Coll. The History and Theory of International Law, 368 pages

Présentation de l'éditeur

This book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s.

The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.

Guy Fiti Sinclair, Senior Lecturer, Victoria University of Wellington Law School

Sommaire

Introduction

Part I The International Labour Organization, technical assistance, and the welfare state 1919-1945

1: From standard-setting to technical assistance
2: Into development

Part II The United Nations, peacekeeping, and the postcolonial state 1945-1964

3: From collective security to peacekeeping
4: Into international executive rule

Part III The World Bank, governance, and the managerial state 1944-2000

5: From reconstruction to development
6: Into governance

Conclusion

Coll. The History and Theory of International Law, 464 pages

Présentation de l'éditeur

The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations.

The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

Charles Henry Alexandrowicz (1902-1975) was a Polish scholar who pioneered research in the critical history of international law in the 1950s and 1960s. His works included World Economic Agencies, Law and Practice (1962); An Introduction to the History of the Law of Nations in the East Indies (1967); The Law of Global Communications (1971); and The Law-Making Functions of the Specialised Agencies of the United Nations (1973).

David Armitage is the Lloyd C. Blankfein Professor of History at Harvard University, where he teaches intellectual and international history. He is also an Affiliated Faculty member at Harvard Law School and an Affiliated Professor in Harvard's Department of Government. Among his publications areThe Ideological Origins of the British Empire (2000),The Declaration of Independence: A Global History (2007),Foundations of Modern International Thought (2013),The History Manifesto (co-auth., 2014), and Civil Wars: A History in Ideas (2017).

Jennifer Pitts is Associate Professor of Political Science at the University of Chicago. She is author of A Turn to Empire: the rise of imperial liberalism in Britain and France (2005) and editor and translator of Alexis de Tocqueville: writings on empire and slavery (2001). She is currently completing a book,Boundaries of the International, that explores European debates over legal relations with extra-European societies during the eighteenth and nineteenth centuries.

Sommaire

1: 'This Modern Grotius': An Introduction to the Life and Thought of C.H. Alexandrowicz, David Armitage and Jennifer Pitts

PART ONE: THE EARLY HISTORY OF THE LAW OF NATIONS

2: Kautilyan Principles and the Law of Nations (1965-66)
3: Paulus Vladimiri and the Development of the Doctrine of the Coexistence of Christian and Non-Christian Countries (1963)
4: Mogul Sovereignty and the Law of Nations (1955)

PART TWO: ASIA AND THE LAW OF NATIONS

5: 'Jus Gentium' and the Law of Nature in Asia (1956)
6: Some Problems in the History of the Law of Nations in Asia (1963)
7: Le Droit des Nations aux Indes Orientales: Aux XVIe, XVIIe, XVIIIe siècles (1964)
8: Grotius and India (1954)
9: Freitas Versus Grotius (1959)
10: The Discriminatory Clause in South Asian Treaties in the Seventeenth and Eighteenth Centuries (1957)
11: A Persian-Dutch Treaty in the Seventeenth Century (1958)
12: Puffendorf-Crull and the Afro-Asian World (1968-69)
13: A Treatise by J. H. G. Justi on Asian Government (1960-61)
14: Doctrinal Aspects of the Universality of the Law of Nations (1961)
15: G. F. de Martens on Asian Treaty Practice (1964)
16: The Continuity of the Sovereign Status of China in International Law (1956)
17: The Legal Position of Tibet (1954)
18: Is India a Federation? (1954)

PART THREE: AFRICA AND THE LAW OF NATIONS

19: Le Rôle des Traités dans les Relations entre les Puissances Européennes et les Souverains Africains (Aspects historiques) (1970)
20: The Partition of Africa by Treaty (1974)
21: The Role of Treaties in the European-African Confrontation in the Nineteenth Century (1975)
22: The Role of German Treaty Making in the Partition of Africa (1980)
23: The Juridical Expression of the Sacred Trust of Civilization (1971)

PART FOUR: THE RECOGNITION OF NEW STATES IN INTERNATIONAL LAW

24: Empirical and Doctrinal Positivism in International Law (1974-75)
25: The Theory of Recognition in Fieri (1958)
26: The Quasi-Judicial Function in the Recognition of States and Governments (1952)
27: Israel in Fieri (1951)
28: New and Original States: The Issue of Reversion to Sovereignty (1969)
29: The New States and International Law (1974)
30: The Charter of Economic Rights and Duties of States (1975)

Bibliography of the Writings of C. H. Alexandrowicz

Coll. The History and Theory of International Law, 200 pages

Présentation de l'éditeur

For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse.

Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. 

In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.

Contributors :

Tilman Altwicker, Zurich
Kirstin Bunge, Hamburg
Nehal Bhuta, Florence
Sergio Dellavalle, Turin
Carla De Pascale, Bologna
Pierre-Marie Dupuy, Paris
Thomas Duve, Frankfurt
Vanda Fiorillo, Naples
Mónica García-Salmones, Helsinki
Jonas Heller, Frankfurt
Gunther Hellmann, Frankfurt
Thomas Hüglin, Waterloo/Ontario
Stefan Kadelbach, Frankfurt
Thomas Kleinlein, Frankfurt
Martti Koskenniemi, Helsinki
David Roth-Isigkeit, Frankfurt
Bastian Ronge, Berlin
Tobias Schaffner, Cambridge
Merio Scattola, Padua
Benedict Vischer, Heidelberg/Frankfurt
Christian Volk, Trier
Armin von Bogdandy, Heidelberg
Andreas Wagner, Frankfurt
Simone Zurbuchen, Lausanne

Sommaire

Introduction, Stefan Kadelbach, Thomas Kleinlein and David Roth-Isigkeit

Part I Authors

1: Niccolò Machiavelli's International Legal Thought: Culture, Contingency, and Construction, David Roth-Isigkeit
2: Francisco de Vitoria: A Redesign of Global Order on the Threshold of the Middle Ages to Modern Times, Kirstin Bunge
3: Francisco Suárez S. J. on the End of Peaceful Order among States and Systematic Doctrinal Scholarship, Tobias Schaffner
4: Jean Bodin on International Law, Merio Scattola
5: Alberico Gentili: Sovereignty, Natural Law, and the System of Roman Civil Law, Andreas Wagner
6: Althusius: Back to the Future, Thomas Hüglin
7: Hugo Grotius on the Conquest of Utopia by Systematic Reasoning, Stefan Kadelbach
8: Orders in disorder: The Question of a Sovereign State of Nature in Hobbes and Rousseau, Jonas Heller
9: The International Legal Argument in Spinoza, Tilman Altwicker
10: States as Ethico-Political Subjects of International Law: The Relationship between Theory and Practice in the International Politics of Samuel Pufendorf, Vanda Fiorillo
11: Christian Wolff: System as an Episode?, Thomas Kleinlein
12: The Law of the Nations as the Civil Law of the World: On Montesquieu's Political Cosmopolitanism, Christian Volk
13: Emer de Vattel on the Society of Nations and the Political System of Europe, Simone Zurbuchen
14: Towards a System of Sympathetic Law: Envisioning Adam Smith's Theory of Jurisprudence, Bastian Ronge
15: Systematicity to Excess Kant's Conception of the International Legal Order, Benedict Vischer
16: Fichte and the Echo of his Internationalist Thinking in Romanticism, Carla De Pascale
17: The Plurality of States and the World Order of Reason: On Hegel's Understanding of International Law and Relations, Sergio Dellavalle

Part II Perspectives on the Philosophy of International Law

18: What should the History of the Law of Nations Become?, Martti Koskenniemi
19: State Theory, State Order, State System: Ius Gentium and the constitution of Public Power, Nehal Bhuta
20: Spatial Perceptions, Juridical Practices, and Early International Legal Thought around 1500: From Tordesillas to Saragossa, Thomas Duve
21: The Disorder of Economy? The first Relectio de Indis in a Theological Perspective, Mónica García-Salmones
22: Power and Law as Ordering Devices in the System of International Relations, Gunther Hellmann
23: Universalism and Particularism: A Dichotomy to Read Theories on International Order, Armin von Bogdandy and Sergio Dellavalle

Some Brief Conclusions, Pierre-Marie Dupuy

Coll. Law 2017, 200 pages

Présentation de l'éditeur

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments. 

Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions – with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. 

With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.

Sommaire

Introduction

1. Roman Law

2. The Early Middle Ages

3. The Late Middle Ages

4. The Early Modern Age

5. The Bourgeois Age

6. Common Law