War and Peace: Alberico Gentili and the Early Modern Law of Nations. Valentina Vadi. Legal History Library 37; Studies in the History of International Law 14. Leiden: Brill, 2020. xxvi + 566 pp. €160.

2021 ◽  
Vol 74 (4) ◽  
pp. 1311-1312
Author(s):  
Cristiano Ragni
2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.


Author(s):  
C. H. Alexandrowicz

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.


Author(s):  
Ignacio de la Rasilla

Summary This article examines the long-forgotten first book-length treatise on international law ever published by a woman in the history of international law. The first part places Concepción Arenal’s Ensayo sobre el Derecho de gentes (1879) in the historical context of the dawn of the international legal codification movement and the professionalisation of the academic study of international law. The second part surveys the scattered treatment that women as objects of international law and women’s individual contributions to international law received in international law histories up to the early twentieth century. It then draws many parallels between Arenal’s work and the influential resolutions of the first International Congress of Women in 1915 and surveys related developments during the interwar years. The conclusion highlights the need of readdressing the invisibility of women in international legal history.


Author(s):  
Lauren Benton

The study of legal pluralism in empires has far-reaching implications for comparative legal history, world history, the history of international law, and the study of global legal pluralism. This chapter highlights three insights developed within this perspective and discusses some promising future directions for research. The first insight flows from the observation that jurisdictional politics in empires played a formative role in structuring processes of conquest and colonization. The second involves the finding that patterns of legal pluralism in empires influenced foundational legal and political ideas, in particular concepts of rights and sovereignty. A third derives from the analytical move of placing imperial legal politics at the heart of histories of global ordering. This chapter reviews each of these facets of the analysis of legal pluralism in empires to identify some critical lessons for understandings of global legal pluralism.


1913 ◽  
Vol 7 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Charles G. Fenwick

There is no more significant commentary on the growth of international law, both in precision and in comprehensiveness, than an estimate of the relative authority of the name of Vattel in the world of international relations a century ago and in that of today. A century ago not even the name of Grotius himself was more potent in its influence upon questions relating to international law than that of Vattel. Vattel's treatise on the law of nations was quoted by judicial tribunals, in speeches before legislative assemblies, and in the decrees and correspondence of executive officials. It was the manual of the student, the reference work of the statesman, and the text from which the political philosopher drew inspiration. Publicists considered it sufficient to cite the authority of Vattel to justify and give conclusiveness and force to statements as to the proper conduct of a state in its international relations.At the present day the name and treatise of Vattel have both passed into the remoter field of the history of international law. It is safe to say that in no modern controversy over the existence and force of an alleged rule of international law would publicists seek to strengthen the position taken by them by quoting the authority of Vattel. As an exposition of the law of nations at a given period of its growth, the work can, it is true, lose nothing of its value, but in saying that it has thus won its place irrevocably among the classics of international law, we are merely repeating that it has lost its value as a treatise on the law of the present day.


Author(s):  
Rohani Abdul Rahim ◽  
Nor Anita Abdullah

The deliberate use of biological agents and the emergence of infectious diseases which can produce harm to human health and give effects to the public health and security are well recognised. A few years back, an attack of biological agents would be the most unthinkable situation to happen. However, the threat of bioterrorism is real and it is growing. It continues to be a major challenge today and the possibility of bioterrorism is undeniable as it is increasingly defined globally as ‘not if, but when’. Therefore, this paper attempts to give a brief explanation on the threat of bioterrorism as to the emergence of infectious diseases and the legal history of international law on bioterrorism. The main objective of this paper is to find out the need for bioterrorism law in Malaysian i.e. a legal approach. The study is a social legal research, which uses a qualitative approach. Thus, due to lack of materials and publications in Malaysia, in order to achieve the objectives, the methodology used was based on a semi structured interviews conducted with three respected experts in public health and security to explore the real situation in Malaysia. The authors found out that the finding of this study had established that an outbreak of infectious diseases can now be viewed as a threat that may result to bioterrorism if there is no preparation to handle it. Keywords: Bioterrorism, biological agents, infectious diseases, legal and preparedness


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