ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

woensdag 20 november 2019

BOOK: Emmanuel VIVET, ed., Landmark Negotiations from Around the World - Lessons for Modern Diplomacy (Mortsel: Intersentia, 2019). ISBN 9781780688510, €39

(Source: Intersentia)

Intersentia has published a new book on landmark negotiations from around the world.


History is a source of education and insight for modern diplomacy. Through time, this book analyses 30 famous negotiations from around the World: from Roman Republic peace talks to the Philadelphia Convention, the Congress of Vienna and the first UK embassy in China, through two World Wars, as well as more recent examples such as the Iran Security Council resolutions and the Trump negotiations in Korea, just to name a few.

Landmark Negotiations from Around the World brings together the subject areas of history and negotiation studies. It focuses on their overlap and analyses past and present negotiations, applying the latest concepts of negotiation studies: a summary of each negotiation focusing on the chain of events is followed by a critical analysis cross-referencing the facts to modern negotiation theory concepts. In this way, each chapter provides answers to key questions such as: what made a successful negotiation possible? Why did a given failure occur? It helps us to identify and to qualify the good moves, the brilliant ideas, the unexpected coalitions and the uneasy situations that made a negotiation either a success or a failure.

A handpicked team of authors consisting of historians, diplomats and scholars, all specialising in international negotiation, provide unique insights, as well as entertaining and lively stories past and present, preparing us for the future.

A book of interest to anyone who revels in acting on the international stage.

With a foreword by Pierre Vimont (first Executive Secretary General of the European External Action Service) and a theoretical introduction by William Zartman (Johns Hopkins University School of Advanced International Studies).


Emmanuel Vivet is a French civil servant and spent 15 years specializing in negotiations at governmental level in various public international fields (bilateral and multilateral) and for the European Commission. He also is an associate research fellow at the Institute for Research and Education on Negotiation (IRENE, France).


Preliminary pages (p. 0)
Introduction: We Produce History; We Might as Well Use it, Wisely (p. 1)
Roman Diplomacy During the Republic: Do the Mighty Negotiate? (p. 9)
The Treaty of Dijon (1513): Or, the Art of Negotiating without a Mandate (p. 23)
Diplomatic Crisis in July 1914: Secrecy, Ultimatums, and Missed Opportunities (p. 33)
The German “All or Nothing” Approach in 1917: Unwilling to Negotiate (p. 43)
The Phoenicians (960 BCE): Long Distances, Close Business Relationships (p. 53)
Christopher Columbus and the Catholic Monarchs (1485–1492): Negotiating Troubled Waters (p. 67)
The 1998 St Malo Declaration on European Defense: High Ambitions, Modest Results (p. 79)
US–Chile Free Trade Negotiations (2000–2003): Linkage Analysis (p. 89)
Negotiating Peace with the FARC (2010–2016): Out of the Woods? (p. 103)
Constantinople, the Armies of the First Crusade and Alexius I Comnenus: How a Coalition was Built between Latins and Greeks in 1096 (p. 115)
The Constantinople Conference (1876–1877): Negotiating with Russia (p. 127)
No Impunity for the Crimes in Darfur (2005): Negotiations within the Security Council (p. 139)
Negotiating the American Constitution (1787–1789): Coalitions, Process Rules, and Compromises (p. 151)
The Vienna Congress (1814–1815): A Security Council “Avant La Lettre” (p. 165)
The 1856 Congress of Paris: Putting Victory to Good Use (p. 179)
Woodrow Wilson in Versailles: A Transparent Diplomat’s Frustrated Ambition (p. 191)
The Convention on the Future of Europe (2002–2003): A Model Process for a Multi-Institutional Meeting (p. 207)
An Industrialization Deal in 1868 Japan: Glover the Scotsman in Nagasaki (p. 217)
The 1659 Treaty of the Pyrenees: France and Spain Negotiate Honor (p. 231)
The Macartney Embassy to China (1793): Negotiating Face and Symbols (p. 239)
What Set Off the Korean Conflict of 1950? Interests, Reputation, and Emotions (p. 251)
The Cuban Missile Crisis, 1962: Overt Confrontation, Covert Diplomacy and Downright Luck (p. 261)
The Run Up to the Trump/Kim Singapore Summit: Playing Red and Playing Blue (p. 273)
Negotiating in Syria in 1920: Gouraud and Faisal before the Battle of Damascus (p. 289)
UN Security Council Resolution 242 of 1967: Ambiguity in International Agreements (p. 305)
The Iran Nuclear Issue (2003–2005): Choosing to Negotiate (p. 317)
The Iran Nuclear Negotiations (2005–2015): Tumbling in the Escalation Trap (p. 327)
Raoul Nordling and the 1944 Liberation of Paris: A Mediator Saves Paris (p. 337)
The Peace Process in Northern Ireland (1997–2007): From Hatred to Reason (p. 349)
Four Decades in the Southern Philippines (1971–2008): Can “Biased” Mediators be Helpful? (p. 359)
Conclusion: Lessons for Modern Diplomacy (p. 369)
Index (p. 375)

More info here
(source: ESCLH Blog)

dinsdag 19 november 2019

JOURNAL: Journal of the History of International Law/Revue d'histoire du droit international XXI (2019), No. 3

(image source: Brill)

Resolving the Misunderstood Historical Order: A Korean Perspective on the Historical Tributary Order in East Asia (Si Jin Oh)
Regarding the historical East Asian order, previous studies appear to have emphasized Chinese and Japanese perspectives, and this academic phenomenon seems to have contributed to solidifying a misunderstanding. This study attempts to present a Korean perspective providing different points of view that challenge previous perspectives on the legal status of Korea in the nineteenth century. One of the critical misunderstandings about the historical relationship between China and Korea is that of vassalage. However, such an analogy is misleading. The East Asian international normative order, which was based on Li, is a particular order that requires a separate treatment. The nature of the tributary order would not necessarily impair sovereignty if it were possible to project and apply the classical international law of the nineteenth century. As the policy of Dongdoseogi represents, however, Korea once seemed to have preferred to maintain the two normative systems simultaneously.
From Swords to Words: the Intersection of Geopolitics and Law, and the Subtle Expansion of International Law in the Consolidation of the Independence of the Latin American Republics (Nicolas Carillo-Santarelli & Carolina Olarte-Bácares)
 Looking at successive chronological stages in the development from the de facto independence of former Spanish colonies towards their first timid recognition by the United Kingdom and their later full acceptance as states by the Spanish monarchy, this article examines several factors that indicate that pragmatism, motivated by political and economic reasons, was the defining element that persuaded different European powers to grant recognition to the nascent States in a historical era in which such recognition was essential for statehood. Those Latin American Republics likewise benefited from British recognition and the later definitive recognition of Spain and other European powers, bending the limits of the law then existing with dynamics based on the principle of effectiveness coupled with certain legitimacy considerations, which have been present throughout history, including the present.
Divide and Then Preside: the Dilemma of the First Asian President of the Permanent Court of International Justice in the Age of Empires: a Review Essay on Yanagihara Masaharu and Shinohara Hatsue Eds, Adachi Mineichirō (2017)
Adachi Mineichirō was the first non-European and the first Asian President of the Permanent Court of International Justice (1931–1934). This review article introduces the first substantial study of Adachi, focusing on his path of ‘becoming’ one of a few leading international jurists with non-Euro-American backgrounds in his period. This review essay demonstrates that by examining this Japanese diplomat and jurist, the book, written in Japanese, contributes to the debates on the history of international law in two significant ways. First, it reveals the fundamental issues in the development of the international judicial system, namely the nature of international jurists, empires and the principle of the equality of national sovereignty, and the significance of the roles of non-Euro-American actors in shaping the system. Secondly, it demonstrates the necessity of the inter-disciplinary collaboration between international law, international history and specific regional and national history, as well as methodological challenges in evaluating the historical development of the system.
Book reviews.

Read more with Brill.

maandag 18 november 2019

BOOK: Heike KRIEGER, Georg NOLTE & Andreas ZIMMERMANN (eds.), The International Rule of Law. Rise or Decline ? (Oxford: OUP, 2019), XII + 378 p. ISBN 9780198843603.

(image source: OUP)

The authors examine the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values, or are we, to the contrary, rather facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters and eleven comments, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law’s contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
On the editors
Heike Krieger, editor Professor of Public Law and International Law, Freie Universität Berlin Georg Nolte, editor Professor of Law, Humboldt-Universität zu Berlin Andreas Zimmermann, editor Professor of International Law and Director of the Human Rights Centre, University of Potsdam 
(source: OUP)

vrijdag 15 november 2019

BOOK: Morten BERGSMO & Emiliano J. BUIS (eds.), Philosophical Foundations of International Criminal Law: Correlating Thinkers (Brussels: TOAEP, 2018), ISBN 978-82-8348-117-4; OPEN ACCESS

We learned of the online publication of an open access book on philosophical foundations of international criminal law.


The 'Publication Series' is the oldest publication series of the Torkel Opsahl Academic EPublisher (TOAEP). Prior to volume No. 30, it was called 'FICHL Publication Series'. Several books in this series originate in academic seminars organised by CILRAP. Unsolicited texts are subjected to peer review. The printed versions of the books are distributed through the normal channels and the e-books are made freely available through this web page (with the indicated persistent URL which you can use in citations as it is permanent). Reviews of books in the Publication Series are available here

Philosophical Foundations of International Criminal Law:Correlating Thinkers
The book can be ordered in hardcover here

More information here
(source: ESCLH Blog)

woensdag 13 november 2019

LECTURE: The Fifth Annual Asser Lecture 2019 with Prof. Anne ORFORD: the social question in international law (The Hague: 28 NOV 2019)

(image source: Wikimedia Commons)

Event abstract:
While international law has played a central role in creating the conditions for market liberalisation on a global scale, many international lawyers have paid less attention to the social question, leaving human welfare, social unrest, labour relations, or migration to be addressed by economists, criminologists, sociologists, or demographers. According to Prof. Orford, the current situation of people who are dispossessed or impoverished by economic liberalisation, and the exhaustion of the world’s resources have become inescapable barriers to the continuation of ‘global business as usual’. In our Fifth Asser Annual Lecture, Prof. Orford puts the social question back on the international law table. How might international economic law-making and adjudication be re-embedded within political processes? And how can foundational political questions about property, security, survival, and freedom be returned to democratic control? We are very honoured that Sigrid Kaag, Minister for Foreign Trade and Development Cooperation in The Netherlands will join us to celebrate the fifth year anniversary of the Annual T.M.C. Asser Lecture (to be confirmed).
On the speaker:
Anne Orford is Redmond Barry Distinguished Professor, Michael D Kirby Chair of International Law, and an Australian Laureate Fellow at Melbourne Law School, where she directs the Laureate Program in International Law. Anne Orford is also an elected Fellow of the Academy of the Social Sciences in Australia. She has held visiting positions at Lund University, University Paris 1 (Panthéon-Sorbonne), the University of Gothenburg, NYU School of Law and Harvard Law School. Her work combines the study of history and theory of international law with an engagement with central debates in social theory, history, economics and philosophy. Orford aims to grasp the changing nature and function of international law and its relation to social, political, and economic transformation. Her major publications include International Authority and the Responsibility to Protect (Cambridge University Press 2011), Reading Humanitarian Intervention (Cambridge University Press 2003), the edited collection International Law and its Others (Cambridge University Press 2006), and, as co-editor, The Oxford Handbook of the Theory of International Law (Oxford University Press 2016). A collection of her essays in French, entitled Pensée Critique et Droit International, is forthcoming with Pedone. Her latest monograph International Law and the Politics of History, will be published by Cambridge University Press in 2019. Her work has been recognised by numerous honorary doctorates of laws. 
(source: Asser Institute$)

CALL FOR PAPERS: Decolonial Comparative Law Workshop (6 October 2020, Johannesburg) (DEADLINE: 6 February 2020)

We learned of a call for papers for a new collaborative research project on decolonial comparative law by the Max Planck Institute for Comparative and International Private Law in Hamburg. Here the call:

Call for papers: Decolonial Comparative Law Workshop 6 October 2020

Johannesburg, South Africa

Abstract submission deadline: 6 February 2020 Draft paper submission deadline: 20 August 2020
The Max Planck Institute for Comparative Law (Hamburg) and the University of the Witwatersrand
School of Law will host a one-day workshop on decolonial comparative law on 6 October 2020 at the University of Witwatersrand (Johannesburg). The workshop precedes the International Academy of Comparative Law Thematic Congress on “Diversity and Plurality in Law,” which takes places 7-9 October in Pretoria (South Africa). (Our workshop is not connected to the International Congress and participation in our workshop is not limited to or dependent on attendance of the International Congress.)

THEME: Although traditional comparative law methods have been criticized for several decades now, a clear alternative has not emerged. Debates between doctrinal, functionalist, and culturalist comparatists remain unresolved. One reason may be that despite such differences, a deeper, and problematic, agreement remains intact: agreement on certain ideas of law (as a matter of expertise) and of society (as either already or seeking to be liberal/democratic) that emerged within a European colonial context. Conventional comparative law—with all its valuable methodological and theoretical disagreements—remains mired within a Eurocentric paradigm encompassing the objects of comparison (too often civil vs common law) and theoretical and methodological presuppositions (the concept of law, the role of the state and of community, the mode of thought, etc.). Because conventional comparative law is mired in colonial epistemologies, we seek to explore decolonial comparative law. Decolonial theory is a school of critical theory developed by scholars (primarily in South America) engaging with the epistemological distinctiveness of coloniality in settler-colonies, as compared to colonies. (Decolonial theory is related to, but different from, decolonization, a historical process by which colonized states become formally independent. By way of example, whereas decolonization necessitates redistribution of property, decolonial theory necessitates a radical rethinking of property.) Decolonial scholars emphasize that modernity and coloniality are inseparable, such that the world today is dominated by the epistemic assumptions of modernity/coloniality. To overcome the hegemony of modernity, decolonial theorists call for pluriversality. Pluriversality rejects universality and emphasizes the simultaneous legitimacy of multiple traditions and social orderings from intellectual—not only geographic—borderlands. A basic presumption of decolonial theory is that the native/indigenous societies that were nearly eradicated by settler-colonialism are important sources of resistance to European epistemological hegemony. Our project brings together the broad insights and challenging ideas of decolonial theory to the field of comparative law. We are interested in both identifying the colonial structures and presuppositions in conventional comparative law and examining what a decolonial comparative law could look like and what it could achieve. Such a program operates both on a theoretical and a practical level, bringing together concrete case studies and theoretical considerations. Most importantly, decolonial comparative law is a pluriversal project that includes multiple voices and perspectives, rather than reinforcing coloniality through a European-dominated effort of decolonization. To that end, our project emphasizes giving voice and authority to legal scholars in the global South. (We invite those interested to view and to suggest additions to our work-inprogress bibliographies of decolonial theory and decolonial legal studies:

We invite papers that address any aspect of decolonial comparative law, including: • How was the development of the modern discipline of comparative law in nineteenthcentury Europe intertwined with European colonialism? • How do legal transplants manifest coloniality? • How do both functionalist and culturalist methods reflect particular colonial ideas of the relation between law and society? • What were the premodern precursors to the modern discipline of comparative law? • How is the bifurcation between secular law and religious law implicated in coloniality? • How do neo-colonial relationships of power continue to shape conventional comparative law? • How can indigenous and native legal traditions transform the conventional discipline of comparative law? • How can a decolonial comparative law be theorized and practiced? • What are the decolonial alternatives to the use of the modern nation-state as the key analytical category of comparison in conventional comparative law?

Attendance in the workshop is open. We ask those interested in attending to register as engaged listeners by emailing with “Decolonial comparative law, engaged listener registration” in the subject line. Please indicate your full name, your institutional affiliation (if any), and your preferred email address. (Engaged listeners are asked to attend the entire workshop and read all the papers in advance.)

ABSTRACT SUBMISSION: Please send your title and abstract in any language of no more than 750 words (including a bibliography of up to five entries) to as an attachment by 6 February 2020. Authors of accepted papers will be asked to submit a draft paper by 20 August 2020. Please indicate if you will need funding in order to attend the workshop. (MPI will provide two-nights of accommodation for participants; some needs-based reimbursement for travel will also be available.)

ORGANIZERS: The Decolonial Comparative Law Workshop is co-organized by Tshepo Madlingozi (, Ralf Michaels (, Lena Salaymeh (, and Emile Zitzke ( ABOUT the University of the Witwatersrand School of Law : Wits School of Law is based in Johannesburg, South Africa. Alongside equipping students with critical thinking skills across our undergraduate and postgraduate teaching offerings, we host three Centres – the Wits Law Clinic, the Mandela Institute and the Centre for Applied Legal Studies (CALS). Our centres help us to produce locally significant and globally important interventions, research and advice. We are based at Wits University’s Faculty of Commerce Law and Management on West Campus. Our roots go back to 1922 when our initial offering was the Law Certificate for attorneys and the Civil Service Lower Law Examination. As we approach 100 years of existence our modern day offering is vast. We teach a variety of undergraduate programmes, specialised master’s degrees, PhD programmes and international exchanges.

ABOUT the Max Planck Institute for Comparative and International Private Law: The MPI in Hamburg is dedicated to performing foundational research and promoting the transfer of knowledge in the field of comparative law. The results of the Institute’s research are reflected in academic publications as well as in the recommendations and expert opinion papers prepared for commissions, governments and courts. Additionally, the scholars employed at the Max Planck Institute for Comparative Law regularly play a role in the formulation of laws at both the national and international level. MPI is committed to international partnerships and the establishment of academic networks with domestic and foreign research institutes and universities in order to foster new directions in scholarly inquiry.

More info with the Max Planck Institute
(source: ESCLH Blog)

dinsdag 12 november 2019

BOOK: Matthew CRAVEN, Sundhya PAHUJA, and Gerry SIMPSON (eds.) International Law and the Cold War (Cambridge: Cambridge University Press, 2019). ISBN 9781108499187, £ 120.00

(Source: CUP)

Cambridge University Press is publishing a new book on international law and the cold war.


International Law and the Cold War is the first book dedicated to examining the relationship between the Cold War and International Law. The authors adopt a variety of creative approaches - in relation to events and fields such as nuclear war, environmental protection, the Suez crisis and the Lumumba assassination - in order to demonstrate the many ways in which international law acted upon the Cold War and in turn show how contemporary international law is an inheritance of the Cold War. Their innovative research traces the connections between the Cold War and contemporary legal constructions of the nation-state, the environment, the third world, and the refugee; and between law, technology, science, history, literature, art, and politics.


Matthew CravenSchool of Oriental and African Studies, University of London

Matthew Craven is a Professor of International Law at School of Oriental and African Studies, University of London, and Chair of the Centre for the Study of Colonialism, Empire and International Law. He is also a Senior Fellow at Melbourne Law School and a member of the Advisory Council for the Institute for Global Law and Policy at Harvard Law School. He is author of The Decolonization of International Law: State Succession and the Law of Treaties (2007) and The International Covenant on Economic, Social and Cultural Rights (1995).

Sundhya PahujaUniversity of Melbourne

Sundhya Pahuja is a Professor of International Law and Director of the Institute for International Law and the Humanities at the University of Melbourne. She is a leading scholar of postcolonial international law, and author of Decolonising International Law (Cambridge, 2011).

Gerry SimpsonLondon School of Economics and Political Science

Gerry Simpson is a Professor of International Law at London School of Economics and Political Science. He held the Sir Kenneth Bailey Chair of Law at the University of Melbourne Law. He is the author of Great Powers and Outlaw States (Cambridge, 2004) and Law, War and Crime: War Crimes Trials and the Reinvention of International Law (2007).


About the editors
About the authors
List of figures
1. Reading and unreading a historiography of hiatus Matthew Craven, Sundhya Pahuja and Gerry Simpson
Part I. The Anti-Linear Cold War:
2. International law and the Cold War: reflections on the concept of history Richard Joyce
3. The elusive peace of Panmunjom Dino Kritsiotis
Part II. The Generative/Productive Cold War:
4. Accounting for the ENMOD convention: Cold War influences on the origins and development of the 1976 Convention on Environmental Modification techniques Emily Crawford
5. Nuclear weapons law and the Cold War and post-Cold War worlds: a story of co-production Anna Hood
6. Parallel worlds: Cold War division space Scott Newton
7. Shadowboxing: the data shadows of Cold War international law Fleur Johns
8. Contesting the right to leave in international law: The Berlin Wall, the third world brain drain and the politics of emigration in the 1960s Sara Dehm
9. Bridging ideologies: Julian Huxley, Détente, and the emergence of international environmental law Aaron Wu
10. More than a 'parlour game': international law in Australian public debate, 1965–1966 Madelaine Chiam
11. Environmental justice, the Cold War and US human rights exceptionalism Carmen G. Gonzalez
12. The Cold War and its impact on Soviet legal doctrine Anna Isaeva
13. Forced labour Anne-Charlotte Martineau
14. Rupture and continuity: North–South struggles over debt and economic co-operation at the end of the Cold War Julia Dehm
15. The Cold War history of the landmines convention Treasa Dunworth
Part III. The Parochial/Plural Cold War:
16. The Cold War in Soviet international legal discourse Boris N. Mamlyuk
17. The Dao of Mao: Sinocentric socialism and the politics of international legal theory Teemu Ruskola
18. 'The dust of Empire': the dialectic of self-determination and re-colonisation in the first phase of the Cold War Upendra Baxi
19. The 'Bihar Famine' and the authorisation of the green revolution in India: developmental futures and disaster imaginaries Adil Hasan Khan
20. Pakistan's Cold War(s) and international law Vanja Hamzić
21. International law, Cold War juridical theatre, and the making of the Suez Crisis Charlie Peevers
22. To seek with beauty to set the world right: Cold War international law and the radical 'imaginative geography' of Pan-Africanism Christopher Gevers
23. John Le Carré, international law and the Cold War Tony Carty
24. Postcolonial hauntings and Cold War continuities: Congolese sovereignty and the murder of Patrice Lumumba Sara Kendall
25. End times in the Antipodes: propaganda and critique in On the Beach Ruth Buchanan.

More information here
(source: ESCLH Blog)