ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

dinsdag 30 juni 2020

SSRN PAPER: Jacob KATZ COGAN, "A History of International Law in the Vernacular" (JHIL, forthcoming)

(image source: Wikimedia Commons)

Abstract:
Histories of international law have typically focused on the origins of legal rules and doctrines, the decisions of courts and other formal tribunals, the views of professors and legal theorists and diplomats, and the evolution of the legal profession. That is, international legal histories have centered on the concerns of lawyers and states and have reflected a positivist vision of international lawmaking. We need a history of international law that focuses more on international law in action—the invocation, elaboration, and contestation of rules in and through their everyday application, not just by states, high-level state actors, legal theorists, and state-organized domestic and international institutions, but also by individuals, low-level officials, private groups, and nongovernmental actors and in places outside of the usual fora where “international law” is said to be found. We need a history of international law in the vernacular.
Read the full paper on SSRN.