scholarly journals The Necessity of Interdisciplinary Investigations for Proper Understanding of the History of International Law

2021 ◽  
Vol 52 (2) ◽  
pp. 285-319
Author(s):  
Inura Fernando
Keyword(s):  
International Law ◽  
Proper Understanding ◽  
Holistic Understanding ◽  
History Of ◽  
History Of International Law ◽  
Interdisciplinary Scholarship ◽  
Historical Issues

The heroic notion of international law as a distinct discipline is often challenged by interdisciplinary scholarship, particularly by those who are committed to highlighting the legacy of colonialism on colonised peoples. This article will highlight the entrenched formalism in international law histories. This article laments ways in which orthodox work fails to canvass histories beyond the text of the covenants and treaties that constitute international law. This article will examine key examples that highlight the importance of individual actors and sociological concepts in framing historical issues. These examples show how interdisciplinary investigations allow for a holistic understanding of the nature of international law histories. In doing so, this article aims to provide a pathway to negate the direct and indirect censorial effects of a discipline such as international law on the rendering of international law histories.

Recent research in the history of international law

2016 ◽  
Vol 84 (1-2) ◽  
pp. 313-334
Author(s):  
Frederik Dhondt
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Historical Research ◽  
Global History ◽  
Intercultural Awareness ◽  
The Past ◽  
History Of ◽  
Legal Thinking ◽  
History Of International Law ◽  
Interdisciplinary Scholarship

This review article treats the booming scholarship on the history of international law over the past decade. Works with a broader view (1), including the recent big-book syntheses and collective works, are contrasted with monographs (2), from studies of treaties and doctrine, over diplomatic practice to scholarship by historians and, finally, interdisciplinary scholarship. This texts provides a personal panorama of the wide array of scholarly perspectives on a common object: rules recognised in the community or society of states. New insights from history and social sciences, especially the turn to global history, open fresh prospects for ‘traditional’ legal historical research. Studying the encounter between ‘European’ international law and other continents rises our indispensable intercultural awareness. Yet, it should also serve to better understand the specificity of European legal thinking or diplomatic practice, and does not render research on the latter obsolete or redundant.


scholarly journals Made in Empire: Finding the History of International Law in Imperial Locations

2018 ◽  
Vol 31 (3) ◽  
pp. 473-478 ◽  
Author(s):  
LAUREN BENTON
Keyword(s):  
International Law ◽  
Special Volume ◽  
History Of ◽  
History Of International Law ◽  
Interdisciplinary Scholarship ◽  
Made In

AbstractA wave of interdisciplinary scholarship in the last two decades has managed to place empires at the center of the history of international law. This article surveys key insights resulting from this move and assesses remaining challenges. In explaining how the study of law in particular imperial locations can illuminate global legal transformations, the article identifies cross-cutting themes of articles in this special volume.

The Renaissance of Roman Colonization

2020 ◽  
Keyword(s):  
International Law ◽  
Roman History ◽  
Italian Renaissance ◽  
Ancient Rome ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
Property Distribution ◽  
Carlo Sigonio ◽  
History Of ◽  
History Of 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.

scholarly journals Introduction

2017 ◽  
Vol 30 (4) ◽  
pp. 799-800
Author(s):  
MÓNICA GARCÍA-SALMONES ROVIRA ◽  
PAOLO AMOROSA
Keyword(s):  
International Law ◽  
Case Studies ◽  
Point Of View ◽  
Colonial Legacy ◽  
Normative Systems ◽  
Diverse Backgrounds ◽  
History Of ◽  
Colonial Governance ◽  
History Of International Law

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.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

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.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

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