Pub Date : 2022-08-01DOI: 10.1163/18760759-43010007
M. Sterio
Grotian Moments are instances of accelerated formation of customary law, sparked by significant world events, such as wars, terrorism attacks, developments in technology, or natural catastrophes. This article will apply the Grotian Moment theory to the legal criteria of statehood, in an attempt to assess whether an evolution in specific elements of statehood has resulted in such paradigm-shifting Grotian Moments. In particular, this article will argue that the evolving political nature of our world order has contributed toward the need to re-conceptualize the legal theory of statehood. This article will thus posit that this constitutes a so-called Grotian Moment 2: a period of time when significant contestation of prevailing international legal norms and institutions occurs, and when novel thinking, norms and institutions attempt to replace elements of the old but may not succeed in doing so. This article posits that developments in the legal theory of statehood may be best described as Grotian Moment 2 although various historical and political developments have reshaped our contemporaneous conception of statehood, it may be argued that international law itself has neither contributed to the evolution of a new legal theory of statehood nor changed its own norms.
Grotian Moments是由战争、恐怖主义袭击、技术发展或自然灾害等重大世界事件引发的习惯法加速形成的例子。本文将把Grotian Moments理论应用于国家地位的法律标准，试图评估国家地位特定要素的演变是否导致了这种范式的转变Grotian Moments。特别是，本文将认为，我们世界秩序不断演变的政治性质有助于重新概念化国家法律理论。因此，本文将假设这构成了所谓的Grotian Moment 2：在这段时间里，主流国际法律规范和制度发生了重大争论，新的思维、规范和制度试图取代旧的要素，但可能无法成功。本文认为，国家法律理论的发展可以最好地描述为Grotian Moment 2。尽管各种历史和政治发展重塑了我们同时代的国家概念，但可以说，国际法本身既没有促进新的国家法律理论，也没有改变其自身的规范。
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Pub Date : 2022-08-01DOI: 10.1163/18760759-43010010
E. J. Corredera, F. Iurlaro, Lara Muschel, M. Somos
This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of the typescript, the sources that Grotius had access to in France while drafting the book, and the early circulation of the 1625 edition, published by Nicolas Buon in Paris. The goal of this publication is to disseminate updated information on the printing history of this key text in the history of legal and political thought, and to invite readers to come forward with more information about the location of the remaining copies of the text, in order to advance our understanding of the rise of international law around the world.
本文提供了关于第一版文本出版历史的新信息，根据许多学者的说法，第一版文本为国际法的发展奠定了基础:雨果·格劳秀斯(Hugo Grotius)的De iure belli ac pacis。根据由德国研究基金会(Deutsche Forschungsgemeinschaft)资助的马克斯普朗克比较公法和国际法研究所格劳修斯普查项目的初步调查结果，以下几页阐明了原稿的前三种状态，格劳修斯在法国起草本书时获得的来源，以及1625年版本的早期流通，由尼古拉斯布恩在巴黎出版。本出版物的目的是传播关于这一法律和政治思想史上关键文本的印刷历史的最新信息，并邀请读者提供更多关于文本剩余副本位置的信息，以促进我们对国际法在世界各地兴起的理解。
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Pub Date : 2022-08-01DOI: 10.1163/18760759-43010015
F. Iurlaro
{"title":"Tarik Kochi, Global Justice and Social Conflict: The Foundations of Liberal Order and International Law","authors":"F. Iurlaro","doi":"10.1163/18760759-43010015","DOIUrl":"https://doi.org/10.1163/18760759-43010015","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":"44400437","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: 10.1163/18760759-43010011
E. J. Corredera, Lara Muschel, M. Somos
The first edition of Hugo Grotius’s De iure belli ac pacis was published in Paris by Nicolas Buon in 1625. An unauthorised second edition appeared in Frankfurt a year later, from the reputable Wechel press. After Grotius made hundreds of changes to the first and second states of the first edition, and failed to convince the publisher Nicolas Buon of the merits of printing yet another edition of the book, the Wechels’s release of a new edition sought to capitalise on the high demand for the text, as copies had sold out in Central Europe by the summer of 1625. In this preliminary report on the 1626 edition, using online and card catalogues, we have located 59 surviving copies. We examined thirteen copies in person, and another three fully digitised copies online, and on the basis of this small sample we have been able to draw a number of conclusions. We hope that this research note on preliminary results will generate interest in this unduly neglected edition, and that readers will kindly bring further copies to our attention.
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Pub Date : 2022-08-01DOI: 10.1163/22144417-09010003
P. Haggenmacher
{"title":"The Cambridge Companion to Hugo Grotius, ed. by Randall Lesaffer and Janne Nijman","authors":"P. Haggenmacher","doi":"10.1163/22144417-09010003","DOIUrl":"https://doi.org/10.1163/22144417-09010003","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":"43062799","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: 10.1163/18760759-43010008
T. Sparks
Self-determination is one of international law’s most reviled and yet most important principles. The legal development of self-determination – or specific forms thereof – as a customary norm of international law has been shaped and spurred by key moments. These include the American and French declarations of 1776 and 1789, the conclusion of the UN Charter, and the General Assembly’s resolution 1514 (xv) in 1960. This article analyses whether, in characterising the effect of such moments, the label ‘Grotian’ moment adds meaningfully to the analysis. It concludes that the example of self-determination suggests that the ‘Grotian’ moment concept is not meaningfully illuminating; tending either to reduce to a slight of hand in favour of the so-called ‘Great Powers’, or alternatively to pathologise developments that would be amenable to standard forms of customary legal analysis.
{"title":"Grotian Moments in the Law of Self-Determination: Law, Rhetoric, and Reality","authors":"T. Sparks","doi":"10.1163/18760759-43010008","DOIUrl":"https://doi.org/10.1163/18760759-43010008","url":null,"abstract":"\u0000Self-determination is one of international law’s most reviled and yet most important principles. The legal development of self-determination – or specific forms thereof – as a customary norm of international law has been shaped and spurred by key moments. These include the American and French declarations of 1776 and 1789, the conclusion of the UN Charter, and the General Assembly’s resolution 1514 (xv) in 1960. This article analyses whether, in characterising the effect of such moments, the label ‘Grotian’ moment adds meaningfully to the analysis. It concludes that the example of self-determination suggests that the ‘Grotian’ moment concept is not meaningfully illuminating; tending either to reduce to a slight of hand in favour of the so-called ‘Great Powers’, or alternatively to pathologise developments that would be amenable to standard forms of customary legal analysis.","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":"44250882","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: 10.1163/18760759-43010003
Inger Österdahl
This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to address. It turns out that the interpretation by the Security Council of the UN Charter has been remarkably flexible, expanding the scope of action of the Council considerably. Whether its interpretation of the UN Charter also deserves to be labelled ‘Grotian’, however, is rather a matter of rhetoric than law.
{"title":"Expanding Universe: Grotian Moments in the Practice of the UN Security Council","authors":"Inger Österdahl","doi":"10.1163/18760759-43010003","DOIUrl":"https://doi.org/10.1163/18760759-43010003","url":null,"abstract":"\u0000This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to address. It turns out that the interpretation by the Security Council of the UN Charter has been remarkably flexible, expanding the scope of action of the Council considerably. Whether its interpretation of the UN Charter also deserves to be labelled ‘Grotian’, however, is rather a matter of rhetoric than law.","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":"49414166","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: 10.1163/18760759-43010013
A. Clerici
{"title":"Valentina Vadi, War and Peace. Alberico Gentili and the Early Modern Law of Nations","authors":"A. Clerici","doi":"10.1163/18760759-43010013","DOIUrl":"https://doi.org/10.1163/18760759-43010013","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":"47427401","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: 10.1163/18760759-43010017
Emile Simpson
{"title":"Pablo Kalmanovitz, The Laws of War in International Thought","authors":"Emile Simpson","doi":"10.1163/18760759-43010017","DOIUrl":"https://doi.org/10.1163/18760759-43010017","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":"43187410","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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