Diplomats, Professors, and Then Some: Notes for a History of International Law in 20th Century Finland

Author(s):  
Lauri Mälksoo

The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little in common with the liberal democratic concept of this right that saw the right of peoples to self-determination as an end in itself. The real contribution of the Russian Bolsheviks to the history of international law has, to some extent, been overlooked. Throughout the 20th century, the West and the ussr had different regional standards and usages of the right of peoples to self-determination, thus presenting a continuous challenge to the idea of the universality of international law.


2006 ◽  
Vol 7 (12) ◽  
pp. 1011-1014 ◽  
Author(s):  
Christoph Möllers

With his book “The Gentle Civilizer of Nations”, the Finnish expert on international law Martti Koskenniemi, became the most widely read author in his field overnight. In the “Gentle Civilizer”, Koskenniemi presented a new history of international law between 1870 and 1960. The tremendous success of this book rested less on an amazing number of revealing observations, but rather on its new take on the history of this discipline. In Koskenniemi's interpretation, the scientific project of international law did not start off as an endeavour that was centred on the sovereignty of nation-states. Instead, the international lawyers of that era saw their subject in the light of the idealist political project of internationalism. When they were forced to give up their high hopes in the course of the 20th century — this is where the twist of the book lies — they not only abandoned their dreams, but also their craft as lawyers. They became mere engineers of international relations, pragmatists, and apologists of governmental power. In order to retrieve the craft of international law, Koskenniemi concludes, the discipline needs to handle legal forms in a politically reflective manner. Koskenniemi has labelled this squaring of the circle, in a much-cited expression, as the “Culture of Formalism.”


2016 ◽  
Vol 85 (4) ◽  
pp. 322-333 ◽  
Author(s):  
Martti Koskenniemi

This is a brief overview of the history of the engagement by Finnish jurists with international law during the 20th century. The principal finding is that Finnish lawyers have often combined academic work with public service as diplomats and politicians, including government members. The ambition is modest – no more is sought than singling out relevant persons and some of their more interesting academic contributions. My wish is that the text might inspire others to enquire more in depth into the contributions of these and other jurists as well as to make such overviews of other countries or periods and in this way to contribute to an emerging “comparative international law”.


The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. Once antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3–84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyses the context, making, and impact of Sigonio’s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from visions of imperial reform and colonial independence in the nascent United States of America, to Enlightenment accounts of property distribution, culminating in a specific juridical strand in twentieth-century Roman historiography. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance until today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.


2017 ◽  
Vol 30 (4) ◽  
pp. 799-800
Author(s):  
MÓNICA GARCÍA-SALMONES ROVIRA ◽  
PAOLO AMOROSA

The deep relation between the colonial past and contemporary international law has been convincingly established. Scholars from diverse backgrounds, employing a variety of approaches, have shown the multifaceted ways in which the colonial enterprise occasioned the birth of doctrines and practices that are still in common use. The conference that occasioned this symposium, the last of the project History of International Law: Between Religion and Empire, directed by Martti Koskenniemi, was held in Helsinki in October 2016 and approached the issue of the colonial legacy of international law from the point of view of specific histories. The ‘techniques of empire’ raised at the conference encompassed colonial governance in the broadest sense, looking at practices, norms and normative systems, doctrines and concepts, and events. The case studies making up the articles featured in the symposium treat subjects as diverse as the experiences of colonialism have been, assuming an array of forms. Even so, from the multiplicity of techniques certain patterns and themes emerge.


Author(s):  
Anders Henriksen

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.


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