Going by the Book: What International Law Textbooks Teach Us Not to Know

2021 ◽  
pp. 293-308
Author(s):  
Ana Luísa Bernardino

International law textbooks are one of the most powerful invisible frames of our discipline. This chapter analyses some of the most influential international law textbooks as important objects of study that shed light on both processes of social cognition and knowledge production. It examines international law textbooks as engines of sociomental control that delimit the realm of the ‘relevant’ in international law. It also highlights how textbooks’ unarticulated assumptions, silences, and implicit messages help to constitute the discipline of international law, not only in the sense of influencing what counts as international law, but also what one thinks about and what one does as an international lawyer.

2021 ◽  
pp. 35-54
Author(s):  
Anne van Aaken ◽  
Jan-Philip Elm

Framing is pervasive in public international law. International legal norms and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time, it has not been systematically explored in the context of social cognition and knowledge production processes in public international law. We aim to close this gap by examining the implications of framing effects—that is, issue framing and equivalence (including gain-loss) framing—for preference and belief formation in specific settings. After providing an overview of the experimental evidence of both types of framing, we identify typical situations in public international law where framing effects play an important role in social cognition and knowledge production processes. Without claiming to be exhaustive, we focus on international negotiations, international adjudication, global performance indicators, and norm framing.


Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Humans acquire and form their knowledge through cognitive processes and in turn form a representation of reality by processing and using this knowledge through different mental channels. To better conceive the invisible frames within which international law moves and performs, we must understand how psychological and socio-cultural factors can affect decision-making in an international legal process, identify the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time, and unearth the hidden meaning of the various mythologies that populate and influence our normative world. Through illustrations across different areas of international law and insights from various fields of knowledge, this book seeks to investigate the mechanisms that allow us to apprehend and intellectually represent the social practice of international law, to unveil the hidden or often unnoticed processes by which our understanding of international law is formed, and to make us unlearn some of the presuppositions that activate automatic cognitive processes and inform our largely unquestioned beliefs about international law.


2021 ◽  
pp. 1-12
Author(s):  
Andrea Bianchi ◽  
Moshe Hirsch

The underlying premise of the research project is that humans acquire and form their knowledge through cognitive processes (eg perception, interpretation, language). At the same time, that knowledge is processed and used via different mental channels to form a representation of reality. Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Understanding how psychological and socio-cultural factors (including cultural bias) can affect decision-making in an international legal process; identifying the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time; and unearthing the hidden meaning of the various mythologies that populate and influence our normative world, are all key factors to providing a better understanding of the invisible frames within which international law moves and performs....


Author(s):  
Rafea Shareef Dhanoon

The close relations between Turkey and Libya are still on the rise, and this was evident through Turkish support at all levels of the internationally recognized government of Al-Sarraj winner. The Memorandum of Understanding signed between Turkey and Libya on 27 / November 2019, in the areas of security and military cooperation and the determination of areas of influence revealed The navy, the extent of the historical close relationship between Ankara and Tripoli, just as the Turkish President Erdogan wanted to deliver a message to the West and other regional parties after the signing of the Memorandum of Understanding, that Turkey has a non-negotiable sovereign right to define the maritime spheres of influence and that this right stems from international law. In light of these tracks, we will shed light on the orientations of Turkish policy towards Libya after the February 2011 revolution, by defining the determinants of those trends and examining the most important obstacles in the march of Turkish policy towards Libya.


Author(s):  
Labeeb Bsoul

This article aims to shed light on a particular area in the field of Islamic International law (siyar) treaty in Islamic jurisprudence. It addresses a comparative view of classical jurists of treaties both theoretically and historically and highlights their continued relevance to the contemporary world. Since the concept of treaty a lacuna in scholarship as well as the familiar of international legal theorists to study and integrate the Islamic treaty system into the body of modern international law in order to have a mutual understanding and respect and honor for treaties among nations. I would like to present a series of three parts the first one addresses the concept of treaty in Islamic jurisprudence the second addresses the process of drafting treaties and their conclusion and the third addresses selected treaties, including the treaty of H{udaybiya that took place between Muslims and non-Muslims..


Author(s):  
Anthea Roberts ◽  
Martti Koskenniemi

Is International Law International? takes the reader on a sweeping tour of the international legal academy to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality. Both revealing and challenging, confronting and engaging, this book is a must-read for any international lawyer, particularly in a world of shifting geopolitical power. Pulling back the curtain on the “divisible college of international lawyers,” the author shows how international lawyers in different states, regions, and geopolitical groupings are often subject to differences in their incoming influences and outgoing spheres of influence in ways that affect how they understand and approach international law, including with respect to contemporary controversies like Crimea and the South China Sea. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international”—a point which holds true for Western actors, materials, and approaches in general, and Anglo-American ones in particular. But these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages international lawyers to see the world through others’ eyes—an approach that is pressing in a world of rising nationalism.


Author(s):  
Farouk El-Hosseny ◽  
Patrick Devine

Abstract The intersection between foreign investment and human rights is gaining attention, as is evident from an increasing number of investment treaty awards analysing legal issues relating to human rights. In the recent International Centre for the Settlement of Investment Disputes (ICSID) arbitration of Bear Creek v Peru, Philippe Sands QC posited, in a dissenting opinion, that the investor’s contribution to events—ie protests against its allegedly adverse environmental impact and disregard of indigenous rights, namely resulting from its ‘inability to obtain a “social licence”’—which led to the unlawful expropriation of its investment, was ‘significant and material’. He further noted that the investor’s ‘responsibilities are no less than those of the government’ and found that damages should thus be reduced. Last year, the Netherlands adopted a new model bilateral investment treaty (BIT), which allows tribunals to ‘take into account non-compliance by the investor with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises’ when assessing damages. These recent developments shed light on how states and tribunals, as part of their decision-making process, can take into account human rights in practice, and crucially in respect of damages analyses. By first dissecting the concept of contributory fault, then shedding light on the intersection of investment treaty law and human rights, as elucidated in recent jurisprudence, this article questions whether there now exists a gateway for human rights obligations (soft or hard) in the investment treaty arbitration realm through the concept of contributory fault.


1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.


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