ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

Monday 18 March 2024

REMINDER CALL FOR PAPERS: 19th ESIL Annual Conference, IG History of International Law Pre-conference Workshop, "Historical Perspectives on Technological Change and International Law" (4 September, 2024, Vilnius, DEADLINE: 22 March 2024)

 



2024 ESIL Annual Conference Technological Change and International Law

Call for Papers:

Historical Perspectives on Technological Change and International Law

The ESIL Interest Group on the History of International Law cordially invites submissions of papers for its upcoming workshop centered on the theme “Historical Perspectives on Technological Change and International Law”. This gathering seeks to unravel the mysteries of technological evolution and its enduring legacy upon the edifice of international law.

We are intrigued by the historical development of various technologies across different spatial and temporal contexts within international law. All papers that delve into the debates concerning technological change in international law or explore the influence of technological change on international law are warmly welcomed.

Centuries have witnessed the inexorable march of technological innovation, each stride leaving an indelible mark on the canvas of international law. Technological change – whatever that may be, but as reasonably defined by an author - has impacted international law, just as international law has responded and evolved in the wake of new technological advancements. New disciplines and fields emerged, and old doctrines and theories disappeared. Novel technologies even prompt the emergence of entirely “new” fields of international law, such as international labor law, international environmental law, and air and space law, contributing to the so-called fragmentation of international law.

History is rife with examples and case studies illustrating the intricate interplay between technology and international law. With regard to the law on the use of force, the requirement for a formal declaration of war has been undermined by the advancement of telecommunications. Technological advancements in weaponry (e.g. chemical and nuclear weapons) have reshaped international humanitarian law. Similarly, the law of the seas has adjusted for innovations in ship-building and seafaring technologies (maps, cartography, GPS). Technology also affects the way and extent to which states project their powers. The limit of three nautical miles no longer defines the limit of the territorial sea now that coastal batteries can shoot beyond this range. The industrial revolution also caused international law to evolve. The inventions of the telegraph and railway required new commercial arrangements, enabled  the expansion of colonialism, and caused a surge of Western investments abroad. For example, in the mid-19th century, the industrial extraction of sugar from beets in Western Europe distorted the international sugar trade for decades, leading to the conclusion of dozens of treaties. Sometimes, an invention causes entirely new fields of international law to emerge. The airplane and space exploration created the need for aerospace law. But sometimes, too, international law fails to catch up with technological changes. For example, the Hague Convention on Explosives from Balloon in 1907 failed to become a general prohibition against aerial bombardments. Such failures to address technological change are equally important moments in the history of international law.

In reviewing the history of technological changes and international law, authors are encouraged to engage in discussions evaluating how international law has both succeeded and failed to accommodate and regulate technological changes. We welcome papers from all methodological perspectives, as long as they address technology and the history of international law.

Papers could address any of the following topics, but also any topic that addresses technological change (reasonably defined by the author) and the history of international law:

        Governance, preservation, and dissemination of knowledge in international legal history

        The role of international regulation in the rise of new technologies

        The influence of new technologies on human rights, both advancing and undermining

        The impact of technological changes on broader socio-political and sovereign processes

        How technological changes have affected the development and codification of international law

        The influence of technological changes on the law of treaties and state responsibility

        The effects of technological changes on international adjudication

        The constitutionalization of international law in response to technological changes

        The emergence of technology-specific international law

        The impact of technological changes on the laws of war, peace, the use of force, and arms control

        How technologies have shaped concepts of sovereignty

        The appearance or disappearance of disciplines, principles, and concepts within international law due to technological changes

        Case studies of failures to foresee and regulate technological changes in international law.

        The impact of inventions like the steam engine, railways, and telegraph on international law

We are particularly interested in papers that engage with non-Western perspectives on the historical perspectives on technological change and international law. We welcome submissions from scholars and practitioners at all stages of their careers, and particularly encourage submissions from early-career scholars and scholars from underrepresented regions and perspectives.

The Interest Group is unable to provide funding for travel and accommodation. Selected speakers will be expected to bear the costs of their own travel and accommodation. Some ESIL travel grants and ESIL carers' grants will be available to offer partial financial support to speakers who have exhausted other potential sources of funding.

Please see the ESIL website for all relevant information about the 19th Annual Conference. The Interest Group workshop is open to ESIL members, and all participants are required to register for the Annual Conference. There will be an option to register just for one day to attend the workshop; however, all participants are warmly invited to attend the entire event.

Selected speakers should indicate their interest in being considered for the ESIL Early-Career Scholar Prize, if they meet the eligibility conditions as stated on the ESIL website. The ESIL Secretariat must be informed of all selected speakers who wish to be considered for the Prize before 30 April.

Submissions should include an abstract of no more than 500 words, a short bio of the author(s), and contact information, in Word (not PDF). Abstracts should be submitted by the 22nd of March, 5 pm (CET) to anastasia.hammerschmied@univie.ac.atThe abstract and bio should be separated to allow for anonymous review by the convenors. The workshop will take place on the 4th of September (time slot TBA), and will provide an opportunity for participants to engage in a critical discussion of their research and to receive feedback from other scholars and practitioners. Remote participation will be possible, but in-person presence is highly preferred.

Convenors

Anastasia Hammerschmied – Florenz Volkaert - Jaanika Erne – Sze Hong Lam (Ocean) 

Thursday 29 February 2024

BOOK: Lawrence WHITE, "Better Money: Gold, Fiat, or Bitcoin?" (Cambridge University Press, 2023)

Image source: CUP


Description:

The recent rise of dollar, pound, and euro inflation rates has rekindled the debate over potential alternative monies, particularly gold and Bitcoin. Though Bitcoin has been much discussed in recent years, a basic understanding of how it and gold would work as monetary standards is rare. Accessibly written by a pioneering economist, Better Money explains and evaluates gold, fiat, and Bitcoin standards without hype. White uses simple supply-and-demand analysis to explain how these standards work, evaluating their relative merits and explaining their response to shocks, allowing for informed comparisons between them. This book addresses common misunderstandings of the gold standard and Bitcoin, using historical evidence to review the history of money with emphasis on the contest between market and government provision. Known for his work on alternative monetary institutions, White offers a reasoned discussion of which standard is most likely to provide a better money.


Introduction
pp 1-5

1 - Markets and Governments in the History of Money
pp 6-38

2 - How a Gold Standard Works
pp 39-75

3 - Common Misconceptions about the Gold Standard
pp 76-120

4 - How a Fiat Standard Works
pp 121-152

5 - How a Bitcoin Standard Works
pp 153-190

6 - Comparing and Contrasting Gold and Bitcoin Standards
pp 191-212

More info with CUP.

Monday 12 February 2024

CALL FOR PAPERS: 19th ESIL Annual Conference, IG History of International Law Pre-conference Workshop, "Historical Perspectives on Technological Change and International Law" (4 September, 2024, Vilnius, DEADLINE: 22 March 2024)

 


2024 ESIL Annual Conference Technological Change and International Law

Call for Papers:

Historical Perspectives on Technological Change and International Law

The ESIL Interest Group on the History of International Law cordially invites submissions of papers for its upcoming workshop centered on the theme “Historical Perspectives on Technological Change and International Law”. This gathering seeks to unravel the mysteries of technological evolution and its enduring legacy upon the edifice of international law.

We are intrigued by the historical development of various technologies across different spatial and temporal contexts within international law. All papers that delve into the debates concerning technological change in international law or explore the influence of technological change on international law are warmly welcomed.

Centuries have witnessed the inexorable march of technological innovation, each stride leaving an indelible mark on the canvas of international law. Technological change – whatever that may be, but as reasonably defined by an author - has impacted international law, just as international law has responded and evolved in the wake of new technological advancements. New disciplines and fields emerged, and old doctrines and theories disappeared. Novel technologies even prompt the emergence of entirely “new” fields of international law, such as international labor law, international environmental law, and air and space law, contributing to the so-called fragmentation of international law.

History is rife with examples and case studies illustrating the intricate interplay between technology and international law. With regard to the law on the use of force, the requirement for a formal declaration of war has been undermined by the advancement of telecommunications. Technological advancements in weaponry (e.g. chemical and nuclear weapons) have reshaped international humanitarian law. Similarly, the law of the seas has adjusted for innovations in ship-building and seafaring technologies (maps, cartography, GPS). Technology also affects the way and extent to which states project their powers. The limit of three nautical miles no longer defines the limit of the territorial sea now that coastal batteries can shoot beyond this range. The industrial revolution also caused international law to evolve. The inventions of the telegraph and railway required new commercial arrangements, enabled  the expansion of colonialism, and caused a surge of Western investments abroad. For example, in the mid-19th century, the industrial extraction of sugar from beets in Western Europe distorted the international sugar trade for decades, leading to the conclusion of dozens of treaties. Sometimes, an invention causes entirely new fields of international law to emerge. The airplane and space exploration created the need for aerospace law. But sometimes, too, international law fails to catch up with technological changes. For example, the Hague Convention on Explosives from Balloon in 1907 failed to become a general prohibition against aerial bombardments. Such failures to address technological change are equally important moments in the history of international law.

In reviewing the history of technological changes and international law, authors are encouraged to engage in discussions evaluating how international law has both succeeded and failed to accommodate and regulate technological changes. We welcome papers from all methodological perspectives, as long as they address technology and the history of international law.

Papers could address any of the following topics, but also any topic that addresses technological change (reasonably defined by the author) and the history of international law:

        Governance, preservation, and dissemination of knowledge in international legal history

        The role of international regulation in the rise of new technologies

        The influence of new technologies on human rights, both advancing and undermining

        The impact of technological changes on broader socio-political and sovereign processes

        How technological changes have affected the development and codification of international law

        The influence of technological changes on the law of treaties and state responsibility

        The effects of technological changes on international adjudication

        The constitutionalization of international law in response to technological changes

        The emergence of technology-specific international law

        The impact of technological changes on the laws of war, peace, the use of force, and arms control

        How technologies have shaped concepts of sovereignty

        The appearance or disappearance of disciplines, principles, and concepts within international law due to technological changes

        Case studies of failures to foresee and regulate technological changes in international law.

        The impact of inventions like the steam engine, railways, and telegraph on international law

We are particularly interested in papers that engage with non-Western perspectives on the historical perspectives on technological change and international law. We welcome submissions from scholars and practitioners at all stages of their careers, and particularly encourage submissions from early-career scholars and scholars from underrepresented regions and perspectives.

The Interest Group is unable to provide funding for travel and accommodation. Selected speakers will be expected to bear the costs of their own travel and accommodation. Some ESIL travel grants and ESIL carers' grants will be available to offer partial financial support to speakers who have exhausted other potential sources of funding.

Please see the ESIL website for all relevant information about the 19th Annual Conference. The Interest Group workshop is open to ESIL members, and all participants are required to register for the Annual Conference. There will be an option to register just for one day to attend the workshop; however, all participants are warmly invited to attend the entire event.

Selected speakers should indicate their interest in being considered for the ESIL Early-Career Scholar Prize, if they meet the eligibility conditions as stated on the ESIL website. The ESIL Secretariat must be informed of all selected speakers who wish to be considered for the Prize before 30 April.

Submissions should include an abstract of no more than 500 words, a short bio of the author(s), and contact information, in Word (not PDF). Abstracts should be submitted by the 22nd of March, 5 pm (CET) to anastasia.hammerschmied@univie.ac.at. The abstract and bio should be separated to allow for anonymous review by the convenors. The workshop will take place on the 4th of September (time slot TBA), and will provide an opportunity for participants to engage in a critical discussion of their research and to receive feedback from other scholars and practitioners. Remote participation will be possible, but in-person presence is highly preferred.

Convenors

Anastasia Hammerschmied – Florenz Volkaert - Jaanika Erne – Sze Hong Lam (Ocean) 

Friday 9 February 2024

BOOK: Jean Paul PIERINI "Conflicts of Criminal Laws in the Subject Matter of Competence. The Early Resolutions of the Institut de Droit International" (Valore Italiano Editore, 2023)

 

Image source: publisher's website

The exercise by States of criminal jurisdiction for conduct occurring outside their territory and conflicting claims are part of the daily legal landscape. Going through the early attempts by the Institut de Droit International to address conflicts of criminal law in the area of competence, starting from what the author calls the “Belle Époque” of international law, is an experience in and of itself. Conflicts of criminal laws are a somewhat exotic topic, reflecting an approach aimed at addressing the solution of conflicts of laws and preventing their most evident repercussion, jurisdictional conflicts, in the same shape as conflicts of laws under private international law, seeking the closest link existing between a certain situation and legislation and judicature. The approach reflected rather a “cultural attitude” to establish a level of cooperation with other States “below that of public international law”. Indeed, jurisdictional conflicts in criminal matters are impossible to keep at a level not encroaching on the sensibility of States, even if they do not involve the scrutiny of the exercise of public functions. The idealistic attempts to address conflicts of criminal laws are, in any case, inspiring and provide an insight into an age by no way less complex than the contemporary world, in which a small group of talented individuals believed to track the path of the development of international law. The themes addressed by the “men of 1873” and vehemently discussed are frequently still up for discussion. The book delves into the history and working procedures of the Institut, analysing resolutions, proposals, and, more generally, themes raised by its members. In such a fashion, the “Theses” proposed by Swiss professor Charles Brocher built on a broad idea of an “extended territoriality” entailing legal fictions. The later 1883 Munich Resolution provided a challenging construct by Ludwig von Bar and Emilio Brusa, outlining a comprehensive system built on strict territoriality and the physical presence of the author of the offence. The 1889 Montevideo Convention reversed the model and shows the influence of the debate at the Institut while building a system based on the sole effects of the offence. The 1879 Report by Louis Renault on the protection of submarine cables envisaged an advanced mechanism combining shared jurisdiction to enforce the prohibition to break and damage cables with the flag State’s exclusive jurisdiction to adjudicate. The pioneering initiatives of the Institut are motivating reading for those interested in the multifaceted aspects of jurisdictional issues.

Jean Paul Pierini serves as an officer on active duty in the Italian Navy holding the position of deputy head of the Office for Legal Affairs at the General Staff. He writes and co-writes legal monographies and articles, mostly on international criminal law, in his solely private capacity. For his writings, he received the following awards and recognition: the 2023 Special James Brown Scott Prize by the Institut de Droit International; the 2018 Premio Internazionale Giuridico-Scientifico “G. Falcone-P. Borsellino”; the 2016 Richard R. Baxter Military Prize by the Lieber Society on the Law of Armed Conflicts, Interest Group of the American Society of International Law.

More information with the publisher.

Monday 29 January 2024

BOOK: Patrick CORS, "The New Atlantic Order: The Transformation of International Politics, 1860–1933" (CUP, 2022)


Source: CUP

Description:
This magisterial new history elucidates a momentous transformation process that changed the world: the struggle to create, for the first time, a modern Atlantic order in the long twentieth century (1860–2020). Placing it in a broader historical and global context, Patrick O. Cohrs reinterprets the Paris Peace Conference of 1919 as the original attempt to supersede the Eurocentric 'world order' of the age of imperialism and found a more legitimate peace system – a system that could not yet be global but had to be essentially transatlantic. Yet he also sheds new light on why, despite remarkable learning-processes, it proved impossible to forge a durable Atlantic peace after a First World War that became the long twentieth century's cathartic catastrophe. In a broader perspective this ground-breaking study shows what a decisive impact this epochal struggle has had not only for modern conceptions of peace, collective security and an integrative, rule-based international order but also for formative ideas of self-determination, liberal-democratic government and the West.

Awards:

Winner, 2023 PROSE World History Award, Association of American Publishers

Check out the International Security Studies Forum for in-depth discussion of the award-winning book.

CUP for more info.

Friday 26 January 2024

BOOK: Umut ÖZSU: "Completing Humanity The International Law of Decolonization, 1960–82" (CUP, 2023)



Source: CUP
After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.
  • Describes, explains, and critically analyzes changes to international legal theory and doctrine during the late twentieth century
  • Details efforts by international lawyers and others from Asia, Africa, Latin America, and beyond to restructure international law
  • Examines international legal debates about decolonization in conjunction with debates about development, political economy, and economic history

Visit CUP for more info.

Thursday 25 January 2024

BOOK: Marcelo KOHEN & Iris VAN DER HEIJDEN (eds.), Liber Memorialis 1873-2023. Institute of International Law, 150 Years of Contributing to the Development of International Law – Justitia et Pace (1873-2023), (Paris, 2023)

 

(image source: IIL-IDI)

Abstract:

In light of the 150th anniversary of the Institut de Droit international, a book has been published on its history and work. It contains 45 chapters (16 FR, 29 EN) written by several of its members. Part I focuses on its evolution through a historical lens and the role it has played so far, discussing its mission, composition, codifying role, external relations, dissemination, and the interaction of private international law and public international law. Part II focuses on its contribution to the codification and development of international law in different areas: settlement of disputes, sources, ius in bello and ius ad bellum, individual and collective human rights, regulation of spaces, and harmonization of private international law.  The book addresses the challenges and controversies that arose in the course of the work; the resolutions adopted, their impact and the way forward. It concludes with the position of the Institute in today’s world and its future.

Table of contents:

I. THE EVOLUTION OF THE INSTITUT DE DROIT INTERNATIONAL AND THE ROLE IT HAS PLAYED DURING ITS 150 YEARS OF EXISTENCE

  1. Les premiers temps de l’Institut de Droit International (1874–1913)

Jean SALMON

  1. The Institut de Droit International during the Inter-War Period (1919–1937)

Laurie MÄLKSOO

  1. The Institut de Droit international in the Cold War: Aspects of Public International Law (1947–1991)

Martti KOSKENNIEMI

  1. L’Institut de Droit international et le phénomène colonial

Georges ABI-SAAB et Fatsah OUGUERGOUZ

  1. The Institut de Droit international in Today’s World

Hilary CHARLESWORTH

  1. La perception du travail de codification par l’Institut de Droit international à travers le temps

Alain PELLET

  1. Four International Law Sisters (IDI, ILA, Hague Academy and ILC): Similarities, Differences, and Interactions

Nico SCHRIJVER

  1. La composition de l’Institut de Droit international à travers le temps

Pierre D’ARGENT

9 The Contribution of the Institut de Droit international to the Dissemination and Teaching of International Law

Antonio Remiro BROTÓNS

  1. L’interaction entre le droit international privé et le droit international public : son impact sur le travail de l’IDI

Diego P. FERNÁNDEZ ARROYO

 

II. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE CODIFICATION AND DEVELOPMENT OF INTERNATIONAL LAW

A. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES

  1. Arbitration between States

Raúl Emilio VINUESA

  1. International Judicial Settlement

Abdulqawi YUSUF

  1. Investment Arbitration

Stanimir ALEXANDROV

  1. Non-Adjudicative Dispute Settlement Means

Rüdiger WOLFRUM

B. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE CLARIFICATION OF THE SOURCES OF INTERNATIONAL LAW

  1. Law of Treaties

Georg NOLTE

  1. Identification of Customary International Law

Peter TOMKA

  1. Of Fragments, Concepts and Missions: General Principles of Law

Jorge VIÑUALES

C. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE LIMITATION OF THE IUS AD BELLUM AND THE EVOLUTION OF IUS IN BELLO

  1. The Development of International Humanitarian Law

Eyal BENVENISTI

  1. The Non-Use of Force in International Law

Mónica PINTO

D. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE REGULATION OF INTERNATIONAL RELATIONS

  1. The Principle of Non-Intervention

Dire TLADI

  1. The Issue of Immunity

Gerhard HAFNER

  1. Extraterritorial Jurisdiction

August REINISCH

  1. International Responsibility

James CRAWFORD and Nikiforos PANAGIS

  1. La reconnaissance des Etats et des Gouvernements

Jorge CARDONA LLORENS

  1. Succession of States

Václav MIKULKA

  1. Neutrality

Daniel THÜRER

  1. International Organizations

Olufemi ELIAS

E. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE REGULATION OF SPACES

  1. Les cours d’eau internationaux

Lucius CAFLISCH

  1. Law of the Sea

Jin-Huyn PAIK

  1. Territory

Sienho YEE

  1. Vessels

James KATEKA

  1. Droit international de l’environnement

Laurence BOISSON DE CHAZOURNES

F. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE REGULATION OF INDIVIDUAL AND COLLECTIVE RIGHTS

  1. International Human Rights Law / Droits de la personne humaine

Note by the editors

  1. Droit des minorités

Linos-Alexandre SICILIANOS

  1. La nationalité

Paul LAGARDE

  1. International Criminal Law

John DUGARD

  1. Droit des étrangers – Traitement des réfugiés – Migration

Maurice KAMTO

G. THE CONTRIBUTION OF THE INSTITUT DE DROIT INTERNATIONAL TO THE HARMONIZATION OF PRIVATE INTERNATIONAL LAW

  1. Personal Status in Private International Law: The law of individuals, family relations and succession

Jürgen BASEDOW

  1. L’évolution du statut personnel de droit privé : Apogée, déclin, remise en cause

Bernard AUDIT

  1. Personnes morales

José Carlos FERNÁNDEZ ROZAS

  1. The Law of Property and Expropriation

Hans VAN HOUTTE

  1. L’harmonisation des conflits de lois

Léna GANNAGÉ

  1. Contractual and Non-contractual Obligations in Private International Law

Symeon C. SYMEONIDES

  1. Juridiction et exécution des jugements étrangers en matière civile

et commerciale

Fausto POCAR 

CONCLUSION 150 ans d’influence en droit international : l’Institut tourné vers l’avenir Marcelo KOHEN

 Order the work here.


Source: ESCLH blog