Nineteenth Century Perspectives on Private International Law

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Intellectual History ◽  
Global Justice ◽  
Theoretical Perspective ◽  
Private International Law ◽  
Public And Private ◽  
Analytical Foundation ◽  
History Of ◽  
The Individual

This book seeks to demonstrate that contrary to conventional histories of the discipline, various nineteenth-century writings on Private International Law (PrIL), which focused on the individual, rather than the state, adopted an account of the individual as social and relationally constituted. The book dispels two common assumptions about the nineteenth-century intellectual history of the field: first all individual- and private-law-centered perspectives were overly liberal and individualistic; and second, the association between public and private international law enabled the latter to focus on global public goods and global justice generally. By contrast, the book shows that while many nineteenth-century theories focused on the relationship between public and private international law injected much of the formalism and alleged neutrality of today’s private international law, several individual-centered perspectives adopted a relational, rather than individualistic image of the individual. By recovering academic debates in private international law between the mid-nineteenth to the mid-twentieth century, the book traces how this “relational internationalist” perspective was misunderstood and eventually disappeared from the memory of the field. Through a detailed analysis of the writings of the three main protagonists of the “relational internationalist” perspective, namely Joseph Story, Carl von Savigny, and Josephus Jitta, the book recovers the analytical foundation of this theoretical perspective with respect to rights, legitimate authority, and the cosmopolitan dimensions of private international law.

Introduction

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Intellectual History ◽  
Private International Law ◽  
Historical Account ◽  
The Common ◽  
The Individual ◽  
Historical Accounts ◽  
Point Of Reference

This chapter describes and contests the common assumptions about nineteenth-century private international law intellectual history. Conventional historical accounts focus on broad schools of thought in private international law (PrIL), such as nationalism and internationalism, or personality and territoriality. By contrast, the central thesis of this book, described in this first chapter, is that internationalism was constructed differently depending on whether nineteenth-century internationalists took the state or the individual as the point of reference. This chapter argues that reading contemporary concepts and debates into nineteenth-century PrIL scholarship prevented us from engaging with the nuances and unique motivations of nineteenth-century PrIL theories. Instead, this introductory chapter outlines the contextual perspective adopted in this book’s intellectual historical account, which ultimately helps in recovering and reconstructing a relational internationalist perspective in nineteenth-century private international law legal thought.

Mosul Four and Iran Six

2018 ◽  
pp. 284-293
Author(s):  
Alex Mills
Keyword(s):  
Public Policy ◽  
International Law ◽  
Security Council ◽  
Private International Law ◽  
Commercial Aircraft ◽  
Public And Private ◽  
State Immunity ◽  
House Of Lords ◽  
Un Security Council ◽  
History Of

This chapter explores the practical entanglement of questions of public and private international law through an examination of the history of ten commercial aircraft belonging to Kuwait Airways Corporation. The aircraft were seized by Iraq after the unlawful 1990 invasion of Kuwait, flown to Baghdad, and handed over to Iraqi Airways. Proceedings seeking return of the aircraft and damages were commenced by Kuwait Airways against Iraqi Airways in the English courts, a further saga which led to more than thirty reported cases, including a remarkable five decisions of the House of Lords. The dispute raised a range of issues, including questions of jurisdiction, state immunity, and perhaps most significantly the potential for public international law to be given effect through domestic private law proceedings, in this case as a source of public policy denying effect to acts of Iraqi law which were contrary to UN Security Council resolutions.

The Integrated Approach to Private and Public International Law—A Distinctive Feature of Italian Legal Thinking

2020 ◽  
pp. 262-282
Author(s):  
Pietro Franzina
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Distinctive Feature ◽  
Integrated Approach ◽  
Major Influence ◽  
Private International Law ◽  
Public And Private ◽  
Origin And Evolution ◽  
Private And Public ◽  
Legal Thinking

International law scholarship has traditionally been understood in Italy as encompassing the study of both public and private international law. The two subjects are still considered jointly for recruitment purposes and are mostly taught by the same professors. Pasquale Stanislao Mancini, who regarded nationality as a foundation of both disciplines, had a major influence on the popularization of this approach in the mid-nineteenth century. The advent of positivism, a few decades later, entailed a general rejection of Mancini’s views but did not challenge the integrated approach to the different branches of international law. Rather, the positivist turns triggered a renewed reflection on the ties between the two subjects. The study of international law, some argued, should cover, alongside international rules, such municipal rules as deal with international matters. The chapter outlines the origin and evolution of the Italian integrated approach to international law and its perception by today’s scholars, in Italy and abroad.

NEW LIFE IN THE MODERN CULTURAL HISTORY OF DEATH

2018 ◽  
Vol 62 (3) ◽  
pp. 833-852
Author(s):  
HANNAH MALONE
Keyword(s):  
Cultural History ◽  
Intellectual History ◽  
Recent Literature ◽  
Public And Private ◽  
New Developments ◽  
Recent Scholarship ◽  
History Of ◽  
The Individual ◽  
Critical Overview ◽  
Selection Of

AbstractThis essay presents a critical overview of recent literature in English on the modern cultural history of death. In order to locate new developments, it charts the evolution of the field from the 1970s until today and distinguishes between French and Anglophone strands in the historiography. A selection of studies published between 2005 and 2015 exemplifies a revival in recent scholarship that hangs on four main innovations: the abandonment of grand narratives of modernization and secularization; an interdisciplinary integration of political, cultural, and intellectual history; greater attention to the individual; and the expansion of the field beyond Europe and North America. Thus, today, the history of death is both local and global, public and private, personal and universal.

Inter-State Arbitration

2020 ◽  
pp. 215-232
Author(s):  
V. V. Veeder
Keyword(s):  
New York ◽  
International Law ◽  
Recent History ◽  
Private International Law ◽  
Public And Private ◽  
Party Autonomy ◽  
Binding Force ◽  
History Of ◽  
Inter State

This chapter explores inter-state arbitration, which is largely influenced by two different traditions, drawn from diplomacy and commerce under public and private international law respectively. The recent history of state–state and also, in part, of investor–state arbitration is the history of the Permanent Court of Arbitration (PCA). As intended by the two Hague Conferences more than a century ago, arbitrations under treaties are still marked by the necessity for the parties’ consent, including a state’s limitation as to the categories of dispute referable to arbitration; a neutral appointing or administering authority; a settled procedure subject to party autonomy; the parties’ involvement in the appointment of the tribunal; and the absence of any appeal from an award for an error of law or fact. For inter-state arbitration and (notwithstanding the ICSID and New York Conventions) investor–state arbitration also, the recognition of the award by the losing party is usually made voluntarily. It is the parties’ arbitration, the award is the product of their consent and, accordingly, the award has a moral binding force for the parties often absent from non-consensual mechanisms.

Recognition, Rights, and Reasonable Expectations

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
The State ◽  
Late Nineteenth Century ◽  
Private International Law ◽  
Early Nineteenth Century ◽  
Public International Law ◽  
The Individual ◽  
Cross Reference ◽  
Rights Theories

This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference and whether one portrays an individualistic or a relational image of the transnational agent. It outlines the differences between early nineteenth-century individualistic theories, late nineteenth century state-centered rights theories, and the nineteenth-century relational internationalist perspective introduced in Chapter 2. The chapter suggests that historically the misrecognition of individuals and their pleas for justice was a corollary to the state-centered internationalist position under the private-public international law association. It further argues that relational internationalist theorists tried to create a cross-reference between individual reasonable expectations and larger sociopolitical considerations. Such theories emphasized a spectrum from liberty to social responsibility, based on their differentiation and analysis of the various types of private law relationships in the transnational realm.

Individual-Centered and State-Centered Internationalist Perspectives in American Private International Law Theory

2018 ◽  
Author(s):  
Roxana Banu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
The State ◽  
Private International Law ◽  
Interest Theory ◽  
Realist Theory ◽  
Analytical Point ◽  
The Individual ◽  
Point Of Departure ◽  
Realist Perspective

This chapter starts by briefly describing the first wave of the realist theory in the writings of Walter Wheeler Cook and Ernest G. Lorenzen and then Brainerd Currie’s much more developed state-interest theory. The chapter then outlines a rich and underexplored debate among American realist scholars, with their critics, about the implications of choosing the individual or the state as the analytical point of departure in PrIL theory and methodology. It underscores three different ways in which individual-centered arguments were used to try to temper Currie’s state-centered premises. In reviewing critiques against Currie’s state-centered perspective, the analysis in this chapter distinguishes between arguments focused on fairness, those based on equity and equality, and those based on a sociological notion of disaggregated state interests. The chapter further discusses the parallels between the American realist perspective and the nineteenth-century relational internationalist perspective introduced in Chapter 2.

The Private History of International Law

2006 ◽  
Vol 55 (1) ◽  
pp. 1-50 ◽  
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
History Of ◽  
History Of International Law ◽  
Domestic Law

The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1 The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic law of States.2 These assumptions, taken together, constitute the myth that public and private international law are discrete, distinct disciplines, with independent, parallel histories. This article addresses these myths through an analysis of the role played by international law theory in the history of private international law.

INTEGRATING MUSIC INTO INTELLECTUAL HISTORY: NINETEENTH-CENTURY ART MUSIC AS A DISCOURSE OF AGENCY AND IDENTITY

2008 ◽  
Vol 5 (2) ◽  
pp. 309-331 ◽  
Author(s):  
JOHN E. TOEWS
Keyword(s):  
Nineteenth Century ◽  
Intellectual History ◽  
Classical Music ◽  
Art Music ◽  
Production Performance ◽  
German Speaking ◽  
History Of ◽  
The Individual ◽  
History Nineteenth Century ◽  
Agency And Identity

Few intellectual historians of nineteenth-century Europe would deny that the tradition of art music that evolved between the revolutionary watershed at the end of the eighteenth century and the international wars and domestic convulsions of the first half of the twentieth century—a body of musical works from Haydn and Mozart to Mahler and Strauss that has been passed down to us in canonized form as the “imaginary museum” of “classical music” —was an enormously significant dimension of European cultural and intellectual history, especially in German-speaking central Europe. In the territories of the German Confederation, the Kingdom of Prussia and the Habsburg Empire, and later in the German and Austro-Hungarian Empires, the production, performance and consumption of classical music was not just an important element in the history of aesthetic and cultural forms but also a privileged site for imagining and enacting the organization of individuals into historical subjects (the Bildung of modern individuals) and for the integration of individuals into collectivities through processes of subjective identification. Broad interest in the relations between agency and identity among historians, including European intellectual historians, should have drawn many of them, one would have thought, toward investigation of the ways the cultural work undertaken by music was connected to, and interacted with, the cultural role of the textual and visual arts, or of how musical performance and experience helped European individuals organize and perform their self-activity and self-consciousness in relation to the past, to other individuals within the networks of communal relations, and to the transcendent. The history of music would appear to be critical for understanding historical experiences of the relations between memory and expectation at both the individual and communal levels.

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