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Politics and the Histories of International Law: The Quest for Knowledge and Justice

Politics and the Histories of International Law: The Quest for Knowledge and Justice

Author: Raphael Schäfer; Anne Peters
Publisher: Brill Nijhoff
ISBN: 9789004461796
Published In: July 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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What are the implications of writing the history of legal issues?

Eighteen authors from different legal systems and backgrounds offer different answers, by examining the history writing on issues ranging from slavery over the use of force to extraterritorial jurisdiction. Contributions show how historiography has often distorted or neglected regional cultures and suggest alternative methods and approaches to history writing. These studies are highly relevant for current international relations in which the fight over master narratives is especially fierce among governments, in different academic fields, and also between governments and academics.

Politics and the Histories of International Law: An Introduction

Anne Peters, Raphael Schäfer, and Randall Lesaffer

Part 1. International Law and Vulnerable Groups

Chapter 1. Strength through Diversity? The Paradox of Extraterritoriality and the History of the Odd Ones Out

Madeleine Herren

Chapter 2. The Politics of Writing on the History of Slavery in International Law

Anne-Charlotte Martineau

Chapter 3. Edmund Burke and the Ambivalence of Protection for Slaves: Between Humanity and Control

Parvathi Menon

Chapter 4. One Hundred Years of Soli(dari)tude: The Creation of the Refugee Regime and the Politics of Humanitarianism

Momchil Milanov

Part 2. The Use of Force Discourse in a Historical Perspective

Chapter 5. Theorising Order in the Shadow of War: The Politics of International Legal Knowledge and the Justification of Force in Modernity

Hendrik Simon

Chapter 6. The Road to Collective Security: Soviet Russia, the League of Nations, and the Emergence of the ius contra bellum in the Aftermath of the Russian Revolution (1917–1934)

Etienne Henry

Chapter 7. Three Wartime Textbooks of International Law

Deborah Whitehall

Part 3. Regional and Cultural Variations of International Law

Chapter 8. The Politics of History in the Late Qing Era: William A. P. Martin and a History of International Law for China

Maria Adele Carrai

Chapter 9. Mixed Claims Commissions in Latin America during the 19th and 20th Centuries: The Development of International Law in between Caudillos and Revolutions

José Gustavo Prieto Muñoz

Chapter 10. The Forgotten Continent? A South African Perspective on the Development of African International Legal Thought

Angelo Dube and Lindelwa Mhlongo

Chapter 11. International Law and the European Court of Justice: The Politics of Avoiding History

Michel Erpelding

Part 4. The Looming of the Past over the 20th Century

Chapter 12. Civilisation, Protection, Restitution: A Critical History of International Cultural Heritage Law in the 19th and 20th Century

Sebastian M. Spitra

Chapter 13. International Law, Science and Psychology in the New Haven School

Ríán Derrig

Chapter 14. Histories Hidden in the Shadow: Vitoria and the International Ostracism of Francoist Spain

Julia Bühner