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Epilogue: Bogotá, Law, Time, and Politics Journal of the History of International Law Pub Date : 2024-04-06 George Rodrigo Bandeira Galindo
This special issue offers contemporary international lawyers a unique opportunity to be self-conscious about how those involved in the 1948 Bogotá Conference politicized time and how historical narratives about that Conference do the same. They treat the American region as an object of study in itself in international law, and avoid falling into the habit of many international lawyers in facing universalism
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Locating the 1948 Economic Agreement of Bogotá: The Rise and Fall of Latin America’s International Economic Law Project Journal of the History of International Law Pub Date : 2024-04-06 Nicolás M. Perrone
This article claims that Latin America developed a competing International Economic Law project in the 1940s. These ideas and practices served the region to imagine its economic development process. Through the work of economists and lawyers – especially international lawyers – Latin America envisioned a future of industrialization and designed a strategy to make it happen. In the 1940s, many Latin
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The (Latin) American Dream? Human Rights and the Construction of Inter-American Regional Organisation (1945–1948) Journal of the History of International Law Pub Date : 2024-04-06 Francisco-José Quintana
The American Declaration of the Rights and Duties of Man is often cited as evidence of the longstanding centrality of human rights in Latin American approaches to international law. However, when the Declaration is brought into the history of inter-American regionalism, a more complex picture emerges. This article places the early codification efforts of regional human rights within the post-war construction
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Indigeneity at the 1948 Bogotá Conference Journal of the History of International Law Pub Date : 2024-04-06 Lucas Lixinski
The article examines the history and legacy of the Bogotá diplomatic conference of 1948 in relation to Indigenous peoples. Indigenous voices were entirely absent from the Bogotá conference itself, and delegates relied instead on certain assumptions and narratives largely drawn from the Indigenismo movement in the Americas at the time. In considering Indigenous peoples as part of a broader social agenda
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The Blood Brotherhood and Colonial Treaties and Alliances: Between Myth and Reality Journal of the History of International Law Pub Date : 2024-04-06 Inge Van Hulle
This article examines the representation and use of the blood exchange between European expeditionary leaders, that worked in the service of king Leopold II, and African rulers in Central and East Africa during the late nineteenth century. While the blood brotherhood played a role in the appeasement of African rulers and the conclusion of treaties, the details and origins of the procedure are often
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Organizing Peace in the Americas: Collective Security versus International Adjudication Journal of the History of International Law Pub Date : 2024-04-06 Justina Uriburu
American states concluded two treaties to organize peace in the postwar world: the Rio Treaty (1947) and the Pact of Bogotá (1948). At first sight, they appear to reflect a division of tasks: the Rio Treaty would address threats to the peace and security of the Americas, and the Pact of Bogotá would help solve the disputes between American states. However, the Rio Treaty’s dominance during the Cold
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Regional Imaginations of Peace: The Work of the Rio Committee and the Antecedents of the Pact of Bogota (1942–1947) Journal of the History of International Law Pub Date : 2024-04-06 Fabia Fernandes Carvalho
This contribution re-describes the work of the Rio Committee in international law concerning dispute settlement in the Americas between 1942 and 1947. The work of the Rio Committee constitutes a crucial doctrinal and institutional experience that underpins the fundamental transformations experienced in Pan-Americanism considering the meeting of the Ninth International Conference of American States
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‘A Jurisprudence for the Future’: Anticolonial Lawyering during the Vietnam War Years Journal of the History of International Law Pub Date : 2024-01-31 Charlotte Kiechel
This article explores the dilemmas of progressive legalism during the Vietnam War years (1965–1975) by investigating the history of the Russell Tribunal. Scholars have argued that the 1960s witnessed a flourishing of anticolonial legalism, as activists sought to purge international law of its imperial origins. However, as the history of the Russell Tribunal shows, the transformation of law from a handmaiden
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A New History for Human Rights: Conflict of Laws as Adjacent Possibility Journal of the History of International Law Pub Date : 2024-01-31 León Castellanos-Jankiewicz
The pivotal contributions of private international law to the conceptual emergence of international human rights law have been largely ignored. Using the idea of adjacent possibility as a theoretical metaphor, this article shows that conflict of laws analysis and technique enabled the articulation of human rights universalism. The nineteenth-century epistemic practice of private international law was
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The Construction of Global Hierarchies through Disarmament Law Journal of the History of International Law Pub Date : 2023-12-12 Anna Hood
This article explores how the Great Powers have employed different forms of disarmament law as tools of governance for constructing and reinforcing global hierarchies since the end of the nineteenth century. I argue that some of the laws have affected entities’ statehood, some have impacted states’ sovereignty, some have worked to symbolically lower the status of states in the eyes of the international
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British Utilitarianism after Bentham: Nineteenth-Century Foundations of International Law II Journal of the History of International Law Pub Date : 2023-07-29 Robert Schütze
What are the legal principles of British utilitarianism in the long nineteenth century; and what conception(s) of international law do they offer? The celebrated founder of the utilitarian school is Jeremy Bentham, who categorically rejects all metaphysical natural law thinking by insisting that all positive law ought to be adopted by a legislature. But in the absence of a world legislature, what did
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A History of Double Criminality in Extradition Journal of the History of International Law Pub Date : 2023-06-20 Neil Boister
This article sets out the history of double criminality in the law of extradition. It shows how that it only emerged as a legal requirement in the ‘Jay Treaty’, the 1794 treaty between theUSand UK. The article explores how the ‘Jay proviso’, a procedural requirement that the requesting state produce sufficient evidence to satisfy the requested state of the criminality of the requested person, morphed
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The Historical School and German International Legal Thought in the 19th Century Journal of the History of International Law Pub Date : 2023-06-15 Jochen von Bernstorff, Max Mayer
This article traces the influence of the German Historical School of Law around Friedrich Carl von Savigny has had on various fundamental concepts of international law during the 19th and into the beginning of the 20th century in a detailed manner. During this time, the Historical School’s radical reformulation of the notion of law as a peoples’ spiritual essence unfolding through its habitual social
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The Alaskan Fur-Seal Crisis: Science, Capital, and Multilateralism in the Settlement of International Biodiversity Disputes Journal of the History of International Law Pub Date : 2023-04-11 James Hickling
The history of the Alaskan fur-seal crisis shows that the development of international environmental law and the peaceful settlement of biodiversity-related disputes can occur over the very long term, through a dynamic, iterative, and cyclical process that involves four key steps: the sorting of competing interests; the sifting of evidence and expert opinion; convergence on shared values; and the articulation
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Past and Present? Greece in International Arbitration in the Twentieth Century Journal of the History of International Law Pub Date : 2023-04-11 Despina-Georgia Konstantinakou
During the twentieth century, international arbitration became an integral part of interstate dispute resolution. Greece, a small state with no particular influence, also rushed to utilize arbitration to pursue its interests, resolve intense disputes and ultimately stabilize its position in the international system. This article will discuss if and how lower-level settlement procedures can impact smaller
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Writing a Transnational (Global?) History of Extradition Law in the Short Twentieth Century: Beyond Western-Centric Approaches Journal of the History of International Law Pub Date : 2023-04-11 Pablo del Hierro, Lucas Lixinski
The article examines the history of extradition in the twentieth century, to call for a broader engagement with extradition law not only as an under-explored chapter in international law in its own right, but also as a pathway to think more deeply about world-ruling projects. Extradition law, normally thought of as primarily bilateral, in fact has a long and rich history of multilateral engagement
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Planning for the Aftermath. Longue Durée Histories for a New International Legal Order in Kelsen, Lauterpacht and De Visscher Journal of the History of International Law Pub Date : 2023-02-02 Jacob Giltaij
As early as the 1930s, the development of plans for an international legal order to be created in the aftermath of the Second World War were commonplace. This particularly concerned a group of refugee scholars hailing from the German-speaking academic world. The plans of three scholars that were personally affected by the Nazi regime are discussed, those of Hans Kelsen, Hersch Lauterpacht and Charles
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Civilising Violence: International Law and Colonial War in the British Empire, 1850–1900 Journal of the History of International Law Pub Date : 2023-02-01 Christopher Szabla
What was the relationship between international law and colonial warfare in the period of both increasingly formal imperialism and international law’s professionalisation and codification in the nineteenth-century’s second half? Existing work may lead to assumptions that international law would not be seen to apply to colonial wars, or served to justify them alone. This article turns away from previous
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Tears of the Olive Trees: Mandatory Palestine, the UK, and Reparations for Colonialism in International Law Journal of the History of International Law Pub Date : 2022-12-23 Ralph Wilde
The Palestinian people seek a reckoning for the failure of the UK to enable their self- determination during the League of Nations Mandate period and in 1948. The common view of international lawyers is that the law of self-determination only became applicable to colonial peoples in the second half of the 20th Century. Consequently, the UK, and the League Council, had a free hand on the question of
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Petro-States’ Shaping of International Law Journal of the History of International Law Pub Date : 2022-11-28 Lys Kulamadayil
This article highlights the marks left on international law by Iran’s and Algeria’s early, and mid-20th century paths to re-claiming sovereignty over their petroleum reserves. It shows that Iran has significantly affected the contractual model of petroleum operations, whereas Algeria has championed the international law turn of third world internationalism. It thus hopes to shift attention from the
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Allying with Unbelievers: Hugo Grotius’s Letters to East-Indian Rulers Journal of the History of International Law Pub Date : 2022-10-24 Marc de Wilde
The article examines a series of letters written by Hugo Grotius to East-Indian rulers on behalf of the Dutch East India Company (VOC). Drafts of these letters have been preserved at the Dutch National Archives. In his letters, Grotius developed several new ideas about alliances with non-Christians, which would later be included in his writings on natural law and the law of nations. He addressed the
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The Person of the State: The Anthropomorphic Subject of the Law of Nations Journal of the History of International Law Pub Date : 2022-10-24 Adam Strobeyko
The analogy between the natural individual and the ‘person’ of the State has played an important role in the development of the law of nations. The early modern theorists of the law of nations have employed various anthropomorphic vocabularies in order to describe the State and to explain the functioning of international legal obligations. This article traces the role of anthropomorphic assumptions
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The Absent Player: The Soviet Union and the Genesis of the Allied War Crimes Trials Program, 1941–1943 Journal of the History of International Law Pub Date : 2022-07-29 Valentyna Polunina
During World War II, it was important for the Kremlin to be a part of the Allied effort to prosecute war criminals, and initially Moscow planned to join the UNWCC. However, attempts by the Soviet Union to increase its influence on the Commission led to the opposition of the Western Allies. The USSR wanted to demonstrate that they were capable of conducting their own investigations. With this task in
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The Imperial Precipice: Jurists and Diplomats of the French Empire at the United Nations War Crimes Commission Journal of the History of International Law Pub Date : 2022-07-29 Ann-Sophie Schoepfel
Delving into world-spanning legal agencies, histories of exiled diplomats and lawyers, this paper explores how Free France defended at the United Nations War Crimes Commission the vision of the interwar liberal order, one that reached across the global territories of the mandate system administered by the League of Nations, into the colonial territories of the French empire. From London to Chongqing
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Theorizing the Normative Significance of Critical Histories for International Law Journal of the History of International Law Pub Date : 2022-07-28 Damian Cueni, Matthieu Queloz
Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories
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German Idealism after Kant: Nineteenth-Century Foundations of International Law Journal of the History of International Law Pub Date : 2022-07-25 Robert Schütze
What are the legal principles of German idealism in the long nineteenth century; and what conception(s) of international law do they offer? Opposing Kantian rationalism and its formalist law, two idealist reactions do emerge in the early decades of the nineteenth century. The first is offered by Hegel whose conception of state law will make him the principal representative of the future deniers of
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Australian Representatives to the UNWCC, 1943–1948 Journal of the History of International Law Pub Date : 2022-07-14 Narrelle Morris
Australia had a number of significant personnel involved in the United Nations War Crimes Commission (UNWCC). Yet the strongest Australian influence on the UNWCC was not Australian at all; it was the British-born jurist Lord Wright of Durley, who served as Australia’s representative from mid-1944 and as UNWCC chair during the pivotal years from 1945 to 1948. Lord Wright took charge only months before
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Crossroads in London on the Road to Nuremberg: The London International Assembly, Exile Governments and War Crimes Journal of the History of International Law Pub Date : 2022-07-14 Julia Eichenberg
During the Second World War, representatives of occupied European countries fled the continent, mostly to Great Britain. From 1940 onwards, exiled political representatives of Belgium, Czechoslovakia, Greece, Luxembourg, the Netherlands, Norway, Poland, Yugoslavia and Free France were situated in London. This initiated debates about a broad range of legal issues, ranging from recognition and legitimacy
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Epistemic Communities of Exile Lawyers at the UNWCC Journal of the History of International Law Pub Date : 2022-07-07 Kerstin von Lingen
During the 1940s in London, exiled lawyers from Europe and Asia were among the main actors in coining one of the most known principles of international criminal law. The notion of ‘crimes against humanity’ emanated from their legal debates. This paper debates how the term surfaced in meetings of the United Nations War Crimes Commission (UNWCC) in 1944 and was taken up by the London Charter for the
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A Lawyer in Exile: Johannes M. de Moor and the Circulation of Legal Knowledge in Wartime London Journal of the History of International Law Pub Date : 2022-07-07 Sara Weydner
De Moor’s biography illustrates how people and ideas travelled between and within national and transnational spaces. He played a role in the circulation of legal knowledge in the transnational epistemic community, more precisely between the Cambridge Commission and the London International Assembly. In thinking about the future of the international order and the place of nation states within it, De
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The Origins of Regional Ideas: International Law, External Legitimization and Latin America’s ‘legalismo’ Journal of the History of International Law Pub Date : 2022-07-07 Nicole Jenne
Latin American politics are widely characterized by legalismo: a set of practices that can be traced to the notion of a continental or regional, American or Latin American International Law (AIL/LAIL) including the American international congresses and treaties, the practice of invoking AIL/LAIL’s various principles, and the use of judicial and quasi-judicial means of conflict resolution. However,
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Exclusion vs Cooperation in the Utilisation of Transboundary Watercourses: The Case for Decolonising the Nile Water Agreements Journal of the History of International Law Pub Date : 2022-06-09 Fekade Abebe
The relationship between Egypt and Ethiopia was marked with tension for centuries due to the utilisation of the Nile river. Recently, it took a turn for the worst after Ethiopia announced it is building the Grand Ethiopian Renaissance Dam (GERD) on the Nile river. This article argues that one important explanation for the deep-seated disagreements between Egypt and Ethiopia is the history of the legal
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The Historical Origins of the Duty to Save Life at Sea in International Law Journal of the History of International Law Pub Date : 2022-06-09 Irini Papanicolopulu
The article looks into the historical development of the international law duty to save life at sea. It argues that this duty has its origins into legal sources that predated the genesis of international law in the sixteenth century. According to these sources, three separate sets of norms were developed to address the need to save life at sea: rules on the safety of navigation; rules concerning assistance
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Pan-Americanism as a Hemispheric Model for a Global Order?: The Pan-American Peace Pact of 1914 Journal of the History of International Law Pub Date : 2022-06-09 Klaas Dykmann
Some in US President Woodrow Wilson’s administration saw an opening to seize several opportunities in 1914 to present the United States as a hemispheric unifier offering an alternative for war-torn Europe. Since an international convention or a negotiated solution in Europe seemed unlikely, the US tried to establish a peace agreement for the western hemisphere to universalise American international
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Acquisitive Prescription in Early Modern International Law Journal of the History of International Law Pub Date : 2022-03-30 Alexander Batson
This article examines the role of Roman acquisitive prescription in early modern international law debates. The ubiquity of prescription demonstrates the importance of Roman private law in the development of international law. Yet, although it was a widely-used juristic concept, there was no consensus about its legitimacy in international relations from 1500 to 1800. Debates raged over whether it was
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The Implicated Subject: Beyond Victims and Perpetrators, written by Michael Rothberg Journal of the History of International Law Pub Date : 2022-03-04 Deborah Whitehall
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Legal Models and Methods of Western Colonisation of the South Pacific Journal of the History of International Law Pub Date : 2022-03-04 Sarah Heathcote
This article addresses the legal models and methods used by the Western powers to colonise the South Pacific. It first focuses on the informal empire in the last third of the nineteenth century and up to World War I. This is the period in which control is gained by the Western powers but responsibility averted since in most cases sovereignty over the territories concerned is not yet acquired. The legal
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The Legal Status of Historic Bays in the Light of the Works of the League of Nations Committee of Experts for the Progressive Codification of International Law Journal of the History of International Law Pub Date : 2022-03-04 Tomasz Kamiński
The status of historic bays has developed over time and forms a part of customary international law. Interestingly, that issue has never been codified in international treaties regarding the law of the sea. However, it has always been discussed in the codification works on that topic carried out in the 20th century within the international organisations. This article discusses, in brief, the origins
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Use, War, and Commercial Society. Changing Paradigms of Human Relations with Animals in the Early Modern Law of Nature and of Nations Journal of the History of International Law Pub Date : 2022-03-04 Annabel Brett
The ideas of a human war on nature, and a human war on animals more specifically, are now current in international politics and international law. This article unearths a historical understanding of war on animals as one paradigm of human relations with animals in the early modern law of nature and of nations (16th to 18th centuries). It shows how dominium (property or mastery) over animals was placed
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War and Peace. Alberico Gentili and the Early Modern Law of Nations, written by Valentina Vadi Journal of the History of International Law Pub Date : 2021-12-23 Peter Schröder
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Disarmament Debates around the 1899 Hague Peace Conference and the 1921–1922 Washington Conference: Community-Oriented Aspirations and Individual Security Concerns Journal of the History of International Law Pub Date : 2021-10-05 Mika Hayashi
When disarmament started to interest the major states and international lawyers at around the time of the 1899 Hague Conference, two distinct positions concerning the law of disarmament became apparent: proponents and opponents. The proponents, with their community-oriented aspirations, found much merit in establishing the law of disarmament, while the opponents, with their individual security concerns
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The United States and Human Rights Marginalization at the International Court of Justice, 1945–1950 Journal of the History of International Law Pub Date : 2021-10-05 Olivier Barsalou
Using the 1950 International Court of Justice (ICJ) Paris Peace Treaties advisory opinions as a vantage point, this articles explores the changing attitude of the American government towards the emerging United Nations human rights regime and the latter became entangled in Cold War politics. The first part situates the contribution of this article within the postwar human rights historiography. The
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International Law and the Cold War, edited by Matthew Craven, Sundhya Pahuja and Gerry Simpson Journal of the History of International Law Pub Date : 2021-09-15 Etienne Peyrat
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A Luminous Trace. Commemorating the Frankfurt Lawyer and Historian of International Law Michael Stolleis (20 July 1941–18 March 2021) Journal of the History of International Law Pub Date : 2021-06-18 Miloš Vec,Raphael Schäfer
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The Tokyo War Crimes Tribunal, Law, History, and Jurisprudence, written by David Cohen and Yuma Totani Journal of the History of International Law Pub Date : 2021-05-18 Sophia Müller
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Spotlight-Interview with Mark Somos Journal of the History of International Law Pub Date : 2021-05-18 Raphael Schäfer,Maren Körsmeier
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Experiments in International Adjudication: Historical Accounts, edited by Ignacio de la Rasilla and Jorge E. Viñuales Journal of the History of International Law Pub Date : 2021-05-18 Christian J Tams
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Isidore of Seville on ius gentium: The View of a Theologian Journal of the History of International Law Pub Date : 2021-05-06 Bart Wauters
In this article, my objective is to provide an understanding of Isidore of Seville’s enormously influential definition of ius gentium in its own right. Recent studies have primarily focused on the legal aspects of Isidore’s conception of ius gentium. However, while Isidore as a man of learning was familiar with the legal categories he used, it is by no means certain that his understanding of legal
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Making International Law Truly ‘International’?: Reflecting on Colonial Approaches to the China-Vietnam Dispute in the South China Sea and the Tribute System Journal of the History of International Law Pub Date : 2021-05-06 So Yeon Kim
Before non-European regions adopted international law, a different set of law of territory governed the non-European regions. Notwithstanding their differences, international courts and tribunals have approached non-European territorial disputes through a single lens of Eurocentric international law. The general claim of this article is that international courts and tribunals should approach non-European
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Towards a History of the Decolonization of International Law. An Introduction to the Special Issue Journal of the History of International Law Pub Date : 2021-02-24 Natasha Wheatley, Samuel Moyn
After an age of excitement of historians and lawyers with renewed interest in the imperial origins and settings of international law, recent scholarship has begun to turn to the history of the field’s decolonization. The Third World Approaches to International Law movement, of course, arose out of and continues to call for a decolonization of international law. But the fact is that, as of today, we
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Human Shields: A History of People in the Line of Fire, written by Neve Gordon and Nicola Perugini Journal of the History of International Law Pub Date : 2021-02-24 Emily Crawford
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A History of International Law in Italy, edited by Giulio Bartolini Journal of the History of International Law Pub Date : 2021-02-24 Elisabetta Fiocchi Malaspina
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Islamic Law of the Sea: Freedom of Navigation and Passage Rights in Islamic Thought, written by Hassan S. Khalilieh Journal of the History of International Law Pub Date : 2021-02-24 Fahad Ahmad Bishara
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The Trial of the Kaiser, written by William A. Schabas Journal of the History of International Law Pub Date : 2020-12-18 David Cohen
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