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This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
While the works of Hugo Grotius (1583-1645) have long been held in high esteem by international lawyers, this book addresses the broader, and neglected, theme of his contribution to the theoretical and practical aspects of international relations. It critically reappraises Grotius' thought, examining it in relation to his predecessors and in the context of the wars and controversies of his time, and assesses the strengths and weaknesses of the `Grotian' tradition of thought - one which accepts the sovereignty of states but at the same time stresses the existence of shared values and the necessity of rules.
Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.
Despite its significant influence on international law, international relations, natural law and political thought in general, Grotius's Law of War and Peace has been virtually unavailable for many decades. Stephen Neff's edited and annotated version of the text rectifies this situation. Containing the substantive portion of the classic text, but shorn of extraneous material, this edited and annotated edition of one of the classic works of Western legal and political thought is intended for students and teachers in four primary areas: history of international law, history of political thought, history of international relations and history of philosophy.
This collection of essays celebrating the work of Professor Marcelo Kohen brings together the leading scholars and practitioners of public international law from different continents and generations to explore some of the most challenging issues of contemporary international law. The volume is a testimony of esteem and friendship from colleagues and former students, and it covers a vast expanse, reflecting the width and diversity of Professor Kohen’s own contribution. Written in English, French and Spanish, the essays in this volume will appeal to a broad public of academics, practitioners and students of international law from around the world.
This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international law, the forces that delineate and permeate its applications. Secondly, the multiple relations between law and policy are analysed. Politics are a highly relevant factor in the implementation of every legal order (and also a threat to it); this is all the more true in international law, where the two forces, law and politics, have significant links. Thirdly, the discussion focuses on a series of fundamental socio-legal notions: the common good, justice, legal security, reciprocity (plus equality and proportionality), liberty, ethics and social morality, and reason.
The essays collected for this volume represent the best scholarly literature on Hugo Grotius available in the English language. The focus is on Grotius' contribution to political concepts such as liberty and property and to issues in international law and the laws of war. Grotius's work, especially De Jure Belli ac Pacis, is as important as that of other 17th- or 18th-century philosophers and this volume is essential for anyone interested in historical and modern debates on key issues in political and legal philosophy more broadly, and international law in particular.
Reprint of the sole edition of this translation. In this momentous work Grotius describes the situations in which war is a valid tool of law enforcement and outlines the principles of armed combat. Though based on Christian natural law, Grotius advanced the novel argument that his system would still be valid if it lacked a divine basis. In this regard he pointed to the future by moving international law in a secular direction. This edition was abridged by removing most of the quotations from "ancient historians, orators, philosophers, and poets," which are identified in footnotes. As Whewell states in the preface, they tended to "confuse the subject, obscure the reasoning, and weary the reader." By removing them he enhanced clarity and reduced the bulk of the work by "more than a half" (vi). Hugo Grotius [1583-1645], generally acknowledged as the founder of international law, was an influential Dutch jurist, philosopher and theologian. Originally published in 1625, De Jure Belli ac Pacis (On the Law of War and Peace, translated by Whewell as On the Rights of War and Peace) is widely considered to be the first modern treatise on international law. William Whewell [1794-1866] wrote on numerous subjects and is known for the breadth of his endeavors, and his influence on the philosophy of science. He was one of the founding members and an early president of the British Association for the Advancement of Science, a fellow of the Royal Society, president of the Geological Society, and longtime Master of Trinity College, Cambridge.
This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.
In offering a critical analysis of the writings of Cornelius van Bynkershoek (1673-1743) - the eminent Dutch jurist known traditionally as a `positivist', in the history of international law - this work goes beyond an analysis of the `classics' per se to clarify some basic questions concerning the history of international law, such as the relationship between legal doctrine and state practice and the reconsideration of methodological differences among historical figures like Grotius, Pufendorf, and Vattel. It also covers some fundamental problems of international law generally, such as the meaning of positivism and positive law and the function of reason. The work comprises three main parts: - the construction of Van Bynkershoek's general theory of the law of nations, - an overview and analysis of the contemporary practice relevant to his theories on the laws of neutral commerce, and - the 'genealogy' of Van Bynkershoek's works, namely his relation to Grotius and to his later generations of publicists. Scholars and others interested in the past and future direction of international law as a whole will not want to miss this highly original offering.