Vattel and the Emergence of Classic International Law

Vattel and the Emergence of Classic International Law

Author: Emmanuelle Jouannet

Publisher: Hart Publishing Limited

Published: 2017-06-01

Total Pages: 344

ISBN-13: 9781841136912

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In this authoritative work, Emmanuelle Jouannet, a leading French scholar of public international law and legal theory, takes a fresh look at the emergence of classical international law and provides an original and decisive reinterpretation. According to the modern and conventional account, Grotius and his predecessors, the Spanish jurists, are credited as the 'fathers' of the modern ius gentium. However, this picture of history is now both inaccurate and incomplete. With rare erudition based on an exhaustive analysis of the foundational concepts and principal texts of the great jurists of the period, Jouannet shows that it was only during the 18th-century period of Enlightenment that a genuine doctrine of international law emerged. In particular, Jouannet focuses on the work of Swiss jurist Emerich de Vattel (1714-1767), a long forgotten figure, showing how his ideas engendered a fresh understanding of what international law meant and how they stimulated the fundamental debates which international lawyers are still engaged in today. The book was originally published in French in 1996 and received three major awards: the University Paris I Prize, the Dupin-Aine Prize, and the Maurice Picard Prize. This English translation will appeal to international lawyers/legal historians. (Series: French Studies in International Law)


Vattel's International Law from a XXIst Century Perspective / Le Droit International de Vattel vu du XXIe Siècle

Vattel's International Law from a XXIst Century Perspective / Le Droit International de Vattel vu du XXIe Siècle

Author: Vincent Chetail

Publisher: BRILL

Published: 2011-05-23

Total Pages: 461

ISBN-13: 9004194649

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No other scholar has so deeply influenced the development of international law or shaped the doctrinal debates as Vattel. More than 250 years after its publication, his Law of Nations has remained the most frequently quoted treatise of international law. Vattel's International Law from a XXIst Century Perspective explores the reasons behind the extraordinary authority of Vattel and analyses its continuing relevance for thinking and understanding contemporary international law. It gathers the contributions from well-known experts of international law and history for the purpose of evaluating the Law of Nations from a XXIst century perspective. The multiple facets of Vattel’s thinking are apprehended through a wide-ranging and comprehensive analysis respectively devoted to the international system, the sources of international law, the subjects of international law, the law of peace, and the law of war.


The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender

Publisher: OUP Oxford

Published: 2012-11-01

Total Pages: 1272

ISBN-13: 019163252X

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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.


International Law in the Long Nineteenth Century (1776-1914)

International Law in the Long Nineteenth Century (1776-1914)

Author: Inge Van Hulle

Publisher: BRILL

Published: 2019-09-16

Total Pages: 242

ISBN-13: 9004412085

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International Law in the Long Nineteenth Century gathers ten studies that reflect the ever-growing variety of themes and approaches that scholars from different disciplines bring to the historiography of international law in the period.


System, Order, and International Law

System, Order, and International Law

Author: Stefan Kadelbach

Publisher: Oxford University Press

Published: 2017

Total Pages: 545

ISBN-13: 0198768583

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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 today's 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.


Concepts and Contexts of Vattel's Political and Legal Thought

Concepts and Contexts of Vattel's Political and Legal Thought

Author: Peter Schröder

Publisher:

Published: 2021-06

Total Pages:

ISBN-13: 9781108784009

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"The study of natural law and the law of nations in the early-modern period has expanded remarkably during the last decades. This has partly been inspired by contemporary concerns, in particular by the interest in the genealogy of human rights and the foundations of international law. However, natural law in this period has also been studied in its own historical right, with a view to understanding its intellectual sources and cultural and political uses. Early modern natural law emerged in a variety of forms at the volatile interface of theology, moral philosophy, political thought and jurisprudence. These "different models of natural law" have been described "as conflicting ways of configuring access to ethical and political norms in the service of rival cultural-political programmes". Within the language and concepts of natural law doctrines, then, quite divergent approaches were pursued to regulate and protect human society. Some operated at the level of the domestic state, with a view to rationalising and legitimating its political and juridical authority. Others operated beyond the borders of the territorial state, with a view to regulating interstate relations via the laws of war and peace"--


Brierly's Law of Nations

Brierly's Law of Nations

Author: Andrew Clapham

Publisher: OUP Oxford

Published: 2012-08-09

Total Pages: 433

ISBN-13: 0191632678

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This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.