Pub Date : 2023-04-05DOI: 10.1163/15718050-12340220
W. Decock
{"title":"Theme: ‘Theology and the Justification of Sovereignty and Property’, written by Martti Koskenniemi","authors":"W. Decock","doi":"10.1163/15718050-12340220","DOIUrl":"https://doi.org/10.1163/15718050-12340220","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44144774","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 : 2023-04-05DOI: 10.1163/15718050-12340219
J. Pitts
{"title":"Theme: ‘The Struggle between Statehood and Civil Society’, written by Martti Koskenniemi","authors":"J. Pitts","doi":"10.1163/15718050-12340219","DOIUrl":"https://doi.org/10.1163/15718050-12340219","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48932165","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 : 2023-04-05DOI: 10.1163/15718050-02501000
{"title":"Front matter","authors":"","doi":"10.1163/15718050-02501000","DOIUrl":"https://doi.org/10.1163/15718050-02501000","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136005214","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 : 2023-04-05DOI: 10.1163/15718050-12340218
K. Stapelbroek
{"title":"Theme: ‘Commerce, Capitalism and the Law of Nations’, written by Martti Koskenniemi","authors":"K. Stapelbroek","doi":"10.1163/15718050-12340218","DOIUrl":"https://doi.org/10.1163/15718050-12340218","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49286988","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 : 2023-02-02DOI: 10.1163/15718050-bja10084
J. Giltaij
As early as the 1930s, the development of plans for an international legal order to be created in the aftermath of the Second World War were commonplace. This particularly concerned a group of refugee scholars hailing from the German-speaking academic world. The plans of three scholars that were personally affected by the Nazi regime are discussed, those of Hans Kelsen, Hersch Lauterpacht and Charles De Visscher. This contribution compares the plans of the three scholars as formulated in the period between 1934 and 1947, as well as the historical narratives at their core, and ventures to answer the question whether these narratives should be seen as ‘invented traditions’ or that the scholars perceive them as significant and crucial stages of development at the basis of their plans for a post-War international legal order.
{"title":"Planning for the Aftermath. Longue Durée Histories for a New International Legal Order in Kelsen, Lauterpacht and De Visscher","authors":"J. Giltaij","doi":"10.1163/15718050-bja10084","DOIUrl":"https://doi.org/10.1163/15718050-bja10084","url":null,"abstract":"\u0000As early as the 1930s, the development of plans for an international legal order to be created in the aftermath of the Second World War were commonplace. This particularly concerned a group of refugee scholars hailing from the German-speaking academic world. The plans of three scholars that were personally affected by the Nazi regime are discussed, those of Hans Kelsen, Hersch Lauterpacht and Charles De Visscher. This contribution compares the plans of the three scholars as formulated in the period between 1934 and 1947, as well as the historical narratives at their core, and ventures to answer the question whether these narratives should be seen as ‘invented traditions’ or that the scholars perceive them as significant and crucial stages of development at the basis of their plans for a post-War international legal order.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"12 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75337626","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 : 2023-02-01DOI: 10.1163/15718050-bja10081
Christopher Szabla
What was the relationship between international law and colonial warfare in the period of both increasingly formal imperialism and international law’s professionalisation and codification in the nineteenth-century’s second half? Existing work may lead to assumptions that international law would not be seen to apply to colonial wars, or served to justify them alone. This article turns away from previous focuses on the intellectual history of international law, prescriptive sources such as military manuals, and approaches extending from criminal law and colonial policing to demonstrate how and why imperial officials, politicians, and activists believed international law applied to colonial wars. Examining the British Empire, it shows how arguments about the use of international law in this period initially varied in the service of imperial interests, how and why public activism increasingly encouraged a more consistent approach – and discusses implications for the history and present of the law of armed conflict.
{"title":"Civilising Violence: International Law and Colonial War in the British Empire, 1850–1900","authors":"Christopher Szabla","doi":"10.1163/15718050-bja10081","DOIUrl":"https://doi.org/10.1163/15718050-bja10081","url":null,"abstract":"\u0000What was the relationship between international law and colonial warfare in the period of both increasingly formal imperialism and international law’s professionalisation and codification in the nineteenth-century’s second half? Existing work may lead to assumptions that international law would not be seen to apply to colonial wars, or served to justify them alone. This article turns away from previous focuses on the intellectual history of international law, prescriptive sources such as military manuals, and approaches extending from criminal law and colonial policing to demonstrate how and why imperial officials, politicians, and activists believed international law applied to colonial wars. Examining the British Empire, it shows how arguments about the use of international law in this period initially varied in the service of imperial interests, how and why public activism increasingly encouraged a more consistent approach – and discusses implications for the history and present of the law of armed conflict.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"22 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81714605","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 : 2022-12-23DOI: 10.1163/15718050-12340216
R. Wilde
The Palestinian people seek a reckoning for the failure of the UK to enable their self- determination during the League of Nations Mandate period and in 1948. The common view of international lawyers is that the law of self-determination only became applicable to colonial peoples in the second half of the 20th Century. Consequently, the UK, and the League Council, had a free hand on the question of the status of the Palestine Mandate. This is mistaken. The special clause of the League Covenant applicable to Palestine, providing for provisional independence, could not be lawfully bypassed. The UK’s failure to comply with this was a violation of international law with ongoing consequences, thereby serving as a basis for contemporary accountability. This case study reveals the existence and potential of legal avenues for colonial reparations rooted in not generally-applicable legal norms but sui generis rules specific to the case at hand.
{"title":"Tears of the Olive Trees: Mandatory Palestine, the UK, and Reparations for Colonialism in International Law","authors":"R. Wilde","doi":"10.1163/15718050-12340216","DOIUrl":"https://doi.org/10.1163/15718050-12340216","url":null,"abstract":"\u0000The Palestinian people seek a reckoning for the failure of the UK to enable their self- determination during the League of Nations Mandate period and in 1948. The common view of international lawyers is that the law of self-determination only became applicable to colonial peoples in the second half of the 20th Century. Consequently, the UK, and the League Council, had a free hand on the question of the status of the Palestine Mandate. This is mistaken. The special clause of the League Covenant applicable to Palestine, providing for provisional independence, could not be lawfully bypassed. The UK’s failure to comply with this was a violation of international law with ongoing consequences, thereby serving as a basis for contemporary accountability. This case study reveals the existence and potential of legal avenues for colonial reparations rooted in not generally-applicable legal norms but sui generis rules specific to the case at hand.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"93 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72778749","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 : 2022-12-14DOI: 10.1163/15718050-12340213
H. Askari
{"title":"The Economic Weapon: The Rise of Sanctions as a Tool of Modern War, written by Nicholas Mulder","authors":"H. Askari","doi":"10.1163/15718050-12340213","DOIUrl":"https://doi.org/10.1163/15718050-12340213","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"32 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86720936","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 : 2022-12-14DOI: 10.1163/15718050-12340212
D. Quiroga-Villamarín
{"title":"Worldmaking after Empire: The Rise and Fall of Self-Determination, written by Adom Getachew","authors":"D. Quiroga-Villamarín","doi":"10.1163/15718050-12340212","DOIUrl":"https://doi.org/10.1163/15718050-12340212","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"145 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89075085","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 : 2022-11-28DOI: 10.1163/15718050-12340214
Lys Kulamadayil
This article highlights the marks left on international law by Iran’s and Algeria’s early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the frequently cited non-consequentialism of key moments in Third World Internationalism, such as Bandung and the NIEO to the significance of these domestic and transnational processes. While so doing, it is careful to point to the extraordinary bargaining power given to petro-states by the fossil-fuel dependent global economy, which elevated their influence in global affairs over that of other states in the Global South.
{"title":"Petro-States’ Shaping of International Law","authors":"Lys Kulamadayil","doi":"10.1163/15718050-12340214","DOIUrl":"https://doi.org/10.1163/15718050-12340214","url":null,"abstract":"\u0000 This article highlights the marks left on international law by Iran’s and Algeria’s early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the frequently cited non-consequentialism of key moments in Third World Internationalism, such as Bandung and the NIEO to the significance of these domestic and transnational processes. While so doing, it is careful to point to the extraordinary bargaining power given to petro-states by the fossil-fuel dependent global economy, which elevated their influence in global affairs over that of other states in the Global South.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86508997","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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