scholarly journals A More Elevated Patriotism

2018 ◽  
Author(s):  
Martti Koskenniemi ◽  
Ville Kari
Keyword(s):  
Nineteenth Century ◽  
Technological Change ◽  
International Law ◽  
Comparative Studies ◽  
Comparative Law ◽  
Legal Studies ◽  
The World ◽  
The Law

This chapter explores the origins of the disciplines of international and comparative law in nineteenth-century Europe. It charts in broad terms the emergence of comparative studies of law in France, Germany, Britain, and elsewhere among jurists and scholars who sought to deploy the language of law in the service of both universal and domestic ‘civilization’. In an age of rapid societal, economic, constitutional, and technological change, a progressive spirit of development of the law in all its dimensions thrived in a constant intercourse between the national, colonial, and international legal spheres of thought. Later in the century, various specialized branches of cosmopolitan legal studies including international law and comparative law branched off to their own academic and institutional fields. These nonetheless continued to share many ideas about universal justice, the liberal ideals, the role of Europe in the world, and other matters.

scholarly journals The Law on State Responsibility and the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 759-803
Author(s):  
Anna Ventouratou
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
State Responsibility ◽  
Vienna Convention ◽  
The World ◽  
The Law

Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.

Language and Power: The Dragoman as a Link in the Chain Between the Law of Nations and the Ottoman Empire

2020 ◽  
Vol 22 (1) ◽  
pp. 50-74
Author(s):  
Zülâl Muslu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Linguistic Meaning ◽  
Legal Thought ◽  
Language And Power ◽  
Law Of Nations ◽  
Professional Body ◽  
The Law

Abstract The paper attempts to take a different look into the Law of Nations through the role of dragomans (official translators) in the making of modern International law. Addressing the power of language above its mere linguistic meaning, also considering the way it is taught, socially shaped, productive and lasting, this paper intends to illustrate the general epistemic framework governing dragomans as an original social and professional body in order to better understand their unforeseen impact on the Ottoman understanding of and integration into modern international law. The paper argues that legal transformations are also the result of legal translations, which intrinsically imply the cultural and social backgrounds of the translators. It discusses how the progressive formation of the cosmopolitan professional body of dragomans led to both develop a bolted technicality and contribute to the uniformization of legal thought and language by the nineteenth century.

scholarly journals The Role of Public International Law in the WTO: How Far Can We Go?

2001 ◽  
Vol 95 (3) ◽  
pp. 535-578 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Public International Law ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Law ◽  
The Relationship

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely “self-contained regime” or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO “judiciary” (panels and the Appellate Body). Of course, WTO members (viz., the WTO “legislator”) could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III.

The Role of Technological Change in the Long-run Global Economy Forecasting

2013 ◽  
pp. 97-116 ◽  
Author(s):  
A. Apokin
Keyword(s):  
Technological Change ◽  
Data Quality ◽  
Long Range ◽  
Global Economy ◽  
World Economy ◽  
Qualitative Approaches ◽  
Long Run ◽  
The World ◽  
National Economies

The author compares several quantitative and qualitative approaches to forecasting to find appropriate methods to incorporate technological change in long-range forecasts of the world economy. A?number of long-run forecasts (with horizons over 10 years) for the world economy and national economies is reviewed to outline advantages and drawbacks for different ways to account for technological change. Various approaches based on their sensitivity to data quality and robustness to model misspecifications are compared and recommendations are offered on the choice of appropriate technique in long-run forecasts of the world economy in the presence of technological change.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Conclusions

2018 ◽  
Author(s):  
Amy Strecker
Keyword(s):  
International Law ◽  
Eu Law ◽  
World Heritage Convention ◽  
State Practice ◽  
The World ◽  
State Obligations ◽  
Made In ◽  
Landscape Protection

The final chapter of this book advances four main conclusions on the role of international law in landscape protection. These relate to state obligations regarding landscape protection, the influence of the World Heritage Convention and the European Landscape Convention, the substantive and procedural nature of landscape rights, and the role of EU law. It is argued that, although state practice is lagging behind the normative developments made in the field of international landscape protection, landscape has contributed positively to the corpus of international cultural heritage law and indeed has emerged as a nascent field of international law in its own right.

The National and the Universal

2020 ◽  
pp. 368-386
Author(s):  
Sarah Collins
Keyword(s):  
Nineteenth Century ◽  
Cultural Difference ◽  
John Stuart Mill ◽  
Late Nineteenth Century ◽  
Johann Gottfried Herder ◽  
Early Nineteenth Century ◽  
The World ◽  
Respective Treatment ◽  
History Of

This chapter examines the continuities between the categories of the “national” and the “universal” in the nineteenth century. It construes these categories as interrelated efforts to create a “world” on various scales. The chapter explores the perceived role of music as a world-making medium within these discourses. It argues that the increased exposure to cultural difference and the interpretation of that cultural difference as distant in time and space shaped a conception of “humanity” in terms of a universal history of world cultures. The chapter reexamines those early nineteenth-century thinkers whose work became inextricably linked with the rise of exclusivist notions of nationalism in the late nineteenth century, such as Johann Gottfried Herder and John Stuart Mill. It draws from their respective treatment of music to recover their early commitment to universalizable principles and their view that the “world” is something that must be actively created rather than empirically observed.

‘Our passion for legality’: international law and imperialism in late nineteenth-century Britain

2008 ◽  
Vol 34 (3) ◽  
pp. 403-423 ◽  
Author(s):  
CASPER SYLVEST
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
South African ◽  
Historical Analysis ◽  
World Politics ◽  
Late Nineteenth Century ◽  
Contemporary World ◽  
Late Nineteenth ◽  
Congo Free State

AbstractThis article deploys a historical analysis of the relationship between law and imperialism to highlight questions about the character and role of international law in global politics. The involvement of two British international lawyers in practices of imperialism in Africa during the late nineteenth century is critically examined: the role of Travers Twiss (1809–1897) in the creation of the Congo Free State and John Westlake’s (1828–1913) support for the South African War. The analysis demonstrates the inescapably political character of international law and the dangers that follow from fusing a particular form of liberal moralism with notions of legal hierarchy. The historical cases raise ethico-political questions, the importance of which is only heightened by the character of contemporary world politics and the attention accorded to international law in recent years.

Customary International Law

2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Keyword(s):  
General Practice ◽  
International Law ◽  
Complex Relationship ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

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