Part I Histories, Ch.6 The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory

2016 ◽  
Author(s):  
Özsu Umut
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Legal Theory ◽  
The Other ◽  
State Institutions ◽  
The One ◽  
Intellectual Production

This chapter argues that it was partly through engagement with the Ottoman Empire, particularly its tradition of extraterritorial consular jurisdiction, that nineteenth-century European and American jurists came to view China, Japan, and a number of other states as ‘semi-civilized’, setting them against ‘civilized’ states on the one hand and ‘savage’ peoples on the other. These states on the ‘semi-periphery’ exercise a greater degree of agency in international law, given their closeness to dominant centers of economic and intellectual production that had come under their influence, as well as their possession of national traditions and state institutions resilient enough to resist formal colonization. These traits are especially evident in the case of the Ottoman Empire, a powerful state that made a point of modifying its profile for different audiences.

The Rhetoric of Fragmentation: Fear and Faith in International Law

2009 ◽  
Vol 22 (1) ◽  
pp. 1-28 ◽  
Author(s):  
ANNE-CHARLOTTE MARTINEAU
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Historical Perspective ◽  
Legal Discourse ◽  
The Other ◽  
Current Debate ◽  
Critical View ◽  
Political Implications ◽  
The One ◽  
Fragmentation Of International Law

AbstractOver the last decade international lawyers have been increasingly concerned with the ‘fragmentation’ of international law. However, given that this expression has been repeatedly used by the profession since the mid-nineteenth century to depict the state of international law, one may wonder about its recent revival in the international legal discourse. Why has it re-emerged? What can we learn from previous invocations? An answer may be sought by contextualizing the fragmentation debate in a historical perspective. This brings out the repetitive and relatively stylized modes in which the profession has narrated legal developments. This essay suggests a correlation between periods of crisis in general and a critical view of fragmentation on the one hand, and periods of scholarly enthusiasm and the prevalence of positive views about fragmentation on the other. This analysis sheds critical light on both the implicit assumptions and political implications of the current debate on fragmentation.

scholarly journals The Politics of International Law and the Perils and Promises of Interdisciplinarity

2013 ◽  
Vol 26 (3) ◽  
pp. 503-508 ◽  
Author(s):  
TANJA E. AALBERTS
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Theory ◽  
The Other ◽  
Other Hand ◽  
Plural Identity ◽  
Theory Section ◽  
The One ◽  
Academic Debate

In the previous editorial, Larissa van den Herik and Jean d'Aspremont referred to LJIL's ‘special plural identity’. On the one hand, this plurality shows in its table of contents; on the other hand, the plural identity is equally – if not even more – treasured in terms of appreciating the plurality of voices within the legal discipline, as the editors-in-chief also highlight. Diversity and heterogeneity are an asset for academic debate, and LJIL as such seeks to provide a forum for scholars from different ‘paradigms’. The appreciation of diversity and plurality is also reflected in the interest of LJIL to look beyond the confines of the legal discipline itself and engage with external perspectives to foster discussions about international law. It is in light of this open-mindedness and the wish to reach out to non-legal audiences, and to the international relations community in particular, that I was invited to join the LJIL team some years ago. Whereas there is a growing audience of IR scholars genuinely interested in (theorizing) international law, LJIL is not very well known as a journal with that profile for its International Legal Theory section. As a leading scholar in IR once remarked: ‘LJIL is the best kept secret in IR’. So when the request came for me to write an editorial, it seemed only apt to reflect upon some of the perils and promises of interdisciplinarity from my experience as an IR scholar within the LJIL editorial board.

Ruler Visibility and Popular Belonging in the Ottoman Empire, 1808-1908

2018 ◽  
Author(s):  
Darin Stephanov
Keyword(s):  
Public Space ◽  
Ottoman Empire ◽  
The Other ◽  
Group Consciousness ◽  
Central Question ◽  
Point Model ◽  
The Everyday ◽  
National Movements ◽  
Tanzimat Reforms ◽  
The One

‘What do we really speak of when we speak of the modern ethno-national mindset and where shall we search for its roots?’ This is the central question of a book arguing that the periodic ceremonial intrusion into the everyday lives of people across the Ottoman Empire, which the annual royal birthday and accession-day celebrations constituted, had multiple, far-reaching, and largely unexplored consequences. On the one hand, it brought ordinary subjects into symbolic contact with the monarch and forged lasting vertical ties of loyalty to him, irrespective of language, location, creed or class. On the other hand, the rounds of royal celebration played a key role in the creation of new types of horizontal ties and ethnic group consciousness that crystallized into national movements, and, after the empire’s demise, national monarchies. The book discusses the themes of public space/sphere, the Tanzimat reforms, millet, modernity, nationalism, governmentality, and the modern state, among others. It offers a new, thirteen-point model of modern belonging based on the concept of ruler visibility.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals Armenian Press in Turin: 1915-1918

2020 ◽  
Author(s):  
Sona Haroutyunian
Keyword(s):  
Ottoman Empire ◽  
Host Country ◽  
The Other ◽  
Other Hand ◽  
The One

1915 marked the start of a bloodier phase of the Armenian tragedy. 1915 was also the year in which Italy interrupted its diplomatic presence in Anatolia and entered the war against the Ottoman Empire. For the few Armenians then resident in Italy this coincidence of circumstances constituted a mobilising factor: being in many cases citizens of the Ottoman Empire, on the one hand, they had to demonstrate their diversity with respect to the Turks, and on the other hand, the assumption of active behaviour towards the host country aimed at enhancing their belonging and cultural prerogatives. With the aim to investigate how the Genocide was experienced by the Armenian community in Italy, the paper will focus on the magazine Armenia. Eco delle rivendicazioni armene (Armenia. Echo of Armenian Claims) born in Turin and published between 1915-18.

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals Desecuritization as Displacement of Controversy: geopolitics, law and sovereign rights in the Arctic

Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Indigenous Peoples ◽  
North Pole ◽  
The Other ◽  
The Arctic ◽  
The Arctic Ocean ◽  
Securitization Theory ◽  
The Media ◽  
The One

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.

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