ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

Monday 28 June 2021

FOCUS SECTION: The European Tradition in International Law: Camilo Barcia Trelles (European Journal of International Law XXXI (2021), No. 4 (Nov)

(image source: OUP)


Camilo Barcia Trelles in and beyond Vitoria's Shadow (1888–1977) (Ignacio de la Rasilla) (DOI 10.1093/ejil/chab001)

Abstract:

Credited with having fostered the renaissance of Francisco de Vitoria and the School of Salamanca in international law circles in the interwar period, Camilo Barcia Trelles has largely fallen into oblivion along with most Spanish international law professors of the Spanish Civil War generation. The first part of this article provides an outline of the long career of Barcia Trelles against the background of the radically transformed domestic and international context of the interwar years and the aftermath of World War II in both Spain and Europe. The second part surveys three key themes of Barcia Trelles’ 60-year long contribution to the study of international law and international politics. First, it analyses his early interest in the process of regionalism in Latin America and the role of North American foreign policy in the region. This is followed by an analysis of Barcia Trelles’s attention to the study of the Spanish classics of international law during the interwar period, and, finally, by an overview of his approach to the study of international law in the light of international politics during the Cold War. The conclusion briefly engages with the legacy of Barcia Trelles’ life and works in the European tradition of international law.

 The Cradle of International Law: Camilo Barcia Trelles on Francisco de Vitoria at The Hague (1927) (Randall Lesaffer) (DOI 10.1093/ejil/chab002)

Abstract:

In 1926, James Brown Scott invited the Spanish international lawyer Camilo Barcia Trelles to lecture at the 1927 Hague Academy of International Law on the contribution of the Spanish internationalists of the 16th century to the development of international law. With his lecture series on Francisco de Vitoria, Barcia Trelles fulfilled the hopes Scott had of enlisting an ally in his crusade to the Spanish origins of international law. Through their respective writings, the two international lawyers from both sides of the Atlantic co-produced the myth which situates the oldest roots of the ‘science of international law’ with Vitoria and the School of Salamanca and which has to this day largely obscured the contribution of late-medieval jurisprudence. This article analyses the methodological and intellectual moves Barcia Trelles made to construe Vitoria as the original founder of international law and detach him from his medieval sources.

Camilo Barcia Trelles on the Meaning of the Monroe Doctrine and the Legacy of Vitoria in the Americas (Juan Pablo Scarfi) (DOI 10.1093/ejil/chab003)

Abstract:

This article explores three important dimensions of the work and trajectory of Camilo Barcia Trelles: his understanding of the Monroe Doctrine; his vision and contribution to the debates in Latin America and the United States over intervention and the codification of American international law; and how his own understanding of the intellectual legacy of Francisco de Vitoria shaped his views and approaches to these topics. The article argues that Barcia Trelles provided a Spanish Americanist version of international law in the Americas, according to which, following the Spanish conquest of America and Vitoria’s important contribution to international law, a irreversible division began to emerge between the two Americas, that is, the Latin American and US traditions of international law, especially since the US Declaration of Independence, the collapse of the Spanish Monarchy and the independence of the Spanish American republics.

 Skip Nav Destination Article Navigation Camilo Barcia Trelles on Francisco de Vitoria: At the Crossroads of Carl Schmitt’s Grossraum and James Brown Scott’s ‘Modern International Law’ (José María Beneyto) (DOI 10.1093/ejil/chab005)

Abstract:

Carl Schmitt’s The Nomos of the Earth in the International Law of the Jus Publicum Europaeum (1950) undertook a re-interpretation of the modern origins of the discipline of international law, placing Vitoria at its pivot, as the Spanish international law professor Camilo Barcia Trelles (1888–1977) had done before. Barcia’s work had a strong influence on some of the seminal pieces on international law and geopolitics that Schmitt wrote in the period from 1941 to 1950. This was the case for Schmitt’s historical mythology of the opposition between sea and earth and its juridical consequence, his doctrine of the Grossraum, which had as its basis Barcia’s account of the Monroe Doctrine, and also of Schmitt’s critique of the ‘discrimination of war’ formalized in the Kellogg–Briand Pact. According to Barcia, the exclusion of European powers from the American continent by the United States as a rising hegemon was transformed – thanks to its domination of the sea – into the global reach of a world police power. Barcia did not agree with Brown Scott’s transformation of international law through American liberal internationalism into ‘modern international law’. While Brown Scott and Schmitt were competing for two opposing vernaculars of the discipline in search for a new definition and to shape it, Barcia was instrumental in the opposed efforts of these two apparently very dissimilar representatives of international law by ushering Vitoria into their service.