Pub Date : 2022-12-21DOI: 10.1163/18760759-43020006
Michael Milo
{"title":"Klaus Kowalski, Das Vertragsverständnis des Hugo Grotius. Zwischen Gerechtigkeit, Treue und Rechtsübertragung","authors":"Michael Milo","doi":"10.1163/18760759-43020006","DOIUrl":"https://doi.org/10.1163/18760759-43020006","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48819570","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 : 2022-12-21DOI: 10.1163/18760759-43020003
E. J. Corredera, Pablo Nicolas Dufour, Lara Muschel, E. Salerno, Timothy Twining, M. Somos
This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers have appreciated the quality of the production and three engaged with the text for radically different ends: Remigius Faesch, Baron von Boineburg, and Wendell Phillips. The article draws attention to the changes and continuities in reading and annotation patterns and offers preliminary insights into the themes that these influential readers focused on. We hope that it will inspire readers to bring further copies to our attention.
{"title":"Hugo Grotius’s De iure belli ac pacis: A Report on the Worldwide Census of the Fifth Edition (1632, Blaeu)","authors":"E. J. Corredera, Pablo Nicolas Dufour, Lara Muschel, E. Salerno, Timothy Twining, M. Somos","doi":"10.1163/18760759-43020003","DOIUrl":"https://doi.org/10.1163/18760759-43020003","url":null,"abstract":"\u0000 This article provides new information on the printing and readership history of the fifth edition of De iure belli ac pacis. Building on our earlier research on the way that the dispute between Willem Janszoon Blaeu and Johannes Janssonius influenced the publication of the 1631 edition of the text, this article studies how Blaeu harnessed his position to make the 1632 edition more reputable than the earlier version published by his rival. The article considers how, over four centuries, readers have appreciated the quality of the production and three engaged with the text for radically different ends: Remigius Faesch, Baron von Boineburg, and Wendell Phillips. The article draws attention to the changes and continuities in reading and annotation patterns and offers preliminary insights into the themes that these influential readers focused on. We hope that it will inspire readers to bring further copies to our attention.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43998023","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 : 2022-09-13DOI: 10.1163/18760759-20220003
Camila Boisen
{"title":"Luke Glanville, Sharing Responsibility – The History and Future of Protection from Atrocities","authors":"Camila Boisen","doi":"10.1163/18760759-20220003","DOIUrl":"https://doi.org/10.1163/18760759-20220003","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48853840","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 : 2022-08-01DOI: 10.1163/18760759-20220001
David Armitage
{"title":"Francesca Iurlaro, The Invention of Custom: Natural Law and the Law of Nations, ca. 1550–1750","authors":"David Armitage","doi":"10.1163/18760759-20220001","DOIUrl":"https://doi.org/10.1163/18760759-20220001","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45666249","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 : 2022-08-01DOI: 10.1163/18760759-43010006
Lorenzo Gasbarri
In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.
{"title":"(Meta) Grotian Moment: International Organizations and the Rapid Formation of Customary International Law","authors":"Lorenzo Gasbarri","doi":"10.1163/18760759-43010006","DOIUrl":"https://doi.org/10.1163/18760759-43010006","url":null,"abstract":"\u0000In this paper, I first discuss the concept of ‘Grotian Moment’ in the context of the capacity of international organizations to contribute to the formation and identification of customary international law. Afterward, I apply three levels to discuss the time element of the formation of custom. At the micro-level of the institutional practice, the time required to form a customary norm may depend on whether each form of practice is directed to the institutional or to the international dimension. At the level of the organ, I reflect on the difference played by the presence or absence of member States in the institutional organ that adopts the practice relevant for custom formation. At the macro-level of the characteristics of the organization, I distinguish between so-called supranational and functional organizations. In general, I exclude the relevance of speaking in terms of a ‘Moment’ that produces a paradigm shift, and I stress the continuous change to which international law is subject.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46403400","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 : 2022-08-01DOI: 10.1163/18760759-43010004
Simona Ross, M. Somos
Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the proliferation of international anticorruption law following the Cold War. However, a Grotian Moment for a broadened understanding of corruption, based on other forms such as institutional, political, and grand corruption, ought to emerge to comprehensively address all forms of corruption. Given the range of challenges, including resistance from political elites and the indeterminacy of criminal liability, a Grotian Moment for a broadened concept of corruption remains improbable.
{"title":"Corruption in International Law: Illusions of a Grotian Moment","authors":"Simona Ross, M. Somos","doi":"10.1163/18760759-43010004","DOIUrl":"https://doi.org/10.1163/18760759-43010004","url":null,"abstract":"\u0000Has there already been a Grotian Moment for corruption? If not, what would it take for new legal rules and doctrines on corruption to crystallise? This article seeks to answer these two questions by reviewing the relevant history of international legal scholarship, the current public international law framework for anticorruption, and recent developments in international legal practice. We conclude that a Grotian Moment may have been reached for a narrow concept of corruption, focused on petty corruption and bribery, with the proliferation of international anticorruption law following the Cold War. However, a Grotian Moment for a broadened understanding of corruption, based on other forms such as institutional, political, and grand corruption, ought to emerge to comprehensively address all forms of corruption. Given the range of challenges, including resistance from political elites and the indeterminacy of criminal liability, a Grotian Moment for a broadened concept of corruption remains improbable.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47667582","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 : 2022-08-01DOI: 10.1163/18760759-43010005
Milan Tahraoui
Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far reaching transformative process are underway in international law within the context of datafication. These concern new forms of power and/or control over data flows, and data surveillance practices are an inherent feature of that power. I contend that although there is no accelerated process of customary international law formation regarding data surveillance activities, it may be that a prolonged, epochal, Grotian moment is taking place. To that end, I argue that data surveillance must be understood as one manifestation of a broader constellation of shifts, through which ‘developments that profoundly impact the logic of territory or/and the “logic of capital” without signalling the arrival of a new international order’ are arguably in the making.
{"title":"Data Surveillance Since the Snowden Revelations: A Grotian Moment in International Law?","authors":"Milan Tahraoui","doi":"10.1163/18760759-43010005","DOIUrl":"https://doi.org/10.1163/18760759-43010005","url":null,"abstract":"\u0000Mass data surveillance practices have received heightened attention in international law since the Snowden revelations of 2013. In this article, I examine whether that attention has given rise to a “Grotian moment” regarding the regulation of these activities under international law. At the outset, I answer that question in the negative and conclude that no general customary international law rules have emerged. Yet, that is not the end of the story. At a more fundamental and conceptual level, far reaching transformative process are underway in international law within the context of datafication. These concern new forms of power and/or control over data flows, and data surveillance practices are an inherent feature of that power. I contend that although there is no accelerated process of customary international law formation regarding data surveillance activities, it may be that a prolonged, epochal, Grotian moment is taking place. To that end, I argue that data surveillance must be understood as one manifestation of a broader constellation of shifts, through which ‘developments that profoundly impact the logic of territory or/and the “logic of capital” without signalling the arrival of a new international order’ are arguably in the making.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42006754","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 : 2022-08-01DOI: 10.1163/18760759-43010016
Edward Corredera Jones
{"title":"David M. Lantigua, Infidels and Empires in a New World Order: Early Modern Spanish Contributions to International Legal Thought","authors":"Edward Corredera Jones","doi":"10.1163/18760759-43010016","DOIUrl":"https://doi.org/10.1163/18760759-43010016","url":null,"abstract":"","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45407018","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 : 2022-08-01DOI: 10.1163/18760759-43010009
S. Bergjan
The Bewys van den waren Godsdienst and De veritate religionis Christianae originated against the background of Grotius’s familiarity with classical literature. To understand the innovative impact of these writings, the historical method applied must be considered. Grotius did not rely on authorities, but was compiling historical witnesses for the three religions. The availability and visibility of the witness reports are regularly referred to in the text. Thus, history and classical historians enter the picture. Interestingly, this cannot be separated from the debate about the methods to be used in geography, a matter that gains importance as the difference between Bewys and De veritate is nowhere as visible as in the geographical references. The generous sprinkling of place names from different continents contributes to the poem’s factual character. The place names in the Bewys derive from the Dutch sea trade and can be found in the travel reports of the time. This is elucidated by two examples: the island Waygat in the Artic, and the coast of Mina in the Gulf of Guinea. In De veritate, however, all such references are removed. In their stead appear examples from ancient topography, to be annotated in the 1640 edition with ample quotations from Pliny, Strabo, Josephus and others.
{"title":"Ancient Geographers and Modern Travelogues in the Early Seventeenth Century. The Difference between Hugo Grotius’s Bewys van den waren Godsdienst (1622) and De veritate religionis christianae (1627–40)","authors":"S. Bergjan","doi":"10.1163/18760759-43010009","DOIUrl":"https://doi.org/10.1163/18760759-43010009","url":null,"abstract":"\u0000The Bewys van den waren Godsdienst and De veritate religionis Christianae originated against the background of Grotius’s familiarity with classical literature. To understand the innovative impact of these writings, the historical method applied must be considered. Grotius did not rely on authorities, but was compiling historical witnesses for the three religions. The availability and visibility of the witness reports are regularly referred to in the text. Thus, history and classical historians enter the picture. Interestingly, this cannot be separated from the debate about the methods to be used in geography, a matter that gains importance as the difference between Bewys and De veritate is nowhere as visible as in the geographical references. The generous sprinkling of place names from different continents contributes to the poem’s factual character. The place names in the Bewys derive from the Dutch sea trade and can be found in the travel reports of the time. This is elucidated by two examples: the island Waygat in the Artic, and the coast of Mina in the Gulf of Guinea. In De veritate, however, all such references are removed. In their stead appear examples from ancient topography, to be annotated in the 1640 edition with ample quotations from Pliny, Strabo, Josephus and others.","PeriodicalId":42132,"journal":{"name":"Grotiana","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44804046","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 : 2022-08-01DOI: 10.1163/18760759-43010012
E. J. Corredera, Lara Muschel, M. Somos
Hugo Grotius’s best-known work, De iure belli ac pacis, appeared in 1625 in Paris with the author’s approval. A second unauthorised version was published in 1626 in Frankfurt. In 1631 the Amsterdam publisher, Willem Janszoon Blaeu (1571–1638), issued the third edition, this one authorised by the author – and this edition featured nearly a thousand revisions by Grotius. The purpose of this report is to analyse the context behind the publication of this third edition and the copies’ provenance records. Using online and card catalogues, we have located 154 copies. We examined 52 copies in person, and another three fully digitised copies online. We hope that this research note on preliminary results will generate greater interest in this unduly neglected edition, and that readers will kindly bring further copies to our attention.
Hugo Grotius最著名的作品，De iure belli ac pacis，于1625年在作者的批准下出现在巴黎。第二个未经授权的版本于1626年在法兰克福出版。1631年，阿姆斯特丹出版商Willem Janszoon Blaeu（1571–1638）发行了第三版，这一版由作者授权，Grotius对其进行了近千次修订。本报告的目的是分析第三版出版的背景和副本的出处记录。通过在线和卡片目录，我们找到了154份。我们亲自检查了52份副本，另外三份完全数字化的在线副本。我们希望，这份关于初步结果的研究报告将引起人们对这本被过度忽视的版本的更大兴趣，读者也会请我们注意更多的副本。
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