New Approaches to the Study of International Law

1967 ◽  
Vol 61 (2) ◽  
pp. 477-495 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
Foreign Policy ◽  
International Law ◽  
Active Ingredient ◽  
Nation State ◽  
International Lawyer ◽  
World Today ◽  
New Approaches ◽  
The World ◽  
Considerable Confusion ◽  
And Function

International law is both a contemplative academic subject and an active ingredient of diplomatic process in world affairs. The failure to maintain the clarity of this distinction accounts for considerable confusion about the nature and function of international law in the world today. An international lawyer is also a citizen of a nation-state who often holds strong views as to preferred courses of foreign policy. One way for him to vindicate these views is to demonstrate their compatibility or incompatibility with governing rules of international law. Confusion arises in scholarly settings whenever the adversary presentation of views is not distinguished from the scholarly assessment of opposing lines of adversary presentation.

Is International Law International?

2017 ◽  
Author(s):  
Anthea Roberts ◽  
Martti Koskenniemi
Keyword(s):  
South China Sea ◽  
International Law ◽  
Case Studies ◽  
South China ◽  
Visual Representations ◽  
International Lawyer ◽  
Spheres Of Influence ◽  
Diverse Backgrounds ◽  
The World ◽  
Anglo American

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.

Gavel

2018 ◽  
pp. 214-224 ◽  
Author(s):  
James EK Parker
Keyword(s):  
International Law ◽  
Critical Evaluation ◽  
Sound Studies ◽  
Close Reading ◽  
World Today ◽  
The World ◽  
Contemporary Work

The gavel is one of the most widely recognized objects of law around the world today. Images of it are everywhere. Gavels feature in some of the most prominent institutions of international law as well as in many courts and legislatures internationally. Even in jurisdictions where the gavel doesn’t appear in conventional legal settings it can still be found at auctions, conferences, and meetings, and will be doing important juridical work. It is not, however, well understood. Drawing on contemporary work in sound studies and jurisprudence, and via a close reading of a film by Italian artist Diego Tonus, this chapter provides a critical evaluation of the gavel’s material, symbolic, and sonic lives. It suggests that the gavel is right at the centre of the global juridical imaginary, and that this serves as a reminder that sound matters in law in ways that are not yet adequately explored.

James Brown Scott and the Rise of Public International Law

2008 ◽  
Vol 7 (2) ◽  
pp. 151-179 ◽  
Author(s):  
John Hepp
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Middle Class ◽  
International Law ◽  
American Foreign Policy ◽  
The United States ◽  
Public International Law ◽  
International Lawyer ◽  
Legal Expertise ◽  
Insight Into

James Brown Scott played a key role in the growth of public international law in the United States from the 1890s to the 1940s. While little remembered today, he was well-known among his contemporaries as a leading spokesman for a new and important discipline. Scott rose from obscure middle-class origins to occupy a prominent and influential place as an international lawyer who shared his legal expertise with seven presidents and ten secretaries of state. By examining his life we gain insight into the establishment of public international law as a discipline and on the era when lawyersqualawyers began to help shape American foreign policy.

scholarly journals “There is no home for me in this world”: States of statelessness and the need to deterritorialize human rights

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Maria-Carolina Cambre
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Nation State ◽  
World Today ◽  
Or Groups ◽  
The World ◽  
No Man's Land ◽  
The Individual ◽  
Right To Refuse ◽  
The Doors

There are millions of people in the world today who ‘reside’ in no place. Technically, though, no place simply means a non-existent place, which by extension annuls the existence of these people. May of these are from areas where they not recognized as citizens, and from where they have been uprooted because of war and related upheavals. In these instances, these have no other choice but to seek other places to live. It is indeed, when the doors are shut and they are not accepted in the new places that they become denationalized and trapped in ‘no-man’s land.’ Such acts of exclusion are dehumanizing, painful and should not be accepted in our world. In this paper, I argue that this widespread problem exists due to lack of basic citizenship and human rights possibilities. The problem is also attached to specific understandings of sovereignty and human rights where, in the case of a conflict, for example, whatever the nation-state almost always takes precedence over the fundamental rights of the individual and/or groups.  Indeed, this problematic reality is discursively (as well as pragmatically) located within the human rights, and related governance debates, which always display some form of conceptual and practical disconnect between the nation-state’s right to refuse entry, and an individual’s right for asylum.

First Hispano-Luso-American Congress of International Law

1951 ◽  
Vol 45 (4) ◽  
pp. 777-778
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
International Lawyer ◽  
The World ◽  
The University

This writer wants to bring to the notice of his colleagues in the world that the first Hispano-Luso-American Congress of International Law will be held during October of this year in Madrid. The initiative has been taken by a group of Spanish professors and institutions of international law. The preparatory commission is presided over by the well-known international lawyer of the University of Madrid, Yanguas Messia; Dr. Luis Garcia Arias is its Secretary.

scholarly journals Reconsidering the Palestine Issue in the Shade of Israel’s Expanding Sovereignty Claim

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
M. Hüseyin Mercan
Keyword(s):  
International Law ◽  
Legal Status ◽  
Nation State ◽  
Foreseeable Future ◽  
Basic Law ◽  
The World ◽  
Lasting Peace ◽  
Palestinian Territory ◽  
Near Future ◽  
State Of Israel

The Palestine question is among the most important and longstanding conflicts in the world. A lasting solution could not be found and problems have multiplied after the foundation of the State of Israel in 1948, mainly because the sovereignty of the Palestinian people has been disregarded. Though the conflict includes complex issues such as the legal status of Jerusalem, the refugees’ right to return to their ancestral lands and the rapid increase in Jewish settlements; the root of the problem is the lack of an equal sovereign rights approach for both sides. The Palestine issue has been rendered more and more tragic over the years as Israel does not permit the Palestine Authority to exercise its sovereign rights in its own lands and the international community refrains from imposing sanctions on Israel despite its continuous violations of international law and UN (United Nations) resolutions. Especially as a result of Israel’s recent policies towards expanding its sovereignty claims over the entire Palestinian territory, an even darker period seems to cloud Palestine’s sovereignty in the near future. This study claims that the source of the longstanding Israel-Palestine conflict is the inequality in exercising sovereign rights between the two parties and discusses how Israel’s expansionist activities may shape the Palestine issue in the forthcoming years. Furthermore, the study scrutinizes how the “Jewish Nation State Basic Law” – that was recently approved by the Israeli parliament – will sabotage the ongoing search for peaceful solutions and it may destroy all hopes for establishing a lasting peace between the two peoples in the foreseeable future. 

scholarly journals Critique of ethnic nationalism in the teachings of Said Nursi: A study of nationalism and the question of Islam in Bangladeshi identity

IIUC Studies ◽  
2017 ◽  
Vol 14 (2) ◽  
pp. 71-84
Author(s):  
Sumaiya Rabeya ◽  
Mohammad Hossain
Keyword(s):  
Identity Formation ◽  
Religious Identity ◽  
Historical Narratives ◽  
Nation State ◽  
Ethnic Nationalism ◽  
Positive Role ◽  
World Today ◽  
The World ◽  
Islamic Identity ◽  
Said Nursi

Bediuzzaman Said Nursi, a strong proponent of Muslim unity, was always against what he called negative nationalism in Muslim societies. While he believed that nationalism could play a positive role in arousing compassion of Muslims, he also warned of its potential drawbacks and adverse consequences as a tool for domination and causing harm. Ethnic nationalism is primarily seen in highly homogenous societies throughout the world today. Bangladeshi nationalism, as developed by its proponents, has however, failed to be inclusive, and instead works within a framework which tends towards exclusion. This paper, through a discursive discussion of historical narratives and aspects of identity formation, argues that recent manifestations of the ills of Bangladeshi nationalism, stems from deeper issues related to failure of resolving the place of religious identity, mainly Islamic identity, within the Bangladeshi identity. This has led to aspects of negative nationalism, such as deeply polarized society, and aided in maintaining the divisive dichotomy of the secular and religious within the nation state in Bangladesh. IIUC Studies Vol.14(2) December 2017: 71-84

The Law of Nations and the Sources of the Cosmopolis

2018 ◽  
Author(s):  
Nan Goodman
Keyword(s):  
Seventeenth Century ◽  
New England ◽  
International Law ◽  
Building Blocks ◽  
Nation State ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
The World ◽  
The Law ◽  
John Selden

The Puritans’ cosmopolitan thought in late seventeenth-century New England had its source in the cosmopolitanism of a law of nations that was as much about the world as a whole as it was about the nation-state it later came to epitomize. With the nation-state not yet a consolidated entity, the seventeenth-century law of nations was far more open-ended than the international law to which it gave rise more than a century later. In the absence of a fixed idea of sovereignty, the law of nations was able to articulate multiple historical possibilities for social, political, and legal communities, one of which—the cosmopolitan—is fundamental. The cosmopolis emerges as a central part of the intellectual project of the law of nations put forth by the Protestant thinkers Alberico Gentili, Hugo Grotius, and John Selden, with the main features of the law recast as the building blocks of the cosmopolis.

State of Play and the Road Ahead

2020 ◽  
pp. 213-221
Author(s):  
Margot E Salomon
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Democratic Deficit ◽  
The Road ◽  
World Today ◽  
Poverty And Inequality ◽  
The World ◽  
Key Features

This introductory chapter draws from, and builds on, the three chapters on human rights and poverty in this edited volume. It explores those contributions with an eye to what they advocate and as a basis for exposing obstacles to bringing human rights to bear on poverty and material inequality. Three key features that characterize the world today are addressed: a multilevel democratic deficit, a harmful commitment to growth, and a categorical absence of accountability for the state of poverty and inequality. This chapter reflects on the state of play and the road ahead and concludes by, querying whether international law in fact values people living in poverty and the limits of the human rights project in seeking to ensure that that it does.

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