History of International Legal Thought

A German language contribution to Immanuel Kant's tricentennial this year. I propose two things: to read his Doctrine of Right back to front, starting with cosmopolitan right, and to take seriously his distinction between provisional and peremptory right. I argue that this distinction applies to cosmopolitan right. The interpretation proposed throws light on recent discussions about Kant's racism, and on possible corrective steps to be taken to move forward with the realization of cosmopolitan right.

This is a translation of the Introduction and the second part of three chapters of my book, Thoughts and Behaviour on ‘Global Relations’ (Koyo Shobo, 2024). The first one was originally published in 2006, in Norihisa Yamashita ed., On Empire (Kodansha Sensho Metier). The second was originally published in 2016, in Norihisa Yamashita, Hiroaki Ataka, and Atsushi Shibasaki eds., Deconstructing the Westphalian Discourse: International Relations as Historiography (Nakanishiya Publishing), Chapter 1. The third one was originally published in 2021, in Ryosuke Takahashi and Nozomu Yamazaki eds., Challenge to Chrono- Politics: Temporal Turn in the study of political science (Minerva Publishing), Chapter 11.
The brief guidance of those papers are to be found in Introduction: The History of the Idea of Global Relations as a Movement for the Perception of the World of Universal Relations in JOGMS 34, “‘Un Poco Loco’ Set-Trilogy on Future of the Study of International Relations: From IR, GIR, to the Study of Global Relations and beyond”.

Despite growing interest in the international legal history of decolonisation, significant elisions remain. Through a 'symptomatic reading' of recent engagements with that history, this article argues that such work contributes to an erasure of the Marxist tradition in the history of the Third World movement. It argues that Marxism and a Marxist theory of imperialism were important influences on anti-colonial political thought and practice, while also shaping radical Third World lawyers' attitudes towards the relationship between international law and imperialism and the uses and limits of the former in challenging the latter. Against the erasure of this tradition, the article calls for a recovery of silenced histories of radicalism and antiimperial thought and of a tradition that still offers resources for an emancipatory politics grounded in a critique of international law, imperialism and global capitalism.

Сергеев И. П. Вытеснение религии из повседневной жизни населения СССР в 20-е годы // Эпоха. Культуры. Люди (история повседневности и культурная история Германии и Советского Союза.1920 -1950-е годы) / Материалы международной научной конференции (Харьков, сентябрь 2003 г.

Erwin Schrödinger held Austrian, German, and Irish nationalities, at different times in his life. This Article, however, is not about the famed physicist's nationalities, but a paradox along the lines of "Schrödinger's cat:" Can a person both be a citizen of one or even several states, and stateless at the same time? Perhaps it is possible: refugees, alleged terrorists, and stateless persons sometimes find themselves in this situation, where two states both claim that the other state is responsible for them. Determining foreign nationality is harder than it seems, because nationality is determined by a slew of contradictory legal norms. Some of these are based on birth, others on desert, others on pure discretion. Some international law stresses the freedom of each state to determine its nationals, while other norms accent the limits based on human rights, public policy, national security, or simply what is considered usual and acceptable in most states. This Article argues that the contradictory norms for creating and determining nationality are the results of two fundamentally opposed visions of nationality. The constitutive vision of nationality considers it purely a matter of state will and positive law. The declarative vision connects it to the "natural facts" of inheritance, lifestyle, and lived experience. The opposition between declarative and constitutive visions of nationality create three citizenship gaps from which Schrödinger's Citizenship emerges: the time gap (whether nationality exists from the time of determination or retroactively to birth); the foreign interpretation gap (whether the establishment of nationality is exclusively up to the state in question, or whether it can be established by foreign legal actors as well); and the administrative gap (whether statutory rights to citizenship are in fact easy to access, or made hard or even impossible through administrative (in)action). Neither the constitutive nor the declarative vision can be eliminated from the law, at least not without grotesque results for some states and persons. However, the application of a foreign state's nationality laws without that state's approval and acceptance cannot be legal.

The Karen McCarthy and Lorna Jackson-Littlewolfe v. Whitefish Lake First Nation #128 case develops doctrine in two related areas in Aboriginal law. One area is the nature of the relationship between Aboriginal governments and the Canadian Charter of Rights and Freedoms, including the relevance of the question of the source of self-government authority (delegated, constitutional, or inherency) to the application of the Charter. The second area of development flows from the first. It relates to the application of section 25 — specifically, what categories of rights are included in the protection of section 25 and the parameters of its “shielding” function in the context of a challenge to an internal restriction by a member of a self-governing First Nation. The development of doctrine in this area is needed. However, there are concerns about how the courts are moving to apply section 32(1) to Indigenous governments from the perspective of constitutional reconciliation. This concern corresponds to further issues regarding the application of section 25 and the question of the relationship between the Charter and Indigenous jurisdiction more generally. This comment explores these issues in the context of the case.

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Un testo nel complesso importante che fornisce un utile strumento per lo studio della storia dell'esclusione degli ebrei dagli atenei italiani. Un quadro quest'ultimo che è finalmente in via di completamento anche grazie alla pubblicazione degli atti del convegno internazionale Le conseguenze delle Leggi razziali del 1938 sulle università italiane, in cui è presente anche una sintesi del lavoro di Graffone.

In this article, I reconceptualise the League of Nations as an Imperial Assemblage that embeds and is embedded by coloniality. Relying on the return to the League's historisisation by Third World Approaches to International Law, I argue that we can understand the League as a governance body that works across scales of international, transnational and local actors, processes and structures to reiterate coloniality within the mandated territories. I utilise Deleuzian notions of assemblage alongside the concept of 'coloniality' within the literature of decolonial theory within International Relations and Sociology to show how the work of the League's various actors, processes and structures across different scales made, actualised and evolved the laws on Forced Labour and Slavery from 1925 to 1932 in the inter-war era with a particular focus on Mandate Territories B and C.

BACKGROUND: Last 26 January the International Court of Justice delivered its order on precautionary measures requested by South Africa in the proceedings instituted against Israel for the alleged violation of the Genocide Convention in relation to Palestines in the Gaza Strip. This is the first of two articles in which we refer first, to the arguments of both parties to the conflict and the provisional decision of the Court, and a future one in which we will analyse the use of the Genocide Convention as the only means that States have to bring before the jurisdiction of the Court, States accused of committing any of the three major international crimes (war crimes, crimes against humanity and genocide). While forms of commission basically overlap, each of the crimes has a clearly defined normative status with its own principles. The work of the Court in recent years in which the Genocide Convention was invoked, involves protecting both the lives of affected civilians and the essence of the historic instrument. At this point, the proof of the special intent to destroy a conventional protected group becomes paramount. RESULTS: Results have implications for the ongoing processes at the International Court of Justice in which Myanmar, the Russia Federation, Syria and Israel are being accused of violating the Genocide Convention, as well as future situations in which civilians suffered allegedly criminal acts committed by States. CONCLUSIONS: The case law that the Court is elaborating around the the proof of the special intent required, aa well about any precautionary measure requested, will be essential to distinguish the crime of genocide from other international instruments that are part of

Wenn Wissenschaftler zusammenkommen, die normative Ordnungen erforschen, präsentieren sie jene Muster, die in ihrem Fach aktuell nachgeahmt werden, damit man sie später kritisieren kann. So widmete sich der 44. Rechtshistorikertag, nicht mehr als „Deutscher“ ausgewiesen, der Sprache der Quellen

L'evento del mondo accade nei suoi segni, e qualsiasi atto conoscitivo mette in gioco una relazione figurale. Ogni volta, la figura del mondo ha tutto il mondo al suo limite, dacché ogni volta la pratica riconfigura tutte le pratiche. Ogni volta, allora, vale: sempre una sola volta e questa volta per sempre. Una prospettiva, questa, che non può non avere ricadute proprio sull'idea di passato storico (§ 11). Possiamo immaginare la cosa, per facilità, come simile al cosiddetto "effetto Eliot" nell'arte e nella poesia. È alla luce dell'ultima nuova opera d'arte che tutta la tradizione artistica viene rivalutata; il passato è perciò modificato dal presente, il quale trova la propria guida nel passato. Occorre immaginare un'"esistenza simultanea" dell'intera tradizione nell'ultimo gesto artistico. Il senso storico-a cui per Eliot è chiamato l'artista-"è senso dell'a-temporale come del temporale, e dell'a-temporale e del temporale assieme" 3. L'interesse giuridico della filosofia teoretica di Carlo Sini Un esempio del pensiero teoretico di Sini Per addentrarci nel pensiero di Sini, è utile muovere dalla sua idea di filosofia teoretica 4. La filosofia nasce in Grecia, ponendosi come nuovo sapere che eredita e al tempo stesso rimuove, ovvero reinterpreta e trasforma la tradizione sapienziale e poetica precedente. Questa forma di sophia discorsiva inaugura "una nuova accezione della visione e del vedere che costituisce, col suo avvento, una grande cesura nella vicenda spirituale dell'uomo". Tale cesura accade manifestamente con Platone, i cui Dialoghi "costituiscono del resto la nascita stessa della filosofia, della scienza filosofica o episteme theoretiké". Tuttavia, essa è preparata da quel lavoro logico di progressiva "smagicizzazione"come direbbe Snelldel mondo operato dalle scuole presocratiche 5 .

Hungary has had an intense engagement with international criminal justice. During communism and democracy alike, the normative framework and language of international criminal law was used to delegitimise the political opponent. This article aims to describe the way international criminal law was repeatedly instrumentalized to not simply serve as a genuine tool for justice but also as a potent political pawn through presenting the use of international criminal law in four different time periods: (1) during the post-World War ii war crimes trials at the People's Tribunals; (2) the adoption of universal jurisdiction during the communist era as a tool of Cold War status competition; (3) in the 1990s, as an instrument of transitional justice; and finally, (4) in the post-2010s, as a tool for memory politics and anti-migration propaganda.

This exquisite, stylish and scintillating book rediscovers Habsburg Central Europe as a crucible of world order, as a site where practically important knowledge of and for the world was produced. The composite nature of the Habsburg Monarchy made Central European lawyers and political activists of different stripes demolish the darling dogma of the “sovereign nation state”: To them the alleged key features of the state, its untrammelled self-sufficiency, eternal life, ethno-linguistic homogeneity, and unanimous will, seemed baleful and bloodless fictions.

Sprawozdanie z Międzynarodowej konferencji naukowej "«Niemand darf in Sklaverei oder Leibeigenschaft gehalten werden». Freiheit und Unfreiheit in Mitteleuropa (vom Frühmittelalter bis 1989)" ["«Nikt nie może być trzymany w niewoli lub poddaństwie». Wolność i niewola w Europie Środkowej (od wczesnego średniowiecza do 1989 roku)"], Würzburg, 28-29 września 2023 r.

In Greek mythology, Cronus (also spelled as Cronos or Kronos) holds a significant role as the leader and youngest of the first generation of Titans. The Titans were the divine descendants of Gaia, the primordial Mother Earth, and Uranus, the Father Sky. Cronus is most notably known for overthrowing his father and ruling during the mythological Golden Age. However, his reign came to an end when he was overthrown by his own son, Zeus. The Golden Age Cronus' rule marked a time of prosperity and tranquility known as the Golden Age. It was a period of abundance and harmony during which mankind lived peacefully. This era came to an end with the overthrow of Cronus by Zeus, leading to the establishment of a new order under the rule of the Olympian gods. The Fall of Cronus The downfall of Cronus came as a result of a prophecy that foretold one of his children would overthrow him, just as he had done to his own father. Fearing the fulfillment of this prophecy, Cronus devoured his children as soon as they were born. However, his wife Rhea managed to save their youngest son, Zeus, by tricking Cronus into swallowing a stone instead. Imprisonment and Release Following his overthrow by Zeus, Cronus was imprisoned in Tartarus, a dark and gloomy abyss within the underworld. However, through various myths and legends, it is often portrayed that Cronus was eventually liberated from his imprisonment, allowing for different interpretations and tales surrounding his fate. Cronus remains an intriguing figure in Greek mythology, embodying the complexities of power, succession, and divine retribution within the ancient tales of the Titans and Olympian gods.

This article challenges the common misconception that in Japan-colonized Taiwan, family law was considered marginal and secondary in the arena of legal reforms. Instead, through multi-faceted analysis of family laws, customs, and politics, the article argues that family law intertwined with politics in various ways. Examples are found in internal discussions among Japanese scholars, political advisors, officials, and jurists, on wide ranging topics from colonial policies and legal structures to, more specifically, whether Taiwanese family customs or Japanese family law should apply to Taiwanese. Moreover, family law served as an essential tool not only for cultural assimilation, but also on legal aspects such as the very definition of who were Japanese/Taiwanese. The importance of family law is also reflected in the fact that on one hand, family law was viewed as the last bastion for special colonial legislation, and on the other deemed a crucial step for racial integration by assimilationists. Moreover, the intertwining of family law and politics were not localized to substantial matter, DOI︰10.3966/181263242019031401001

This contribution reflects on the role of tradition-building in international law, the implications of the recent 'turn to history' and the 'presentisms' discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the 19th and 20th centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as 'presentism'. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled 'colonial origins' of international law, were also criticized for committing the 'sin of anachronism'. The contribution therefore examines the basis of this critique and defends 'presentism' in international legal thought. However, the 'paradox of instrumentalism' remains that the 'better' historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary selfreflection.

There are many critiques of TWAIL. Some are searching and rigorous, others pedantic and uncharitable, still others openly hostile and reliant upon caricature. In this intervention, I begin with a brief discussion of TWAIL’s history and politics. I then outline my own critique of TWAIL. The term ‘TWAIL’, I contend, is best understood as an umbrella category for a range of different ways of understanding international law, organized mainly around the activities of a loose network of legal scholars, students, and activists. Drawing upon a variety of disciplines, modes of legal analysis, and traditions of social critique, TWAIL is distinguished by a remarkably high level of theoretical and methodological eclecticism. This eclecticism, I argue, is ultimately rooted in and reflective of a fundamentally bourgeois politics.

Ngugi wa Thiong'o's groundbreaking work, "Decolonizing the Mind: The Politics of Language in African Literature," challenges the dominant Eurocentric and American-centric narratives that have long overshadowed African voices and experiences. The essence of Thiong'o's book is shedding light on his impassioned call to decolonize African history, dismantle harmful stereotypes, and usher in a new perspective on the continent. "Decolonizing the Mind" is a potent call to action, urging readers to engage in the collective effort to liberate Africa from historical misrepresentations. It underscores the resilience, cultural richness, and determination of the continent and its people. Through these efforts, we can contribute to a more equitable and just future for Africa and its diverse population.

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Distribution électronique Cairn.info pour Presses universitaires de Caen. © Presses universitaires de Caen. Tous droits réservés pour tous pays. La reproduction ou représentation de cet article, notamment par photocopie, n'est autorisée que dans les limites des conditions générales d'utilisation du site ou, le cas échéant, des conditions générales de la licence souscrite par votre établissement. Toute autre reproduction ou représentation, en tout ou partie, sous quelque forme et de quelque manière que ce soit, est interdite sauf accord préalable et écrit de l'éditeur, en dehors des cas prévus par la législation en vigueur en France. Il est précisé que son stockage dans une base de données est également interdit.

his signifi cant contributions to the development of public and private international law. Th e Annual Lecture builds on his vision and mission, it invites distinguished international scholars to take inspiration from Asser's idea of cultivating trust and respect through law and legal institutions, and to examine what it could mean in their area of expertise today. It is the T.M.C. Asser Instituut's fl agship lecture and its date commemorates the foundation of the Institute in December 1965. Th e T.M.C. Asser Instituut is grateful for the support of the Municipality of Th e Hague.

La xu, Morality, u n d the Re la tio pis of Stcites Princeton University Press, 1983. xii + 350 pp. 530.40 cloth, €12.60 paper This is an important book with a thesis that is both original and clearly argued. The author makes use of a large literature and takes considerable trouble to present the alternatives to his own views. The book is well written, though more examples would have been welcome. The basic project of the book is to establish a distinction between what the author calls the purposive and what he calls the practical conception of the relations of states. This distinction is deeply indebted to, though not identical with, Michael Oakeshott's distinction between enterprise and civil association. The purposive conception is that the states form an association for pursuing common purposes, and the rules they agree to follow are instrumental towards these purposes. The practical conception is that the society of states is formed by adherence to a set of authoritative rules which set common limits on how members may pursue their ends, even though they may have no common ends. Having established this distinction, Prof. Nardin then argues that the practical conception is fundamental, and that international law and international morality should be understood primarily in these terms. The book is an attempt to rescue the usefulness of international law from the twin attacks of realism and idealism; realism because it reduces the authority of international law to the case-by-case consent of the parties, and idealism because it ties this authority to shared purposes which Nardin thinks the states by and large d o not have.

Finland and UNEP held the eleventh joint Course on Multilateral Environmental Agreements (MEAs) in Joensuu, Finland. The papers compiled in this volume of the Review are based on lectures presented on the theme of environmental security. As we seek to strengthen environmental governance and negotiation capacity around the world, our aim is to help present and future MEA negotiators improve the implementation and impact of key treaties. Therefore, both the annual Course and this Review share the knowledge and experience of those working in the field of international environmental law-making, exposing students and practitioners to a variety of issues regarding environmental security, particularly in the context of transboundary water management. These carefully selected papers, from lecturers and participants, explore the options for developing instruments to manage environmental security issues. They in turn then inform and enhance policy choices to address those issues through bilateral and multilateral cooperation. In publishing these papers, we hope to benefit not only the Course participants, but also the much wider audience who can access them through the internet, along with volumes from previous years. We are grateful to everyone who contributed to the successful outcome of the eleventh Course and the Review, including the lecturers and authors. In particular, we would like to thank Melissa Lewis, Ed Couzens and Tuula Honkonen for their skillful and dedicated editing of the Review, as well as the members of the Editorial Board for providing guidance and oversight throughout this process.

To promote information sharing and support countries to meet their obligations, the United Nations Environment Programme (UNEP), in partnership with the University of Eastern Finland has organized annual training courses on MEAs since 2004. This volume of the Review contains a compilation of papers from the 17th Course, presenting a valuable collection of lessons and insights drawn from the Course to a wider audience. The Review covers a variety of topics on the post-2020 biodiversity agenda, canvassing the history and current situation of the agenda; progress towards agreement on marine biodiversity of areas beyond national jurisdiction; biodiversity and international human rights; biodiversity protection and emerging technologies; and the rise of ecological restoration law. The Review also provides insights on legal drafting skills in MEA negotiations, rules of procedure and virtual MEA negotiations.