ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

woensdag 3 juni 2020

BOOK: Christopher CAPOZZOLA, Bound by War How the United States and the Philippines Built America's First Pacific Century (New York: Hachette Books, 2020), ISBN 9781541618268, 19,99 USD

(image source: Hachette Group)

Book presentation:
A sweeping history of America’s long and fateful military relationship with the Philippines amid a century of Pacific warfare Ever since US troops occupied the Philippines in 1898, generations of Filipinos have served in and alongside the US armed forces. In Bound by War, historian Christopher Capozzola reveals this forgotten history, showing how war and military service forged an enduring, yet fraught, alliance between Americans and Filipinos. As the US military expanded in Asia, American forces confronted their Pacific rivals from Philippine bases. And from the colonial-era Philippine Scouts to post-9/11 contractors in Iraq and Afghanistan, Filipinos were crucial partners in the exercise of US power. Their service reshaped Philippine society and politics and brought thousands of Filipinos to America. Telling the epic story of a century of conflict and migration, Bound by War is a fresh, definitive portrait of this uneven partnership and the two nations it transformed.
(source: Hachette Book Group)

ARTICLE: Zak LEONARD, "Law of Nations Theory and the Native Sovereignty Debates in Colonial India" Law and History Review LXXXVIIII (2020), No. 2

(image source: CUP)


Abstract:

Beginning in the 1840s, high-ranking officials within the East India Company began a concerted effort to confiscate and annex princely states, citing misrule or a default of blood heirs. In response, metropolitan reformers and their Indian allies orchestrated a sustained legalistic defense of native sovereignty in the public sphere and emerged as vocal opponents of colonial expansionism. Adapting concepts put forth by both law of nations theorists and contemporary jurists, they sought to preserve longstanding treaties and defend the princes' exercise of internal sovereignty. The colonial government's failure to adequately define the basis of its modern “paramountcy” invited such creative maneuvering. Reformist opposition to the annexation of Awadh, the dispossession of the Nawab of the Carnatic, and the confiscation of Mysore demonstrates that international law did not simply function as a Eurocentric tool of subordination, but could also provide a bulwark against colonial depredations.
Read more with CUP.

dinsdag 2 juni 2020

ENTRY: Michel ELPERDING & Fernando IRURZUN, Arbitral Tribunal for Upper Silesia, in: Hélène RUIZ FABRI (ed.), Max Planck Encyclopedia of International Procedural Law (Oxford: OUP, 2020)

(image source: OPIL)

First paragraph:
Due to historical context, composition, and organizational aspects, some sections of this entry are based on another entry regarding the Mixed Commission for Upper Silesia. Owing to the shared origins and complementary nature of the Arbitral Tribunal and the Mixed Commission, other sections might also comprise sentences that mirror those of that entry. 2 The Arbitral Tribunal for Upper Silesia (‘Arbitral Tribunal’ or ‘Tribunal’), sometimes also referred to as Upper Silesian Arbitral Tribunal (‘Tribunal arbitral de Haute-Silésie’), was an international tribunal...
(read more on MPEiPro)

maandag 1 juni 2020

ADVANCE ARTICLE: Steven M. HARRIS, 'Manufacturing International Law: Pre-printed Treaties in the ‘Scramble for Africa’', Journal of the History of International Law/Revue d'histoire du droit international

(image source: Brill)

Manufacturing International Law: Pre-printed Treaties in the ‘Scramble for Africa’ (Steven M. Harris)
Abstract:
The 1880s saw a unique confluence of means, motives, and opportunities which led the British and their agents on African frontiers to enter into hundreds of pre-printed form treaties with local groups. By treating indigenous groups as interchangeable counterparties to their agreements, the new tools carried by these diplomats in canoes carried both the benefits of expediency and the problems of alienation. The mass production of international law – made by relatively unskilled labour, in bulk, with limited variation – had arrived. This practice connects the emerging modernity of the cultures of international law, diplomacy, printing technology, and domestic law.
Read more with Brill.

vrijdag 29 mei 2020

JOB: Assistant Professor in Public International Law (Leiden: Leiden University, DEADLINE 15 JUN 2020)

(image: Grotius; source: Wikimedia Commons)

Leiden University, the Grotius Centre for International Legal Studies has a vacancy for an

Assistant Professor in Public International Law 
Key responsibilities
  • Develop and deliver core courses in the Bachelor and Regular LLM programmes in public international law in English and Dutch;
  • Coordinate and lead teaching activities in cooperation with other lecturers;
  • Conduct high-level research in public international law and sustain a strong publication record;
  • Develop and lead core activities of the Centre and to seek, obtain and manage research funding or other funding;
  • Assist in a collegial way in any other research or teaching-related work of the Centre;
  • Offer specialized seminars and grade assignments and exams, alone or in cooperation with other lecturers.
Selection criteria
  • Excellent command of Dutch and English;
  • PhD-degree and excellent track record in research in general public international law, as evidenced by publications in leading international journals;
  • Demonstrated teaching experience in public international law, supported by positive teaching evaluations;
  • A high sense of initiative, leadership qualities and proven ability to seek and obtain research funding;
  • Strong dedication and commitment to the goals and objectives of the Centre;
  • An ability and willingness to work collaboratively and collegially in a team.
Our organisation
With over 5,000 students and 450 members of staff, Leiden Law School is one of the largest faculties in the Netherlands. Yet, in all its diversity, it is still known for its ability to provide education on a small scale. The Faculty focuses on multi-faceted high-level teaching and research, both nationally and internationally. It does so by working with talented people and stimulating and supporting them in their professional and personal ambitions. The Faculty is housed in the beautifully restored Kamerlingh Onnes Building on the Steenschuur in Leiden. Working for the Leiden Law School means working in an inspiring scientific environment. For more information, see our website.

Terms and conditions
We offer an one
 year term position, with the possibility of renewal based on need, funding and performance. Salary range from € 3,637.- to  4,978.- gross per month on a full-time basis (pay scale 11, in accordance with the Collective Labour Agreement for Dutch Universities). The principal place of work is Leiden. The intended starting date is 1 September 2020.
Leiden University offers an attractive benefits package with additional holiday (8%) and end-of-year bonuses (8.3 %), training and career development and sabbatical leave. Our individual choices model gives you some freedom to assemble your own set of terms and conditions. For international spouses we have set up a dual career programme. Candidates from outside the Netherlands may be eligible for a substantial tax break. More information can be found here 
UTQ
Leiden University requires teaching staff to obtain the University Teaching Qualification. If the successful applicant does not already possess this qualification or its equivalent, he/ she must be willing to obtain this Qualification within two years.

Diversity
Leiden University is strongly committed to diversity within its community and especially welcomes applications from members of underrepresented groups.

Information
Enquiries can be made to Nathalie Walstra, email
 n.walstra@law.leidenuniv.nl.
Applications
Please submit online your application no later than 15 June 2020 via the blue button in our application system. Applicants should submit online a letter of interest accompanied by a CV.


(source: University of Leiden)

donderdag 28 mei 2020

CALL FOR CHAPTERS: Springer Encyclopedia of Territorial Rights

(image source: Springer)

We received the following call by e-mail:


Dear Friends,
 I’m writing because I am the international law area editor of the Springer Global Encyclopedia of Territorial Rights. The Encyclopaedia is an interdisciplinary project, which examines the law, politics and sociology of territorial claims.
 I’m looking for authors willing to contribute articles on some outstanding cases. I think it’s a good opportunity for law students or junior academics to get a peer-reviewed publication. Articles will be in the 3000-5000 word range (generally).
 
I’m looking in particular for individuals to write on the following cases and disputes:
 ICJ
 Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile)
 PCIJ Cases
 Minquiers and Ecrehos (France/United Kingdom)
 Territorial Jurisdiction of the International Commission of the River Oder
 Free Zones of Upper Savoy and the District of Gex
 PCA
 Bangladesh v. Myanmar (Judgment of the International Tribunal for the Law of the Sea, 14 March 2012)
 Judgments and Awards in Maritime Boundary Delimitation Disputes, Barbados v. Trinidad and Tobago (Award of the Arbitral Tribunal, 11 April 2006)
 Maritime Boundary Delimitation Disputes, Newfoundland and Labrador v.
Nova Scotia
 Maritime Boundary Delimitation Disputes, Canada v France
 Maritime Boundary Delimitation Disputes, United Kingdom of Great Britain and Northern Ireland v. French Republic (Decision of the ad hoc ‘Court of Arbitration’, 30 June 1977)
 Maritime Boundary Delimitation Disputes, Bangladesh v. India
 Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait
 Trinidad-Tobago
 Other Arbitrations and Issues
 Dubai/Sharjah Boundary Arbitration of 1981
 Sykes-Picot Agreement
 Emergent Rights over Territory: The Finnish-Swedish Agreement
 Impacts of the Canada/Denmark Boundary Treaty
 Impacts of the Lapp Codicil to Strömstad Treaty
 Land Acquisition and Transfer in the Polish-Soviet Territory Exchange
 Treaty of Wanghia
 Treaty of Paris of 1898
 Pikney's Treaty/Treaty of Madrid
 Treaty of Guadalupe Hidalgo and Gadsden Purchase
 Florida Purchase
 Treaty of Kanagawa
 Treaty of Ghent
 Oregon Boundary Treaty
 Peace of Utrecht
 Locarno Treaties
 Treaty of Sèvres
 Otherwise, I hope you’re well in the trying times.
 Best regards,
 Kevin”
 Kevin W. Gray, PhD

The following flyer was attached to the message:
Global Encyclopedia of Territorial Rights AIMS AND SCOPEThe aim of this encyclopedia is to bring together the expanding field of scholarship on “territorial rights” in a single tool for advanced researchers.
The study of territorial rights has grown by leaps and bounds over the past decade. It combines the work of political scientists, philosophers, lawyers, geographers, demographers, scholars of war studies and many others. Until now, however, the literature on territorial rights has generally remained confined inside standard disciplines.The goal of this new volume is to provide a reference tool for scholars working across traditional boundaries. Several hundred entries, researched by area experts with advanced knowledge of the scholarly literature, are written in language comprehensible to a wide academic audience. Each entry surveys typical concepts and terminology and offers an up-to-date synopsis of leading scholarship on one or more of the component disputes that surface when territorial rights are contested, such as cross-border migration, resource extraction, secessionism, state sovereignty, border-drawing, restorative justice. The most important conflicts about territorial rights in the world today are explored alongside some of history’s pertinent and informative disputes.
The volume is a comprehensive introduction to these issues for non-specialists and for advanced students who wish to be acquainted with this growing field of study. Its principal objective is to consolidate interdisciplinary knowledge about territorial rights in a research tool designed to facilitate advanced scholarship in this critical area for years to come.
 SECTION EDITORS
“International Law” 
Dr. Kevin W. Gray
Osgoode Hall Law School (CANADA)
“Theorists”
Laura Lo Coco
Hertfordshire Law School
Hatfield (UK)
“Indigenous Territories” 
Dr. Lavonna L. Lovern
Valdosta State University
Valdosta, Georgia (USA)
“Concepts of Territorial Rights”
Dr. Nick C. Sagos
Seneca College
Toronto (CANADA)
 




Contact dr. Kevin W. Gray for more information.

woensdag 27 mei 2020

ARTICLE: Hannah DAWSON, "The Normativity of Nature in Pufendorf and Locke" (Historical Journal LXIII (2020), 3, 528-558

(image: John Locke; Source: Wikimedia Commons)

Abstract:
At the beginning of De jure naturae et gentium (1672), Samuel von Pufendorf proposed a radical dichotomy between nature and morality. He was followed down this arid path by his great admirer John Locke. This article begins by exploring their descriptions of this dichotomy, examining the ways in which human animals were supposed to haul themselves out of the push and pull of the mechanistic world in order to become free moral agents. The article then argues that bubbling up from within this principal account of morality is an alternative account according to which virtue seems to infuse nature, thereby blurring the lines between obligation and motivation, and refiguring the character of moral and political agency. In uncovering this refiguration, I highlight the importance of Aristotelianism and Stoicism for Pufendorf and Locke, suggest continuities rather than breaks between the natural lawyers of the seventeenth century and the theorists of moral sentiment of the next, and gesture towards a hitherto underappreciated discourse in early modern thought: the normativity of nature.
Read more here