Time, History and International LawMatthew C. R. Craven, Malgosia Fitzmaurice, Maria Vogiatzi This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law. |
Contents
INTERNATIONAL LAW AND ITS HISTORIES Matt Craven | 1 |
THE STORY OF AN UNREQUITED LOVE Randall Lesaffer | 27 |
FOREIGN OFFICE INTERNATIONAL LEGAL HISTORY David J Bederman | 43 |
ENGLISH APPROACHES TO INTERNATIONAL LAW IN THE NINETEENTH CENTURY Michael Lobban | 65 |
OPPENHEIMS INFLUENCE Amanda PerreauSaussine | 91 |
IS THERE A NEED FOR NEW SOURCES OF INTERNATIONAL LAW? Hazel Fox | 119 |
ARTICLES 313C AND 42 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES AND THE FRAGMENTATION OF INTERNATIONA... | 141 |
THE TIME OF CONCLUSION AND THE TIME OF APPLICATION OF TREATIES AS POINTS OF REFERENCE IN THE INTERPRETATIVE PR... | 163 |
PIRACY AND THE ORIGINS OF ENMITY Gerry Simpson | 219 |
THE BRITISH ARCHIVES IN RELATION TO THE 1957 OMAN AND MUSCAT INCIDENT Anthony Carty | 231 |
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Time, History and International Law Matthew Craven,Malgosia Fitzmaurice,Maria Vogiatzi Limited preview - 2006 |
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accepted Aegean Sea agreement Alien Tort Statute Alvarez-Machain application approach argued arguments article 42 Articles 31 Austin British Yearbook Cameroon century claim common law concerned constitute context crime criminal customary international law customary law decision dispute doctrine enforced English European evidence fact Foreign Office Grotius historians historiography history of international Ibid ICJ Rep intention International Court international lawyers international legal history issue Journal of International jurisdiction jurists jus cogens Justice Kasikili/Sedudu Island Koskenniemi Lauterpacht law of nations Law of Treaties Legal Positivism Lesaffer matter meaning moral Muscat Namibia natural law Opinion of Judge Oppenheim particular parties peremptory norm piracy pirates political practice principles provision Public International Law Qatar question recognised reference regard relations relevant rules of international Security Council Sosa sources sovereign sovereignty Sultan supra note territory tion tional law travaux treaty interpretation United Nations Vienna Convention Westlake Yearbook of International