Vrije Universiteit Brussel with the generous support of the Carlsberg Foundation and guidance from Prof. dr. Frederik Dhondt. The project explores the early steps of one of the most dynamic and debated branches of international law, namely the law of the sea. It focuses on the interactions between the principle of the freedom of the sea, maritime neutrality and small powers’ diplomacy in the long eighteenth century. Analysing the rich archival material conserved in the French Ministry for Foreign Affairs – series Mémoires et documents, Correspondance politique – as well as the Danish National Archives, or Rigsarkivet, the project aims at the construction of a rich narrative of multiple uses of the law of the sea as an argumentative political-legal framework to express state and private interest. By a close reading of largely unexplored sources, the project contributes to the broader turn to state practice in the history of international law, a booming field of interdisciplinary research.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48028863","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}
Pub Date : 2023-08-02DOI: 10.1163/18760759-20230011
M. Cleary, E. J. Corredera, Pablo Nicolas Dufour, Jonathan Nathan, E. Salerno, M. Somos
This note studies the 1650 edition of Hugo Grotius’s De iure belli ac pacis. Using online and card catalogues, we have located eighty-nine copies, thirty-seven of which we examined in person, with an additional six fully digitised copies online. We hope that this research note on the preliminary results will generate greater interest in this unduly neglected edition. The note shows how, despite the connection established in the history of seventeenth-century politics that emphasized the ties between Grotius and the Peace of Westphalia, the reception of Grotius’s 1650 edition bore no relation to the debates at Osnabrück and Münster. However, this is an influential edition, cherished by collectors and authors. According to our findings, it would be reproduced in a number of later reprints.
{"title":"Hugo Grotius’s De iure belli ac pacis: A Report on the Worldwide Census of the 1650 Edition","authors":"M. Cleary, E. J. Corredera, Pablo Nicolas Dufour, Jonathan Nathan, E. Salerno, M. Somos","doi":"10.1163/18760759-20230011","DOIUrl":"https://doi.org/10.1163/18760759-20230011","url":null,"abstract":"\u0000This note studies the 1650 edition of Hugo Grotius’s De iure belli ac pacis. Using online and card catalogues, we have located eighty-nine copies, thirty-seven of which we examined in person, with an additional six fully digitised copies online. We hope that this research note on the preliminary results will generate greater interest in this unduly neglected edition. The note shows how, despite the connection established in the history of seventeenth-century politics that emphasized the ties between Grotius and the Peace of Westphalia, the reception of Grotius’s 1650 edition bore no relation to the debates at Osnabrück and Münster. However, this is an influential edition, cherished by collectors and authors. According to our findings, it would be reproduced in a number of later reprints.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47940091","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}
Pub Date : 2023-08-02DOI: 10.1163/18760759-20230004
Heikki Haara
{"title":"The Cambridge Companion to Pufendorf, edited by Knud Haakonssen and Ian Hunter","authors":"Heikki Haara","doi":"10.1163/18760759-20230004","DOIUrl":"https://doi.org/10.1163/18760759-20230004","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47775949","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}
Pub Date : 2023-08-02DOI: 10.1163/18760759-20230012
M. Cleary, Pablo Nicolas Dufour, E. Salerno, M. Somos
This article examines whether the publication of Hugo Grotius’s De iure belli ac pacis (ibp) constitutes a Grotian Moment. After a brief sketch of ibp’s early reception, we focus on the book’s uses in teaching, identifying and creating international law in the twenty-first century, and that ibp’s authority looms large in State practice, in opinio iuris, and in both scholarly and applied understandings of customary international law. While the publication of ibp meets the technical definition of a Grotian Moment, unquestioned invocations of ibp’s authority and contents are anachronistic and should be discontinued.
本文考察了雨果·格劳秀斯的《和平之心》(De iure belli ac pacis)的出版是否构成了格劳秀斯时刻。在简要介绍了ibp的早期接受情况之后，我们将重点关注本书在21世纪的教学、识别和创建国际法方面的应用，以及ibp在国家实践、法律意见以及对习惯国际法的学术和应用理解方面的权威。虽然ibp的出版符合格罗田时刻的技术定义，但毫无疑问地引用ibp的权威和内容是不合时宜的，应该停止。
{"title":"Grotian Moments and Appeals to Authority in Law and History","authors":"M. Cleary, Pablo Nicolas Dufour, E. Salerno, M. Somos","doi":"10.1163/18760759-20230012","DOIUrl":"https://doi.org/10.1163/18760759-20230012","url":null,"abstract":"\u0000This article examines whether the publication of Hugo Grotius’s De iure belli ac pacis (ibp) constitutes a Grotian Moment. After a brief sketch of ibp’s early reception, we focus on the book’s uses in teaching, identifying and creating international law in the twenty-first century, and that ibp’s authority looms large in State practice, in opinio iuris, and in both scholarly and applied understandings of customary international law. While the publication of ibp meets the technical definition of a Grotian Moment, unquestioned invocations of ibp’s authority and contents are anachronistic and should be discontinued.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47497047","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}
Pub Date : 2023-08-02DOI: 10.1163/18760759-20230013
D. Quiroga-Villamarín
As our contemporary international order seems to come apart at its seams in the trenches of Eastern Europe, many observers have sought solace in the promises made by the historical crucible in which this order was forged. It was, after all, in the aftermath of a previous global conflagration that a planetary constellation of statespeople attempted to create an architecture that would save ‘succeeding generations from the scourge of war’ under the aegis of the ‘United Nations Organization’ (uno). In hindsight, it is easy to look at the years that led to the creation of this international institution—and the proclamation of the Universal Declaration of Human Rights (udhr) of 1948, one of its central pillars—as a decisive ‘Grotian moment,’ insofar as it promised a new age for international ordering. And yet, the historical record shows that those contemporary to the making of the uno and the udhr were less certain about the ‘Grotianness’ of the moment they were living. In this sense, I argue that the plural legacies of the years 1941–1948 have been contested and disputed from the outset. In this contribution I think with, and perhaps against, the notion of ‘Grotian moments’ to interrogate how a narrative of the udhr as a watershed period for secularized individual rights came to eclipse another account of the udhr, which highlighted the centrality of collective welfare for the post-war settlement.
{"title":"‘Holding Fast to the Heritage of Freedom’: the Grotian Moment(s) of the Universal Declaration of Human Rights and the Early United Nations (1941–1949)","authors":"D. Quiroga-Villamarín","doi":"10.1163/18760759-20230013","DOIUrl":"https://doi.org/10.1163/18760759-20230013","url":null,"abstract":"\u0000As our contemporary international order seems to come apart at its seams in the trenches of Eastern Europe, many observers have sought solace in the promises made by the historical crucible in which this order was forged. It was, after all, in the aftermath of a previous global conflagration that a planetary constellation of statespeople attempted to create an architecture that would save ‘succeeding generations from the scourge of war’ under the aegis of the ‘United Nations Organization’ (uno). In hindsight, it is easy to look at the years that led to the creation of this international institution—and the proclamation of the Universal Declaration of Human Rights (udhr) of 1948, one of its central pillars—as a decisive ‘Grotian moment,’ insofar as it promised a new age for international ordering. And yet, the historical record shows that those contemporary to the making of the uno and the udhr were less certain about the ‘Grotianness’ of the moment they were living. In this sense, I argue that the plural legacies of the years 1941–1948 have been contested and disputed from the outset. In this contribution I think with, and perhaps against, the notion of ‘Grotian moments’ to interrogate how a narrative of the udhr as a watershed period for secularized individual rights came to eclipse another account of the udhr, which highlighted the centrality of collective welfare for the post-war settlement.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47948074","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}
Pub Date : 2023-08-02DOI: 10.1163/18760759-20230008
Ziv Bohrer
Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-ww2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (icl) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as icl’s birthplace and even more generally as the turning-point in international law’s attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present’s likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the ‘Grotian Moment’ concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past.
“Grotian Moment”概念自20世纪80年代由Richard Falk创立以来，在国际法话语中广受欢迎，标志着国际法范式的快速转变。这一概念建立在对过去两个事件的普遍回忆之上，作为这种范式的转变。很明显，第一个是“原始的”格罗提时刻，他将格罗提乌斯尊为国际法之父，主要是为了在1625年出版他的开创性论文《De Jure Belli ac Pacis》，据说这篇论文带来了一个重大的范式转变，产生了现代（国家主义和世俗主义），甚至是有史以来第一部有效的国际法。第二项赛事是二战后的纽伦堡国际选拔赛。据推测，从17世纪中期诞生到纽伦堡，国际法完全是国家主义的，因此个人通常不是其主体。除其他外，这意味着国际刑法是不可接受的。因此，纽伦堡被誉为有史以来第一个国际刑事法庭，国际刑事法庭的诞生地，更广泛地说，它是国际法对个人态度的转折点。简单地说，纽伦堡被认为是现代Grotian Moment的原型。然而，这篇论文表明，1625年和1945年都不是真正的Grotian Moments（尽管意义重大），以及现在这些神话的可能原因。论文进一步揭示，这些神话，以及目前对“Grotian Moment”概念的接受，都是一个更大的、研究不足的现象的表现：国际主义者越来越痴迷于将自己视为前沿，他们往往通过抹去过去来满足这种修复。
{"title":"Nuremberg and Grotius’s Scholarship as Non-Grotian Moments: On Novelty-Bolstering in International Law","authors":"Ziv Bohrer","doi":"10.1163/18760759-20230008","DOIUrl":"https://doi.org/10.1163/18760759-20230008","url":null,"abstract":"\u0000Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-ww2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (icl) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as icl’s birthplace and even more generally as the turning-point in international law’s attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present’s likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the ‘Grotian Moment’ concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47376475","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}
Pub Date : 2023-07-28DOI: 10.1163/18760759-20230015
Daniela Schwartz
{"title":"Sepúlveda on the Spanish Invasion of the Americas: Defending Empire, Debating Las Casas, edited and translated by Luke Glanville, David Lupher, and Maya Feile Tomes","authors":"Daniela Schwartz","doi":"10.1163/18760759-20230015","DOIUrl":"https://doi.org/10.1163/18760759-20230015","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46969653","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}
Pub Date : 2023-06-28DOI: 10.1163/18760759-20230009
M. Cleary, E. J. Corredera, Pablo Nicolas Dufour, Jonathan Nathan, E. Salerno, M. Somos
This research note offers a contextual overview of the printing history of Johann Blaeu’s 1646 octavo edition of Hugo Grotius’s De iure belli ac pacis (ibp). The note examines the printing process of the last edition that was prepared while Grotius was still alive, though it was published after his death. The note also sheds light on the theological dimension of some readers’ annotations, and concludes by discussing the impact this edition had on the modern versions of the text.
{"title":"Hugo Grotius’s De Iure Belli ac Pacis: A Report on the Worldwide Census of the Seventh Edition (1646)","authors":"M. Cleary, E. J. Corredera, Pablo Nicolas Dufour, Jonathan Nathan, E. Salerno, M. Somos","doi":"10.1163/18760759-20230009","DOIUrl":"https://doi.org/10.1163/18760759-20230009","url":null,"abstract":"\u0000This research note offers a contextual overview of the printing history of Johann Blaeu’s 1646 octavo edition of Hugo Grotius’s De iure belli ac pacis (ibp). The note examines the printing process of the last edition that was prepared while Grotius was still alive, though it was published after his death. The note also sheds light on the theological dimension of some readers’ annotations, and concludes by discussing the impact this edition had on the modern versions of the text.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47782581","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}
Pub Date : 2023-06-26DOI: 10.1163/18760759-20230014
Immi Tallgren
This chapter would have liked to invite its readers on an exciting but breath-taking journey through the historical landscapes of international law, since ‘time immemorial’ a male-centred and, until the 1990s, almost exclusively male intellectual tradition and professional practice – at least in the eyes of the currently dominating historiography. Helas, the ambition had to be downscaled into a few rapid zooms, touristic snapshots in an impressionistic mode, on seven contexts in time and space in a hasty timeline from the eighteenth century to 2021. They reflect, merely as examples, women’s status in international law in diverse political, social and legal transformations or crisis. Some are representing moments of codification or the break-through of certain interpretations of women’s rights. Others are selected for their role in enabling women’s participation in decision-making or entry to international legal positions, or because they provide an example of women’s international activism for women’s rights. All of them might have preceded, followed, or in fact themselves constituted ‘Grotian Moments’ for ‘women’s rights’ – did they, and if not, why? Should they have? If yes, which ones and how, to what effect for ‘women’?
{"title":"Hugo’s Moments, Maria’s Everyday Chores? Discords in the Search for Grotian Moments for Women’s Rights in International Law","authors":"Immi Tallgren","doi":"10.1163/18760759-20230014","DOIUrl":"https://doi.org/10.1163/18760759-20230014","url":null,"abstract":"\u0000This chapter would have liked to invite its readers on an exciting but breath-taking journey through the historical landscapes of international law, since ‘time immemorial’ a male-centred and, until the 1990s, almost exclusively male intellectual tradition and professional practice – at least in the eyes of the currently dominating historiography. Helas, the ambition had to be downscaled into a few rapid zooms, touristic snapshots in an impressionistic mode, on seven contexts in time and space in a hasty timeline from the eighteenth century to 2021. They reflect, merely as examples, women’s status in international law in diverse political, social and legal transformations or crisis. Some are representing moments of codification or the break-through of certain interpretations of women’s rights. Others are selected for their role in enabling women’s participation in decision-making or entry to international legal positions, or because they provide an example of women’s international activism for women’s rights. All of them might have preceded, followed, or in fact themselves constituted ‘Grotian Moments’ for ‘women’s rights’ – did they, and if not, why? Should they have? If yes, which ones and how, to what effect for ‘women’?","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42672167","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}
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