ISBN:
9781316618509
,
9780521763387
Language:
English
Pages:
xiv, 397 Seiten
,
Karten
,
24 cm
Edition:
First paperback edition
Series Statement:
Cambridge studies in international and comparative law 115
Series Statement:
Cambridge studies in international and comparative law
Dissertation note:
Teilw. zugl.: Cambridge, Mass., Harvard Law School, Diss., 2010
DDC:
341.09/034
Keywords:
International law History
;
Legal polycentricity
;
Hochschulschrift
;
Internationales Recht
Abstract:
"It was 1878 when for the first time a Chinese and Japanese delegate attended a professional meeting of international lawyers. That year, Kuo-Taj-In (Songtao Guo) and Kagenori Wooyeno (Ueno), attended a session of the Association for the Reform and Codification of the Law of Nations, later renamed International Law Association. Founded in 1873 in Brussels by a group of liberal lawyers, reformist and philanthropists, the International Law Association exists until today as one of the profession's more important organisations. The founding, at the end of the nineteenth century, of this and other professional organisations like the Institut de Droit International marked the beginning of international law as a liberal reformist project.1 Advancing the rule of law in international relations, this project involved the enactment of international rules and the creation of international courts and organisations. It also involved the emergence of an autonomous international legal profession, progressively separated from diplomatic circles and from the representation of the interests of individual states"--
Abstract:
"The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law"--
Description / Table of Contents:
Machine generated contents note: Introduction; Part I. Mestizo International Law: 1. Why a global intellectual history of international law?; Part II. Universal International Law: 2. Appropriating classical legal thought; 3. The imposition and negotiation of rules: hybridity and functional equivalences; 4. The expansion of nineteenth-century international law as circulation; Part III. The Fall of Classical Thought and the Turn to Modern International Law: 5. Sovereignty beyond the West, the end of classical international law; 6. Modern international law: good news for the semi-periphery?; Part IV. Modern International Law: 7. Petitioning the international: a 'pre-history' of self-determination; 8. Circumventing self-determination: league membership and armed resistance; 9. Codifying international law: statehood and non-intervention; Conclusion.
Note:
Based on author's dissertation (SJD - Harvard Law School), 2010
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