Experiments in International Adjudication

Historical Accounts
Erscheinungsjahr 2019
ISBN: 978-1-108-47494-8
Verlag: Cambridge University Press

Buch, Englisch, 338 Seiten, Format (B × H): 159 mm x 236 mm, Gewicht: 603 g

This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Autoren/Hrsg.

de la Rasilla, Ignacio

Viñuales, Jorge E

Inhaltsverzeichnis

Part I. International Adjudication – An Ever-Present History: 1. Experiments in international adjudication – past and present Jorge E. Viñuales; 2. The turn to the history of international adjudication Ignacio de la Rasilla; Part II. Experiments in Dispute-Specific Adjudication: 3. Imperial consolidation through arbitration: territorial and boundary disputes In Africa (1870–1914) Inge Van Hulle; 4. How to prevent a war and alienate lawyers – the peculiar case of the 1905 North Sea Incident Commission Jan Lemnitzer; 5. The Arbitral tribunal for Upper Silesia: an early success in international adjudication Gerard Conway; Part III. Context-Specific Redress Mechanisms: 6. Mixed claim commissions and the once centrality of the protection of aliens Frédéric Mégret; 7. The general claims commission (Mexico and the United States) and the invention of international responsibility Jean d'Aspremont; 8. Mirage in the desert: regional judicialization in the Arab world Cesare P. R. Romano; Part IV. The Quest for a Permanent Court: 9. Saving face: the political work of the permanent court of arbitration (1902–1914) Andrei Mamolea; 10. First to rise and first to fall: the Court of Cartago (1907–1918) Freya Baetens; 11. The failure of the 1930 tribunal of the British Commonwealth of Nations: a conflict between international and constitutional law Donal Coffey; Part V. Experiments in specialised courts: 12. The intellectual foundations of the European Court of Human Rights Angelo Junior Golia and Ludovic Hennebel; 13. From international law to a constitutionalist dream? The history of European law and the European Court of Justice, 1950–1993 Morten Rasmussen.

Über Autor(innen)

Viñuales, Jorge E
Jorge E. Viñuales is the Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge, where he founded the Cambridge Centre for Environment, Energy and Natural Resource Governance (C-EENRG). He is also the Chairman of the Compliance Committee of the UN-ECE/WHO-Europe Protocol on Water and Health, a member of the Panel of Arbitrators of the Shanghai International Arbitration Centre, the Director-General of the Latin American Society of International Law, and an Of Counsel with Lalive. Prior to joining Cambridge, he was the Pictet Chair of International Environmental Law at the Graduate Institute, Geneva, where he keeps a limited affiliation as Adjunct Professor of Public International Law.

de la Rasilla, Ignacio
Ignacio de la Rasilla is the Han Depei Professor of International Law at the Wuhan University Institute of International Law, China. He was educated in Spain (LL.B. from Universidad Complutense de Madrid), Switzerland (M.A. and Ph.D from The Graduate Institute, Geneva), the United States of America (LL.M. from Harvard University) and Northern Italy (Max Weber Fellow at the European University Institute, Florence). Previously he served as Lecturer and, then, as Senior Lecturer in Law at Brunel University London and adjunct professor at New York University, La Pietra, Florence. He is the author of around sixty journal articles and book chapters, and the author or editor of five books on international law and its history, including In the Shadow of Vitoria: A History of International Law in Spain, 1770–1953 (2017).