Pub Date : 2022-10-24DOI: 10.1163/15718050-bja10076
Adam Strobeyko
The analogy between the natural individual and the ‘person’ of the State has played an important role in the development of the law of nations. The early modern theorists of the law of nations have employed various anthropomorphic vocabularies in order to describe the State and to explain the functioning of international legal obligations. This article traces the role of anthropomorphic assumptions about the State in the writings of Hobbes, Pufendorf, Wolff and Vattel. It compares different conceptualizations of personhood of the State and traces the transition towards the view of the State as an autonomous subject of a distinct set of rights and duties under the law of nations. Finally, the article invites the audience in international law to re-examine our disciplinary conceptualizations of the person of the State as the subject of international legal obligations.
{"title":"The Person of the State: The Anthropomorphic Subject of the Law of Nations","authors":"Adam Strobeyko","doi":"10.1163/15718050-bja10076","DOIUrl":"https://doi.org/10.1163/15718050-bja10076","url":null,"abstract":"\u0000 The analogy between the natural individual and the ‘person’ of the State has played an important role in the development of the law of nations. The early modern theorists of the law of nations have employed various anthropomorphic vocabularies in order to describe the State and to explain the functioning of international legal obligations. This article traces the role of anthropomorphic assumptions about the State in the writings of Hobbes, Pufendorf, Wolff and Vattel. It compares different conceptualizations of personhood of the State and traces the transition towards the view of the State as an autonomous subject of a distinct set of rights and duties under the law of nations. Finally, the article invites the audience in international law to re-examine our disciplinary conceptualizations of the person of the State as the subject of international legal obligations.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"13 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87243568","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 : 2022-10-24DOI: 10.1163/15718050-bja10080
Marc de Wilde
The article examines a series of letters written by Hugo Grotius to East-Indian rulers on behalf of the Dutch East India Company (VOC). Drafts of these letters have been preserved at the Dutch National Archives. In his letters, Grotius developed several new ideas about alliances with non-Christians, which would later be included in his writings on natural law and the law of nations. He addressed the non-Christian rulers of the East Indies as sovereigns. He argued that the Dutch had a right to protect their non-Christian allies, even against other Christians, such as the Spaniards and Portuguese. Crucially, Grotius developed a justification for the VOC’s monopoly on the spice trade, which he defended as a just compensation for the expenses it had incurred in ‘liberating’ its East-Indian allies from Iberian ‘tyranny’. He thereby provided a legal framework for the VOC’s ‘informal empire’ in the East Indies.
{"title":"Allying with Unbelievers: Hugo Grotius’s Letters to East-Indian Rulers","authors":"Marc de Wilde","doi":"10.1163/15718050-bja10080","DOIUrl":"https://doi.org/10.1163/15718050-bja10080","url":null,"abstract":"\u0000 The article examines a series of letters written by Hugo Grotius to East-Indian rulers on behalf of the Dutch East India Company (VOC). Drafts of these letters have been preserved at the Dutch National Archives. In his letters, Grotius developed several new ideas about alliances with non-Christians, which would later be included in his writings on natural law and the law of nations. He addressed the non-Christian rulers of the East Indies as sovereigns. He argued that the Dutch had a right to protect their non-Christian allies, even against other Christians, such as the Spaniards and Portuguese. Crucially, Grotius developed a justification for the VOC’s monopoly on the spice trade, which he defended as a just compensation for the expenses it had incurred in ‘liberating’ its East-Indian allies from Iberian ‘tyranny’. He thereby provided a legal framework for the VOC’s ‘informal empire’ in the East Indies.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81617689","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 : 2022-08-24DOI: 10.1163/15718050-12340208
Sabina Ferhadbegović, Kerstin von Lingen, J. Eichenberg
{"title":"The United Nations War Crimes Commission (UNWCC), 1943–1948, and the Codification of International Criminal Law: An Introduction to the Special Issue","authors":"Sabina Ferhadbegović, Kerstin von Lingen, J. Eichenberg","doi":"10.1163/15718050-12340208","DOIUrl":"https://doi.org/10.1163/15718050-12340208","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"124 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85919272","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 : 2022-08-24DOI: 10.1163/15718050-12340211
Ville Kari
{"title":"Contingency in International Law: On the Possibility of Different Legal Histories, edited by Ingo Venzke and Kevin Jon Heller","authors":"Ville Kari","doi":"10.1163/15718050-12340211","DOIUrl":"https://doi.org/10.1163/15718050-12340211","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"8 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90772006","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 : 2022-08-24DOI: 10.1163/15718050-12340210
Negar Mansouri
{"title":"International Organization as Technocratic Utopia, written by Jens Steffek","authors":"Negar Mansouri","doi":"10.1163/15718050-12340210","DOIUrl":"https://doi.org/10.1163/15718050-12340210","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"12 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78259907","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 : 2022-08-24DOI: 10.1163/15718050-12340209
R. Grosescu
{"title":"Revolutions in International Law. The Legacies of 1917, edited by Katryn Greenman, Anne Orford, Anna Sounders and Ntina Tzouvala","authors":"R. Grosescu","doi":"10.1163/15718050-12340209","DOIUrl":"https://doi.org/10.1163/15718050-12340209","url":null,"abstract":"","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"144 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77577583","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 : 2022-07-27DOI: 10.1163/15718050-12340207
Damian Cueni, M. Queloz
Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions.
{"title":"Theorizing the Normative Significance of Critical Histories for International Law","authors":"Damian Cueni, M. Queloz","doi":"10.1163/15718050-12340207","DOIUrl":"https://doi.org/10.1163/15718050-12340207","url":null,"abstract":"\u0000Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"32 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73347122","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 : 2022-07-25DOI: 10.1163/15718050-bja10070
Ann-Sophie Schoepfel
Delving into world-spanning legal agencies, histories of exiled diplomats and lawyers, this paper explores how Free France defended at the United Nations War Crimes Commission the vision of the interwar liberal order, one that reached across the global territories of the mandate system administered by the League of Nations, into the colonial territories of the French empire. From London to Chongqing, facing Vichy collaborationist authoritarian dictatorship in metropolitan France and anti-colonial pressures from the turbulent colonial frontiers, a handful of Free French jurists and politicians worked day and night to establish the imperial sovereignty of the French exile committee of general Charles de Gaulle, and restore French republicanism rooted in the legal tradition of Nicolas Fouquet, Jacques de Maleville and Léon Duguit. Drawing upon newly-unsealed UN and French archival materials, this paper documents Free France’s intervention at the UNWCC, the activities of its representatives and reflection on empires, race and international law.
{"title":"The Imperial Precipice: Jurists and Diplomats of the French Empire at the United Nations War Crimes Commission","authors":"Ann-Sophie Schoepfel","doi":"10.1163/15718050-bja10070","DOIUrl":"https://doi.org/10.1163/15718050-bja10070","url":null,"abstract":"\u0000 Delving into world-spanning legal agencies, histories of exiled diplomats and lawyers, this paper explores how Free France defended at the United Nations War Crimes Commission the vision of the interwar liberal order, one that reached across the global territories of the mandate system administered by the League of Nations, into the colonial territories of the French empire. From London to Chongqing, facing Vichy collaborationist authoritarian dictatorship in metropolitan France and anti-colonial pressures from the turbulent colonial frontiers, a handful of Free French jurists and politicians worked day and night to establish the imperial sovereignty of the French exile committee of general Charles de Gaulle, and restore French republicanism rooted in the legal tradition of Nicolas Fouquet, Jacques de Maleville and Léon Duguit. Drawing upon newly-unsealed UN and French archival materials, this paper documents Free France’s intervention at the UNWCC, the activities of its representatives and reflection on empires, race and international law.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"33 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79069656","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 : 2022-07-25DOI: 10.1163/15718050-bja10078
R. Schütze
What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of the nineteenth century. The first is offered by Hegel whose conception of state law will make him the principal representative of the future deniers of an objective international law. The second reaction comes from the German Historical School, whose moral and legal understanding of the people(s) does – on the contrary – develop a positive conception of international law based on a ‘society’ of nations. How, and to what extent, were these two idealistic approaches reflected in the international law textbooks of the age? This article investigates this question and finds that it is unquestionably the Historical School that came to dominate international law thinking in the long nineteenth century – and that not just in Germany but also in Italy and Great Britain. The nineteenth century is thus decidedly, under the influence of Savigny and the Historical School, a metaphysical century centred on an intrinsic connection between morality and law.
{"title":"German Idealism after Kant: Nineteenth-Century Foundations of International Law","authors":"R. Schütze","doi":"10.1163/15718050-bja10078","DOIUrl":"https://doi.org/10.1163/15718050-bja10078","url":null,"abstract":"\u0000 What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of the nineteenth century. The first is offered by Hegel whose conception of state law will make him the principal representative of the future deniers of an objective international law. The second reaction comes from the German Historical School, whose moral and legal understanding of the people(s) does – on the contrary – develop a positive conception of international law based on a ‘society’ of nations. How, and to what extent, were these two idealistic approaches reflected in the international law textbooks of the age? This article investigates this question and finds that it is unquestionably the Historical School that came to dominate international law thinking in the long nineteenth century – and that not just in Germany but also in Italy and Great Britain. The nineteenth century is thus decidedly, under the influence of Savigny and the Historical School, a metaphysical century centred on an intrinsic connection between morality and law.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"04 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80120863","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 : 2022-07-25DOI: 10.1163/15718050-bja10079
Valentyna Polunina
During World War II, it was important for the Kremlin to be a part of the Allied effort to prosecute war criminals, and initially Moscow planned to join the UNWCC. However, attempts by the Soviet Union to increase its influence on the Commission led to the opposition of the Western Allies. The USSR wanted to demonstrate that they were capable of conducting their own investigations. With this task in mind, Moscow founded their alternative to the UNWCC – the Extraordinary State Commission. This article seeks to address the influence of Soviet legal innovations on the UNWCC – in particular on the Czechoslovak representative Bohuslav Ečer – as well as Moscow’s own attempts to investigate Nazi war crimes.
在第二次世界大战期间，克里姆林宫成为盟军起诉战犯努力的一部分是很重要的，最初莫斯科计划加入UNWCC。然而，苏联试图增加其对委员会的影响，导致西方盟国的反对。苏联想要证明他们有能力进行自己的调查。考虑到这一任务，莫斯科成立了他们对UNWCC的替代-特别国家委员会。本文试图探讨苏联的法律创新对UNWCC的影响，特别是对捷克斯洛伐克代表Bohuslav e er的影响，以及莫斯科自己调查纳粹战争罪行的尝试。
{"title":"The Absent Player: The Soviet Union and the Genesis of the Allied War Crimes Trials Program, 1941–1943","authors":"Valentyna Polunina","doi":"10.1163/15718050-bja10079","DOIUrl":"https://doi.org/10.1163/15718050-bja10079","url":null,"abstract":"\u0000 During World War II, it was important for the Kremlin to be a part of the Allied effort to prosecute war criminals, and initially Moscow planned to join the UNWCC. However, attempts by the Soviet Union to increase its influence on the Commission led to the opposition of the Western Allies. The USSR wanted to demonstrate that they were capable of conducting their own investigations. With this task in mind, Moscow founded their alternative to the UNWCC – the Extraordinary State Commission. This article seeks to address the influence of Soviet legal innovations on the UNWCC – in particular on the Czechoslovak representative Bohuslav Ečer – as well as Moscow’s own attempts to investigate Nazi war crimes.","PeriodicalId":43459,"journal":{"name":"JOURNAL OF THE HISTORY OF INTERNATIONAL LAW","volume":"91 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88996995","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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