Historical Comparison of Sovereignty in International Law

The current article aims to study on the concept of sovereignty in international law. To this end, sovereignty is historically examined and compared in different legal doctrines. In fact, there is a verity of legal theories on the formulation and conceptualization of sovereignty. The dominant perspective of the contemporary legal doctrines sees sovereignty as wornout and outdated concept which belongs to classical legal doctrines. This article argues such accounts and shows how the concept of sovereignty survived through historically legal developments and has still been influential in the sphere of international law. Although the main legal events comprising Westphalian truce, world wars, the foundation of United Nation organization and so on have changed the nature and content of sovereignty in the history of international law, it has remained as a fundamental principle of international law. The lack of correct understanding of this concept can reinforce the obstacles for legal modeling and doctrines. So, through such a historical comparison, the research elaborates the reconceptualization process in the concept of sovereignty and elucidates how sovereignty means in the contemporary international law and how this concept defined by the modern legal doctrine influences international law and globally affects the legal order among states. Discussing the different legal doctrines on the concept of sovereignty in different historical periods, the article reveals the present considerations on sovereignty in contemporary international law.

Pirate Passages in Global History

This Afterword describes some limitations of conceptual histories of piracy and critiques the field’s enduring emphasis on pirates as hostes humani generis, enemies of all mankind. The volume’s chapters show a wide range of representations of pirates and move beyond the idea of a single or uniquely European perspective on piracy that can be compared or contrasted with other approaches. The Afterword summarizes key insights from the chapters and sketches several promising trajectories in research on piracy, including studies of global patterns of maritime violence, analyses of the spatial and political contexts of piracy, and new approaches to piracy in the history of international law.

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

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.

THE “ENGLISH SCHOOL” OF INTERNATIONAL LAW: SOUNDINGS VIA THE 1972 JUBILEE ESSAYS

As part of the Cambridge Law Journal's centenary celebrations, this article reads two essays from the journal's 50th anniversary issue. The essays, by Cambridge professors Robert Jennings and Derek Bowett offer resources for the history of international law and its historiography. They shine a light on key debates on the law of the sea at a crucial moment of its development. A close reading of these essays also reveals starting points for new scrutiny of an “English” tradition of international law, including the place of the academy within the tradition, its blueprints for the future of international law and international legal order, and its relation to empire and capitalism.