The Acquisition of Territory in International Law has been an indispensable work in the field for 60 years. It remains so, if for shifting reasons. Robert Jennings’ treatment of the applicable law is so succinct, and his bald statements of fact as to the nature of international law so unapologetic, that the text will invariably reward close re-reading by international lawyers of all persuasions. Acquisition of Territory goes far beyond its apparent brief of summarizing the relevant lex lata and offering an expert opinion on key issues of lex ferenda. Viewed from the right light, the work is a prism that refracts the world of early 1960s international law. Jennings deftly sidesteps and postpones fundamental questions of anti-colonial justice that some would have expected to be addressed in a lecture series on the acquisition of territory given in December 1962. The reading down of global anti-colonial movements to a ‘policy question’ beyond the strict concerns of jurists says much of the culture of British international law in the early 1960s. Jennings uses law to relegate calls for colonizing powers to be held to account to some future time, in some differently constituted international system. Amongst his kind, then and now, he is hardly alone.
{"title":"'That Little Book': R.Y. Jennings, The Acquisition of Territory in International Law","authors":"Cait Storr","doi":"10.1093/ejil/chad011","DOIUrl":"https://doi.org/10.1093/ejil/chad011","url":null,"abstract":"\u0000 The Acquisition of Territory in International Law has been an indispensable work in the field for 60 years. It remains so, if for shifting reasons. Robert Jennings’ treatment of the applicable law is so succinct, and his bald statements of fact as to the nature of international law so unapologetic, that the text will invariably reward close re-reading by international lawyers of all persuasions. Acquisition of Territory goes far beyond its apparent brief of summarizing the relevant lex lata and offering an expert opinion on key issues of lex ferenda. Viewed from the right light, the work is a prism that refracts the world of early 1960s international law. Jennings deftly sidesteps and postpones fundamental questions of anti-colonial justice that some would have expected to be addressed in a lecture series on the acquisition of territory given in December 1962. The reading down of global anti-colonial movements to a ‘policy question’ beyond the strict concerns of jurists says much of the culture of British international law in the early 1960s. Jennings uses law to relegate calls for colonizing powers to be held to account to some future time, in some differently constituted international system. Amongst his kind, then and now, he is hardly alone.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47160137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article examines the work of Mexican diplomat and jurist Jorge Castañeda as an insight into the trajectory of international legal thought in the semi-periphery on international organizations. It argues that Castañeda adopted a distinct approach to international organizations law that foregrounds power asymmetries. The article considers three interventions made by Castañeda that express this semi-peripheral approach and have lasting relevance. First, it shows how, by focusing on the interests of small powers, Castañeda’s work in the 1950s departed from functionalist optimism and stressed the tension between rule by international organizations and domestic rule, emphasizing the centrality of the reserved domain and drawing lessons for strategic legal engagement for small powers. Second, this article studies how Castañeda’s concern for the cause of small powers shaped his views on regionalism, grounding his critique of Pan-Americanism and his vindication of the United Nations (UN) to attenuate the perils of regionalism. Third, this article retrieves Castañeda’s defence of the UN General Assembly as a platform for international law-making, contextualizes it within the rise of decolonization and explores the implications for his earlier sceptical views about the expansion of UN powers. The article concludes by highlighting the significance of the thought of semi-peripheral jurists for any efforts aimed at re-theorizing international organizations.
{"title":"Small Powers, International Organizations and the Role of Law: Jorge Castañeda’s Views from Mexico","authors":"Francisco Quintana","doi":"10.1093/ejil/chad028","DOIUrl":"https://doi.org/10.1093/ejil/chad028","url":null,"abstract":"\u0000 This article examines the work of Mexican diplomat and jurist Jorge Castañeda as an insight into the trajectory of international legal thought in the semi-periphery on international organizations. It argues that Castañeda adopted a distinct approach to international organizations law that foregrounds power asymmetries. The article considers three interventions made by Castañeda that express this semi-peripheral approach and have lasting relevance. First, it shows how, by focusing on the interests of small powers, Castañeda’s work in the 1950s departed from functionalist optimism and stressed the tension between rule by international organizations and domestic rule, emphasizing the centrality of the reserved domain and drawing lessons for strategic legal engagement for small powers. Second, this article studies how Castañeda’s concern for the cause of small powers shaped his views on regionalism, grounding his critique of Pan-Americanism and his vindication of the United Nations (UN) to attenuate the perils of regionalism. Third, this article retrieves Castañeda’s defence of the UN General Assembly as a platform for international law-making, contextualizes it within the rise of decolonization and explores the implications for his earlier sceptical views about the expansion of UN powers. The article concludes by highlighting the significance of the thought of semi-peripheral jurists for any efforts aimed at re-theorizing international organizations.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47698504","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial: ChatGPT and Law Exams; On My Way In IV: ‘Aren’t You Exclusive?!’ On the Pros and Cons of Writing Letters of Reference for Only One Candidate in an Academic Hiring Process; In This Issue; In This Issue – Reviews","authors":"","doi":"10.1093/ejil/chad029","DOIUrl":"https://doi.org/10.1093/ejil/chad029","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46874645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article uses Samuel Kwadwo Boaten Asante’s career at the United Nations Centre on Transnational Corporations (UNCTC) as a prism for examining the place of Third World Approaches to International Law within mainstream international organizations (IO) law. By focusing on his role as chief legal adviser, director and highest-ranking legal civil servant at the UNCTC during the heydays of the New International Economic Order (NIEO), it uncovers a less-examined international institution and the dilemmas faced by the Third World international legal civil servant. By examining Asante’s intellectual history and publications during the operational years of the UNCTC, it identifies three main under-explored typologies of Third World approaches to IO law. It argues that the low visibility of Third World approaches within mainstream IO law is closely linked to the failures of the NIEO movement, the abolition of the UNCTC, which symbolized the non-realization of aspirations to codify the principles of the NIEO through IOs, and minimal engagement by IO law scholars with Third World problems. This article argues that, even though the UNCTC ceased to exist in 1992, it created a lasting legacy through its advisory services, which forms part of IO law history.
{"title":"Samuel Kwadwo Boaten Asante and the United Nations Centre on Transnational Corporations (1975–1992)","authors":"Kehinde Folake Olaoye","doi":"10.1093/ejil/chad025","DOIUrl":"https://doi.org/10.1093/ejil/chad025","url":null,"abstract":"\u0000 This article uses Samuel Kwadwo Boaten Asante’s career at the United Nations Centre on Transnational Corporations (UNCTC) as a prism for examining the place of Third World Approaches to International Law within mainstream international organizations (IO) law. By focusing on his role as chief legal adviser, director and highest-ranking legal civil servant at the UNCTC during the heydays of the New International Economic Order (NIEO), it uncovers a less-examined international institution and the dilemmas faced by the Third World international legal civil servant. By examining Asante’s intellectual history and publications during the operational years of the UNCTC, it identifies three main under-explored typologies of Third World approaches to IO law. It argues that the low visibility of Third World approaches within mainstream IO law is closely linked to the failures of the NIEO movement, the abolition of the UNCTC, which symbolized the non-realization of aspirations to codify the principles of the NIEO through IOs, and minimal engagement by IO law scholars with Third World problems. This article argues that, even though the UNCTC ceased to exist in 1992, it created a lasting legacy through its advisory services, which forms part of IO law history.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43705781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the fundamental Palestinian claims of self-determination and return. But is this trade-off acceptable today? Comparable dilemmas animate other large-scale displacements, but scholars seldom discuss their full implications for international legal theory. Rather than providing a definite answer to the question, this article maps out four major aspects of how individual protection and self-determination are interrelated, or, indeed, bifurcated, in international law. The new Palestinian refugees are important to consider not only because their continued displacement is foreseeable but also because their exceptional plight invites a reconsideration of the political foundations of refugee law. How can policy makers and legal interpreters uphold principles of both individual and collective protection, preventing the two from cutting against each other?
{"title":"Between Asylum and Liberation: The New Palestinian Refugees","authors":"Itamar Mann","doi":"10.1093/ejil/chad030","DOIUrl":"https://doi.org/10.1093/ejil/chad030","url":null,"abstract":"\u0000 Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the fundamental Palestinian claims of self-determination and return. But is this trade-off acceptable today? Comparable dilemmas animate other large-scale displacements, but scholars seldom discuss their full implications for international legal theory. Rather than providing a definite answer to the question, this article maps out four major aspects of how individual protection and self-determination are interrelated, or, indeed, bifurcated, in international law. The new Palestinian refugees are important to consider not only because their continued displacement is foreseeable but also because their exceptional plight invites a reconsideration of the political foundations of refugee law. How can policy makers and legal interpreters uphold principles of both individual and collective protection, preventing the two from cutting against each other?","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48687187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Roaming Charges Moments of Dignity: Washington Square, NYC","authors":"","doi":"10.1093/ejil/chad021","DOIUrl":"https://doi.org/10.1093/ejil/chad021","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48541508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Aggressor state A occupies territory belonging to victim state V. After decades, V decides to go to war to recover its territory, although hostilities have long subsided. Are such ‘wars of recovery’ lawful under international law? Should they be? Recent conflicts have generated a heated scholarly debate on this question, which has ended in stark disagreement. A permissive approach argues that wars of recovery are lawful instances of self-defence, while a restrictive view claims that situations of prolonged occupation are territorial disputes that should be settled peacefully. This article uncovers the theoretical premises that underlie both approaches. As it shows, the dilemma reflects a larger tension within the contemporary international law on the use of force – mainly, between its traditional focus on state rights such as territory and sovereignty and a competing view that seeks to place individual rights at the core of the legal regime. As the article shows, deciding on the question of wars of recovery requires making commitments in four normative spheres: instrumentally, it requires considering questions of international stability, and, non-instrumentally, it requires considering questions of justice as well as possible justifications for killing and sacrifice. These considerations, however, result in instability owing, among other factors, to the fluctuating effects of the passage of time, which follow our normative assumptions about the legal order. Ultimately, the article suggests that those engaging in debate on wars of recovery make explicit their normative assumptions on the ends of jus ad bellum and that, in any case, even if wars of recovery would be deemed legal, they would still remain heavily contestable owing to strong competing reasons against them.
{"title":"Wars of Recovery","authors":"E. Lieblich","doi":"10.1093/ejil/chad026","DOIUrl":"https://doi.org/10.1093/ejil/chad026","url":null,"abstract":"\u0000 Aggressor state A occupies territory belonging to victim state V. After decades, V decides to go to war to recover its territory, although hostilities have long subsided. Are such ‘wars of recovery’ lawful under international law? Should they be? Recent conflicts have generated a heated scholarly debate on this question, which has ended in stark disagreement. A permissive approach argues that wars of recovery are lawful instances of self-defence, while a restrictive view claims that situations of prolonged occupation are territorial disputes that should be settled peacefully. This article uncovers the theoretical premises that underlie both approaches. As it shows, the dilemma reflects a larger tension within the contemporary international law on the use of force – mainly, between its traditional focus on state rights such as territory and sovereignty and a competing view that seeks to place individual rights at the core of the legal regime. As the article shows, deciding on the question of wars of recovery requires making commitments in four normative spheres: instrumentally, it requires considering questions of international stability, and, non-instrumentally, it requires considering questions of justice as well as possible justifications for killing and sacrifice. These considerations, however, result in instability owing, among other factors, to the fluctuating effects of the passage of time, which follow our normative assumptions about the legal order. Ultimately, the article suggests that those engaging in debate on wars of recovery make explicit their normative assumptions on the ends of jus ad bellum and that, in any case, even if wars of recovery would be deemed legal, they would still remain heavily contestable owing to strong competing reasons against them.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41824235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article studies lobbying efforts by the actors that investment treaties protect – namely, foreign investors. It uses a legal-historical approach to analyse the activities of the International Association for the Promotion and Protection of Private Foreign Investments (Association internationale pour la promotion et la protection des investissements privés en territoires étrangers or APPI), a transnational business interest association that lobbied for better protection of private foreign investment under international law. The article considers the role of this group in lobbying for three multilateral investment treaties (an investment code, investor-state arbitration and investment insurance) during the 1950s and 1960s, using unexplored archival sources. The article makes three substantive contributions to the literature. First, it shows that the key actors involved in APPI were a transnational advocacy network of businessmen and lawyers at multinational companies, mainly in the oil and banking sector. Second, it shows how these two types of actors (businessmen and lawyers) acted symbiotically. The businessmen provided access to policy-makers and introduced company lawyers into the policy-making cycle. The company lawyers provided expertise and specific legal texts with which civil servants could work. Third, it argues that, despite the group members’ common goal to improve foreign investment security, competing individual initiatives and institutional competition, next to state preferences, often impeded more effective lobbying.
{"title":"Foreign Investors of the World, Unite! The International Association for the Promotion and Protection of Private Foreign Investments (APPI) 1958–1968","authors":"Filip Batselé","doi":"10.1093/ejil/chad017","DOIUrl":"https://doi.org/10.1093/ejil/chad017","url":null,"abstract":"\u0000 This article studies lobbying efforts by the actors that investment treaties protect – namely, foreign investors. It uses a legal-historical approach to analyse the activities of the International Association for the Promotion and Protection of Private Foreign Investments (Association internationale pour la promotion et la protection des investissements privés en territoires étrangers or APPI), a transnational business interest association that lobbied for better protection of private foreign investment under international law. The article considers the role of this group in lobbying for three multilateral investment treaties (an investment code, investor-state arbitration and investment insurance) during the 1950s and 1960s, using unexplored archival sources. The article makes three substantive contributions to the literature. First, it shows that the key actors involved in APPI were a transnational advocacy network of businessmen and lawyers at multinational companies, mainly in the oil and banking sector. Second, it shows how these two types of actors (businessmen and lawyers) acted symbiotically. The businessmen provided access to policy-makers and introduced company lawyers into the policy-making cycle. The company lawyers provided expertise and specific legal texts with which civil servants could work. Third, it argues that, despite the group members’ common goal to improve foreign investment security, competing individual initiatives and institutional competition, next to state preferences, often impeded more effective lobbying.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41619065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dana Schmalz, Review of Liv Feijen, The Evolution of Humanitarian Protection in European Law and Practice","authors":"Dana Schmalz","doi":"10.1093/ejil/chad032","DOIUrl":"https://doi.org/10.1093/ejil/chad032","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48122237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Douglas Guilfoyle, Review of Ian Urbina, The Outlaw Ocean: Crime and Survival in the Last Untamed Frontier","authors":"D. Guilfoyle","doi":"10.1093/ejil/chad019","DOIUrl":"https://doi.org/10.1093/ejil/chad019","url":null,"abstract":"","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48319167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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