Time, History and International Law

Overview

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 ...
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Overview

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.

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Product Details

Meet the Author

Matthew Craven, Professor of International Law, SOAS, University of London Malgosia Fitzmaurice, Professor of International Law, Department of Law, Queen Mary, University of London Maria Vogiatzi, Research Fellow in International Law, British Institute of International and Comparative Law

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Table of Contents


Acknowledgments     vii
Introduction: International Law and Its Histories   Matt Craven     1
International Law and Its History: 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
A Case Study on Jurisprudence as a Source of International Law: Oppenheim's Influence   Amanda Perreau-Saussine     91
Time, History, and Sources of Law Peremptory Norms: Is There a Need for New Sources of International Law?   Hazel Fox     119
Reluctant Grundnormen: Articles 31(3)(C) and 42 of the Vienna Convention on the Law of Treaties and the Fragmentation of International Law   Jan Klabbers     141
The Time of Conclusion and the Time of Application of Treaties as Points of Reference in the Interpretative Process   Don Greig     163
Piracy and The Origins of Enmity   Gerry Simpson     219
Distance and Contemporaneity in Exploring the Practice of States: The British Archives in Relation to the 1957 Oman and Muscat Incident   Anthony Carty     231
Index     247
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