Thirty Volumes on: Genesis, Development and Prospects of the Italian Yearbook of International Law

2021 ◽  
Vol 30 (1) ◽  
pp. 1-14
Author(s):  
Riccardo Pavoni
Keyword(s):  
International Law ◽  
Historical Context ◽  
Stages Of Development ◽  
30Th Anniversary ◽  
Current Volume

On the occasion of its 30th Anniversary Volume, the genesis, evolution and prospects of the Italian Yearbook of International Law (IYIL) are set out in the present piece. After sketching the main stages of development from its creation to the current volume, consideration is given to the dynamic scholarly and historical context which favoured the emergence of the IYIL in the 1970s. Notwithstanding several precursors, a rising number of competitors and a growing reliance on internet-based services by international law researchers and practitioners, it is submitted that the IYIL was born out of, and continues to appear as, a distinctive experience in the Italian legal publishing environment.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

scholarly journals Introduction to Symposium on Framing Global Migration Law – Part II

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 134-135
Author(s):  
Jaya Ramji-Nogales ◽  
Peter J. Spiro
Keyword(s):  
International Law ◽  
Crime Control ◽  
Human Mobility ◽  
Historical Context ◽  
Human Movement ◽  
Control Approach ◽  
Global Migration ◽  
Economic Migration ◽  
Migration Crisis ◽  
Migration Law

Part I of this symposium on framing global migration law introduced broad conceptual parameters of a new field, looking back to its international law roots and forward to a new orientation beyond the strictures of refugee law. Part II looks to situate global migration law along a range of theoretical dimensions. Jacqueline Bhabha establishes the continuities of human movement in a historical context, modern and premodern. Far from representing a radical departure, the current migration “crisis” is consistent with massive migrations over the ages. Tendayi Achiume considers migration through the lens of colonization and decolonization. Out-migration from Europe was a core economic element of the colonization project; Achiume suggests that contemporary migration from former dependencies to metropolitan powers will correct co-dependencies that continue to advantage postcolonial powers. Focusing Achiume's lens on the problem of human trafficking, Janie Chuang complicates the binary depictions of economic migration that underpin contemporary international law. She suggests that global migration law's grounding in a migrant-centered perspective could help state actors to understand the structural causes of modern-day exploitation, enabling a shift from a crime control approach to a human mobility paradigm.

Part IV The ICC and its Applicable Law, 21 Co-Perpetration: German Dogmatik or German Invasion?

2015 ◽  
Author(s):  
David Ohlin Jens
Keyword(s):  
General Theory ◽  
Control Theory ◽  
International Law ◽  
Criminal Law ◽  
Historical Context ◽  
Legal Culture ◽  
Applicable Law ◽  
First Order

The current doctrines of co-perpetration, most notably the control theory of perpetration, are heavily influenced by German criminal law theory. To some critics, the ICC’s importation of Claus Roxin’s control theory is evidence that one legal culture is having an outsized influence on the direction of the Court’s jurisprudence. This chapter situates the current doctrines within historical context. It lays out the foundations of the ICC doctrine of co-perpetration and evaluates the most notable objections to it, including alternate versions of co-perpetration. The chapter argues that the criticism about the ICC becoming too weighted towards the criminal law approach of one particular system is unfair, since the Court engages in first-order questions of criminal law theory. Nevertheless, the criticism remains that the Court has done insufficient work to justify its methodology and properly ground its importation of domestic criminal law theory within a general theory of sources of international law.

Part XI Public Policy and Abuse of Process, 32 Public Policy Rules in English Arbitration Law

2016 ◽  
Author(s):  
Brekoulakis Stavros
Keyword(s):  
Public Policy ◽  
International Law ◽  
Historical Context ◽  
Careful Analysis ◽  
Private International Law ◽  
Policy Rules ◽  
Legal Rules ◽  
Legal Principle ◽  
And Function

This chapter argues that the doctrine of public policy currently adopted by legal discourse in arbitration is conceptually and methodologically confusing, and outdated. It is conceptually confusing because there is usually no explanation about how the content of public policy is ascertained or whether the doctrine functions as a legal principle or a set of legal rules. The doctrine of public policy, as a structured set of legal rules, can be better conceived of as a doctrine of national law. The rules of public policy can also be ascertained from a careful analysis of the historical context and jurisprudential development of the doctrine. The chapter first looks into the concept and function of public policy in English law and jurisprudence. It then focuses on the role of public policy in English private international law, before finally ascertaining the rules of public policy in English arbitration law.

Concepción Arenal and the place of women in modern international law

2020 ◽  
Vol 88 (1-2) ◽  
pp. 211-253
Author(s):  
Ignacio de la Rasilla
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal History ◽  
Historical Context ◽  
International Congress ◽  
Early Twentieth Century ◽  
History Of ◽  
Individual Contributions ◽  
History Of International Law ◽  
Academic Study

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.

The Telders International Law Moot Court Competition, 1977–2007

2007 ◽  
Vol 20 (1) ◽  
pp. 267-273
Keyword(s):  
International Law ◽  
Law Students ◽  
European Countries ◽  
30Th Anniversary ◽  
Student Teams ◽  
The Hague

The first Telders Competition was organized thirty years ago on the occasion of the 30th anniversary of the Telders International Law Students Debating Society. Student teams from the universities of Bonn, Cologne, Strasbourg, and Leiden participated. It was so successful that the Competition has been organized annually ever since. Nowadays it is considered to be the most prestigious and important international moot court competition in Europe. Teams from over 40 universities compete in the national rounds, with up to 26 teams from as many European countries participating in the international rounds held in the Peace Palace in The Hague.

Part I Histories, Ch.4 Hugo Grotius: The Making of a Founding Father of International Law

2016 ◽  
Author(s):  
Julia van Ittersum Martine
Keyword(s):  
International Law ◽  
Historical Context ◽  
Founding Father ◽  
Hugo Grotius ◽  
Hands On ◽  
Western Imperialism

This chapter explains how the myths surrounding Hugo Grotius (1583–1645) came into being and whose interests have been served by it. It was a combination of Dutch nationalism and the rise of modern international law that turned Grotius into a ‘founding father’, with a little help, it should be said, from the American delegates at the 1899 Hague Peace Conference. The myth is based on a highly selective reading of De Jure Belli ac Pacis and completely ignores the larger historical context of Grotius’ work, particularly his hands-on involvement in Western imperialism and colonialism. The chapter aims to contextualize properly his life and work, rather than to focus on just one aspect of it and use that to justify modern-day arrangements for the resolution of conflicts between states.

The Third United Nations Conference on the Law of the Sea

1976 ◽  
Vol 11 (1) ◽  
pp. 1-51 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Historical Context ◽  
Law Of The Sea ◽  
General Assembly ◽  
Special Rapporteur ◽  
Priority List ◽  
The Third ◽  
The Law ◽  
High Seas

This article is divided into four parts. The first aims to place the Third United Nations Conference on the Law of the Sea in its historical context. The second describes some aspects of the first three sessions of that Conference (1973–1975). In the third an account of major specific interests and conflicts which have appeared in this Conference is given. Finally, some tentative conclusions are drawn—tentative, because the Conference has not yet completed its labours.During its first session (1949) the newly established International Law Commission, set up by the General Assembly in accordance with the provision of Article 13 of the Charter relating to the codification and progressive development of international law, included the topics of the régime of the high seas and the régime of territorial waters in its provisional list of fourteen topics selected for codification. It placed the régime of the high seas on its priority list, and appointed Professor J.P.A. François (The Netherlands) as special rapporteur. At the recommendation of the General Assembly in resolution 374 (IV) of 6 December 1949 the Commission in 1950 included the régime of territorial waters on its priority list, and in 1951 it initiated work on that topic, for which Professor François was also designated special rapporteur. The Commission was heavily occupied with both these topics until 1956.

2. The Historical Evolution of the International Community

2020 ◽  
pp. 20-44
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
Cold War ◽  
International Law ◽  
Historical Context ◽  
Historical Evolution ◽  
World War ◽  
History Of ◽  
Independent States ◽  
History Of International Law ◽  
The 1960S ◽  
The Cold War

This chapter traces the historical evolution of the international legal system, which is organized for analytical purposes in four major stages: from its gradual emergence (sixteenth–early seventeenth century) to the First World War; from the establishment of the League of Nations to the end of the Second World War (1919–1945); from the establishment of the United Nations to the end of the Cold War (1945–1989); and the last three decades since the end of the Cold War (1990–2020). The chapter emphasizes the European roots of international law but also the pressure it has faced since the 1960s to reflect the interests of developing and newly independent States. It also provides some basic historical elements and references to the growing literature on the history of international law, which are useful to understand the historical context of the material examined in subsequent chapters.

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