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


Book Description

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.




From Conflicts of Sovereignty to Relationships


Book Description

This thesis seeks to demonstrate that contrary to conventional histories of the discipline, 19th century writings on Private International Law included an internationalist strand that focused on the individual, rather than the state, but adopted an account of the individual as social and relationally constituted. The thesis dispels two common assumptions about the 19th century intellectual history of the field: first, that all individual - and private law - centered perspectives were overly liberal and individualistic and second, that the association between Public and Private International Law enabled the latter to focus on global public goods and global justice generally. By contrast, the thesis shows, on the one hand, that many 19th century theories focused on the relationship between Public and Private International Law injected much of the formalism and alleged neutrality of today's Private International Law and on the other, that several individual-centered perspectives adopted a relational, rather than individualistic image of the individual. By recovering academic debates in Private International Law between the mid 19th to the mid 20th century, the thesis traces how this "relational internationalist" perspective was misunderstood and eventually disappeared from the memory of the field. Through a detailed analysis of the writings of the three main protagonists of the "relational internationalist" perspective, namely Joseph Story, Carl von Savigny, and Josephus Jitta, the thesis recovers the analytical foundation of this lost theoretical perspective with respect to rights, legitimate authority and the cosmopolitan dimensions of Private International Law. This thesis both tells a different history of 19th century Private International Law than the conventional one, and suggests that its "relational internationalist" component could provide a platform on which to now build a humanist perspective in PrIL which focuses both on the recognition, as well as the social responsibility of individuals in their transnational relationships.




Nineteenth Century Perspectives on Private International Law


Book Description

Private International Law is often criticized for failing to curb private power in the transnational realm. The field appears disinterested or powerless in addressing global economic and social inequality. Scholars have frequently blamed this failure on the separation between private and public international law at the end of the nineteenth century and on private international law's increasing alignment with private law. Through a contextual historical analysis, Roxana Banu questions these premises. By reviewing a broad range of scholarship from six jurisdictions (the United States, France, Germany, the United Kingdom, Italy, and the Netherlands) she shows that far from injecting an impetus for social justice, the alignment between private and public international law introduced much of private international law's formalism and neutrality. She also uncovers various nineteenth century private law theories that portrayed a social, relationally constituted image of the transnational agent, thus contesting both individualistic and state-centric premises for regulating cross-border inter-personal relations. Overall, this study argues that the inherited shortcomings of contemporary private international law stem more from the incorporation of nineteenth century theories of sovereignty and state rights than from theoretical premises of private law. In turn, by reconsidering the relational premises of the nineteenth century private law perspectives discussed in this book, Banu contends that private international law could take centre stage in efforts to increase social and economic equality by fostering individual agency and social responsibility in the transnational realm.







Beginnings of an Official European Code of Private International Law


Book Description

Learn about the early stages of European efforts to establish a standard code for private international law in the 19th century and the legal frameworks that paved the way for international commerce and cooperation. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.







The Oxford Handbook of the History of International Law


Book Description

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.




Beyond Human Rights


Book Description

Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.




The Confluence of Public and Private International Law


Book Description

A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.