ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

Friday 26 February 2021

ZOOM TALK: Berengère PIRET & Marie VAN EECKENRODE, Les dossiers de la colonie. Les archives de la colonisation belge, entre enjeux historiques et interrogations citoyennes (Bruxelles: Académie Royale de Belgique, 2 MAR 2021)

 

(Postcard from Léopoldville; image source: geanet)

Abstract:

Ces derniers mois, les statues coloniales ont été au cœur de nombreux et vifs débats ; les uns souhaitent les déboulonner jugeant qu’elles n’ont plus leur place dans la Belgique contemporaine quand d’autres réclament leur conservation sous peine « d’effacer l’histoire ». Les discussions concernant le patrimoine colonial sont plus complexes qu’il n’y parait et ne peuvent en aucun cas se limiter aux statues. Celui-ci comprend aussi les archives et les objets culturels produits à cette période ainsi que, de manière générale, le paysage urbain notamment. Les archives sont produites par les acteurs de la colonisation pour documenter leurs activités administratives, économiques ou missionnaires comme leur vie quotidienne. La plupart de ces documents ont été transférés à Bruxelles au moment de l’indépendance. Les biens culturels sont façonnés dans différentes régions du Congo avant d’être (mal) acquis par des ethnologues ou fonctionnaires coloniaux principalement pour les envoyer aux musées métropolitains. Le paysage urbain, et bruxellois en particulier, a été largement redessiné durant la période coloniale. Léopold II a veillé à inscrire le Congo dans l’espace public. À son instar, de nombreux édiles communaux et des entreprises ont érigé des monuments ou nommé des rues en référence à l’action coloniale. Après avoir envisagé ces trois éléments, ce cycle abordera le thème de leur devenir articulé en questionnant les notions de restitution et de réappropriation.

More information here

Thursday 25 February 2021

ARTICLE: Jochen VON BERNSTORFF, "Autorité oblige: The Rise and Fall of Hans Kelsen’s Legal Concept of International Institutions" (EJIL XXXI (2020), No. 2 (Sep) 497-523

 

(image source: OUP)

Abstract:
Hans Kelsen and his Vienna School in International Law developed a highly original legal concept of international institutions. It originated in the Interbellum and aimed at bolstering the new institutional structures created in the League era by promoting egalitarian legal structures and strong judicial controls of both member states and the organs of the institution. Against the background of this new approach to international organization, Kelsen, after World War II, developed a first and particularly harsh critique of the UN Charter.

Read further with OUP: DOI  10.1093/ejil/chaa045

Wednesday 24 February 2021

BOOK: Randall LESAFFER and Janne NIJMAN (ed.), The Cambridge Companion to Hugo Grotius (Cambridge: CUP, 2021)

(image Hugo Grotius; source: Wikimedia Commons)


Abstract:

The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

Table of contents:

1. Introduction Randall Lesaffer and Janne E. Nijman
Part I: Grotius in Context:
2. Life and Intellectual Development. An Introductory Biographical Sketch Henk Nellen
3. Grotius as Legal, Political and Diplomatic Official in the Dutch Republic Edwin Rabbie
4. Grotius and the East Indies Peter Borschberg
Part II: Concepts:
5. Virtue Mark Somos
6. Trust (fides) Peter Schröder
7. Natural Law as True Law Meirav Jones
8. Sociability Benjamin Straumann
9. Sovereignty Guus Van Nifterik
10. Church and State Harm-Jan Van Dam
11. Predestination Camilla Boisen
12. Rights Francesca Iurlaro
13. Rights Laurens Winkel
14. Property, Trade and Empire Andrew Fitzmaurice
Part III: Grotius as Man of Letters, Theologian and Political Writer:
15. Literary Writings Arthur Eyffinger
16. Historical Writings Jan Waszink
17. Theological Writings Oliver O'Donovan
18. Political Writings Hans Blom
Part IV: Grotius as a Legal Scholar:
19. Legal Scholastic and Humanist Influences on Grotius Alain Wijffels
20.Grotius' Introduction to Hollandic Jurisprudence Wouter Druwé
21. The Laws of War- and Peace-Making Randall Lesaffer
22. The Law of Armed Conflict Stephen C. Neff
23. The Freedom of the Seas William E. Butler
24. Property Bart Wauters
25. The Law of Contract and Treaties Paolo Astorri
26. Punishment and Crime Dennis Klimchuk
Part V: The Reception of Grotius:
27. Grotius and the Enlightenment Marco Barducci
28. Grotian Revivals in the Theory and History of International Law Ignacio de la Rasilla
29. Grotius in International Relations Theory William Bain.

On the editors:

Randall Lesaffer, Universiteit van Tilburg, The Netherlands Randall Lesaffer is Professor of Legal History at KU Leuven in Belgium and at Tilburg University in The Netherlands. His research focuses on the history of the early-modern law of nations in Europe, as well as the history of modern international law. He is the general editor of The Cambridge History of International Law, Oxford Historical Treaties and an editor of The Journal of the History of International Law. He is president of the Grotiana Foundation (https://grotiana.eu/); Janne E. Nijman, Universiteit van Amsterdam Janne E. Nijman is Professor of History and Theory of International Law at the University of Amsterdam in The Netherlands, and academic director of the T.M.C. Asser Institute in The Hague. She is also Professor of Public International Law at the Graduate Institute of International and Development Studies in Geneva. She has published on Hugo Grotius, and she is an editor on the board of Grotiana and a board member of the Grotiana Foundation (https://grotiana.eu/).

(source: CUP

Tuesday 23 February 2021

BOOK: Kathryn GREENMAN, Anne ORFORD, Anna SAUNDERS & Ntina TZOUVALA (eds.), Revolutions in International Law. The Legacies of 1917 (Cambridge: CUP, 2021), ISBN 9781108495035

 

(image source: CUP)

Book abstract:

In 1917, the October Revolution and the adoption of the revolutionary Mexican Constitution shook the foundations of the international order in profound, unprecedented and lasting ways. These events posed fundamental challenges to international law, unsettling foundational concepts of property, statehood and non-intervention, and indeed the very nature of law itself. This collection asks what we might learn about international law from analysing how its various sub-fields have remembered, forgotten, imagined, incorporated, rejected or sought to manage the revolutions of 1917. It shows that those revolutions had wide-ranging repercussions for the development of laws relating to the use of force, intervention, human rights, investment, alien protection and state responsibility, and for the global economy subsequently enabled by international law and overseen by international institutions. The varied legacies of 1917 play an ongoing role in shaping political struggle in the form of international law.

Table of contents:

1. International law and revolution:
1917 and beyond Kathryn Greenman, Anne Orford, Ntina Tzouvala and Anna Saunders
Part I. Imperialism:
2. Looking eastwards: the Bolshevik theory of imperialism and international law Ntina Tzouvala and Robert Knox
3. Lenin at Nuremberg: anti-imperialism and the juridification of crimes against humanity Amanda Alexander
Part II. Institutions and Orders:
4. Excluding revolutionary states: Mexico, Russia and the League of Nations Alison Duxbury
5. Law, class struggle and nervous breakdowns Mai Taha
6. Microcosm: Soviet constitutional internationality Scott Newton
7. Law and socialist revolution: early Soviet legal theory and practice Owen Taylor
Part III. Intervention:
8. Intervention: sketches from the scenes of the Mexican and Russian Revolutions Dino Kritsiotis
9. Mexican revolutionary constituencies and the Latin American critique of US intervention Juan Pablo Scarfi
10. Mexican post-revolutionary foreign policy and the Spanish Civil War: legal struggles over intervention at the League of Nations Fabia Fernandes Carvalho Veçoso
Part IV. Investment:
11. 1917: property, revolution and rejection in international law Kate Miles
12. 1917 and its implications for the law of expropriation Daria Davitti
13. Contestations over legal authority: the Lena Goldfields Arbitration 1930 Andrea Leiter
14. The Mexican Revolution: alien protection and international economic order Kathryn Greenman
Part V. Rights:
15. 'Animated by the European spirit': European human rights as counterrevolutionary legality Anna Saunders
16. Human Rights, revolution and the 'good society': the Soviet Union and the Universal Declaration of Human Rights Jessica Whyte.

(source: IL Reporter - CUP

Monday 22 February 2021

SUMMER SCHOOL: Global and Trans-national History: What is European History in the 21st Century? (Firenze: EUI, 14-16 SEP 2021)

 

(image source: EUI)

Abstract:

The Department of History and Civilization at the European University Institute (EUI) is happy to announce its seventeenth Summer School in Global and Transnational History, which will take place on September 2021. This year, the Summer School would like to invite contributions on the specific theme of What is European History in the 21st Century? In the nearly half century since the EUI History Department was established, the contours of European history have shifted away from nation-based or comparative approaches. The department now defines itself a center for the study of Trans-national, Global and comparative history. All of these approaches are implicitly about creating a new history of Europe, but have they accomplished this goal? What is the outlook for the future of this project? This summer school is devoted to asking, “What is European History in the 21st Century?” As historians call for the decolonization of history, and, simultaneously, face the historical distortions encouraged by resurgent populist nationalisms, reflection on the possibilities and problems of European history have never seemed more urgent. Should European history bring to the centre of its narratives, peoples and societies who are traditionally considered marginal to Europe? How can European History illuminate the global and transnational dynamics which have shaped the lives of differently situated Europeans?

(source: EUI

Friday 19 February 2021

BOOK: Ingo VENZKE & Kevin JON HELLER (eds.), Contingency in International Law. On the Possibility of Different Legal Histories (Oxford: OUP, 2020), 560 p. ISBN 9780192898036, USD 125

 

(image source: OUP)

Abstract:
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.

Table of contents:

I. INTRODUCTION
1. Contingency Situated, Ingo Venzke
II. THEORISING AND NARRATING CONTIGENCY
A. Enacted Structures and Structured Actors
2. On Dead Circuits and Non-Events, Fleur Johns
3. Contingency in International Legal History: Why Now?, Genevieve Painter
4. The Necessity of Contingency: Method and Marxism in International Law, Umut Özsu
5. The Realist and the Visionary: Property, Sovereignty, and the Problem of Social Change, Justin Desautels-Stein
6. An Enlarged Sense of Possibility for International Law: Seeking Change by Doing History, Janne Nijman
B. Situated Perspectives and Possibilities
7. Contingencies in International Legal Histories: Origins and Observers, Filipe dos Reis
8. Historical Base and Legal Superstructure: Reading Contingency and Necessity in the Tadic Challenge, Michele Tedeschini
9. Subverting Eurocentric Epistemology: The Value of Nonsense When Designing Counterfactuals, Mohsen al Attar
10. The Time of Contingency in International Law, Geoff Gordon
III. LOCATING AND RESISTING CONTINGENCY
A. Migrants and Refugees
11. The Contingency of International Migration Law, Frédéric Mégret
12. Contingent Movements? Differential Decolonisations of International Refugee and Migration Law and Governance, Christopher Szabla
B. Sea and Resources
13. What if the United Nations Convention on the Law of the Sea had Entered into Force Unamended: Business as Usual or Dystopia?, Alex Oude Elferink
14. What if Arvid Pardo had not made his famous speech? (False) Contingency in the Making of the Law of the Sea, Surabhi Ranganathan
15. Contingent Economic Ordering: Permanent Sovereignty over Natural Resources and International Commodity Agreements, Lucas Lixinski and Mats Ingulstad
C. Human Rights
16. Rights for Daydreaming: International Human Rights Law Thought Otherwise, Kathryn McNeilly
17. Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human' Rights in International Law, Silvia Steininger and Jochen von Bernstorff
18. Austerity: Why Human Rights Came Late and Helped Little, Matthias Goldmann
D. Armed Conflict
19. Contingencies of Context: Contested Legacies of the Algerian Revolution in the 1977 Additional Protocols to the Geneva Conventions, Emma Stone Mackinnon
20. Unveiling Common Article 3 to the Geneva Conventions: Contingency, Necessity and Possibility in International Humanitarian Law, Bianca Maganza
21. The Narrative Contingency of International Humanitarian Law: Crimes against Humanity in Cixin Liu's Post-Humanist Universe, Amanda Alexander
22. Why Did Starvation Not Become the Paradigmatic War Crime in International Law?, Nicholas Mulder and Boyd van Dijk
E. Foreign Investments
23. The Law of State Responsibility and the Persistence of Investment Protection, Kathryn Greenman
24. Barcelona Traction Re-Imagined: The ICJ as a World Court for Foreign Investment Cases?, Saïda El Boudouhi
25. From a Fortuitous Transplant to a Fundamental Principle of Law? The Doctrine of Legitimate Expectations and the Possibilities of a Different Law, Josef Ostranský
F. The New International Economic Order
26. Bandung's Fate, Kevin Crow
27. 'Poisonous Flowers on the Dust-heap of a Dying Capitalism': The United Nations Code of Conduct on Transnational Corporations, Contingency and Failure in International Law, Michelle Staggs Kelsall
G. Eruptions
28. Contravention and Creation of Law during the French Revolution, Edward Kolla
29. Contingencies in The Rise of European and Latin American Private International Law, 1850 to 1950, Ana Delic
IV. OUTLOOK

30. From Situated Freedom to Plausible Worlds, Samuel Moyn

 (source: OUP)


Thursday 18 February 2021

ONLINE SEMINAR: Transatlantic Roundtable to Launch the Oxford Handbook of Gender, War, and the Western World since 1600 (University of North Carolina; 5 MAR 2021)

 

(image source: UNC)

Event description:

This transatlantic roundtable launches the publication of The Oxford Handbook of Gender, War, and the Western World since 1600 a comprehensive historical overview of the entangled relationships between gender, war and military culture, and remembers one of its three editors, Sonya O. Rose (1935-2020), who sadly died weeks before the book was published.

The roundtable will focus on the intersection of gender, war and citizenship, which is not only one of the major themes of the Oxford Handbook, but also of Sonya Rose’s work. It starts from her suggestion, to think of citizenship as ‘’a framework that serves as a basis for claims-making.” Citizenship, she wrote, is a discursive framework that enables people to make various political and other claims and shapes political subjectivities that get enacted in the process of claims-making. Deeply marked by gender, race and class, this framework of citizenship produces exclusions—and offers tools to contest these. War often comes with a particularly intense discourse and politics of citizenships, in which claims made by, and on, people get linked to the issue of national survival. The roundtable will explore the politics of citizenship in the context of military and war and ask how transformations of modern warfare have affected notions of citizenship and gender, and vice versa how historical and changing notions of citizenship and gender shaped military and war.

The participants of the roundtable will explore the wartime politics of citizenship in various historical and geographical contexts, ranging from late eighteenth-century Wars of Revolution and Independence to Word War II. Three sets of questions are central to their exploration:

  1. How have specific gender orders informed specific historical wars and types of war? How have, vice versa, specific historical wars and types of war shaped gender orders and gendered politics of citizenship in particular?
  2. How have wartime politics of citizenship been shaped by the intersection of categories of difference and inequality such as gender, race, and class?
  3. What were the long-term effects on gender orders of wartime politics of citizenship? What explains the persistence or subsiding of wartime reconfigurations of gender and citizenship?

Program:

Program

  • Welcome
    Berit Ebert, 
    Vice President, American Academy Berlin
    Jan Willem Duyvendak,
     Director, Netherlands Institute for Advanced Study in the Humanities and Social Sciences
  • IntroductionThe Oxford Handbook of Gender, War, and the Western World since 1600—A Global Project
    Karen Hagemann,
     University of North Carolina at Chapel Hill
  • Commemorative Address: Sonya O. Rose: A Transatlantic Gender Historian
    Susan Grayzel, Utah State University

Roundtable: Gender, War and Citizenship

  • Moderation: Karen Hagemann, University of North Carolina at Chapel Hill
  • Participants
    • Gender, War and Citizenship
      Thomas Kühne,
       Clark University
    • Masculinity, War and Citizenship in 18th and 19th Century Europe
      Stefan Dudink
      , Radboud University Nijmegen
    • Colonial Soldiers, Empire, and Male Citizenship  in the Age of the World Wars
      Richard Smith, Goldsmiths, University of London
    • The North American Home Front, Race and Citizenship
      Kimberly Jensen, Western Oregon University

(source: UNC

Wednesday 17 February 2021

BOOK: Karen GRAM-SKJOLDAGER, Haakon Andreas IKONOMOU & Torsten KAHLERT (eds.), Organizing the 20th-Century World. International Organizations and the Emergence of International Public Administration, 1920-1960s [Histories of Internationalism] (London: Bloomsbury Academic, 2020), ISBN 9781350134584, 82,8 USD

 

(image source: Bloomsbury)

Abstract:

International Organizations play a pivotal role on the modern global stage and have done, this book argues, since the beginning of the 20th century. This volume offers the first historical exploration into the formative years of international public administrations, covering the birth of the League of Nations and the emergence of the second generation that still shape international politics today such as the UN, NATO and OECD. Centring on Europe, where the multilaterization of international relations played out more intensely in the mid-20th century than in other parts of the world, it demonstrates a broad range of historiographical and methodological approaches to institutions in international history. The book argues that after several 'turns' (cultural, linguistic, material, transnational), international history is now better equipped to restate its core questions of policy and power with a view to their institutional dimensions. Making use of new approaches in the field, this book develops an understanding of the specific powers and roles of IO-administrations by delving into their institutional make-up.

 Table of contents:

Chapter 1: Introduction, Karen Gram-Skjoldager, Aarhus University, Denmark and Haakon A. Ikonomou, University of Copenhagen, Denmark, and Torsten Kahlert, and University of Copenhagen, Denmark.

Part I: Populating Administrations
Chapter Biographical Analysis: Insights and Perspectives from the IO BIO Dictionary Project Bob Reinalda, Radboud University, The Netherlands.
Chapter 3 The Biography as Institutional Can-Opener: An Investigation of Core Bureaucratic Practices in the Early Years of the League of Nations Secretariat
Haakon A. Ikonomou, University of Copenhagen, Denmark.
Chapter 4 Prosopography – Unlocking the Social World of International Organizations
Torsten Kahlert, Aarhus University, Denmark.

Part II: Learning and Norms
Chapter 5: The Influence of the United States on the Rise of Global Governance in
Education: The OEEC and UNESCO in the Post-World War II Period,
Maren Elfert, King's College London, UK & Christian Ydesen, Aalborg University, Denmark.
Chapter 6: Learning Across Institutions – the Officials of the ECSC High Authority and EEC Commission, Katja Seidel, University of Westminster, UK
Chapter 7: Food and Nutrition – Expertise Across International Epistemic Communities and Organizations, 1919-1960, Amy Sayward, Middle Tennessee State University, USA.


Part III: Legitimacy and Legimization
Chapter 8: Legitimizing International Bureaucracy – Press and Information Work from the League of Nations to the UN, Emil Seidenfaden, Aarhus University, Denmark
Chapter 9: The Avant-Garde of the League: The International Federation of League of Nations Societies and their Part in Governing the World, Anne Isabel Richard, Leiden University, The Netherlands
Chapter 10 An Uneasy Relationship – German Diplomats and Bureaucrats in the League of Nations, Michael Jonas, Helmut Schmidt Universität, Germany

Part IV: Leadership and Administration
Chapter 11: Secretaries-General and Crisis Management – Trygve Lie and the UN, Ellen Ravndal, University of Stavanger, Norway.
Chapter 12: Leadership Styles and Organizing Principles in NATO: Ismay, Spaak and Wörner, Linda Risso, Institute of Historical Research/School of Advanced Studies, UK
Chapter 13: The Making of International Civil Servants c. 1920-1960 – Establishing the Profession, Karen Gram-Skjoldager, University of Copenhagen, Denmark and Haakon A. Ikonomou, Aarhus University, Denmark

(source: Bloomsbury

Tuesday 16 February 2021

ARTICLES: Henri DE WAELE & Janne NIJMAN on international legal history (EJIL XXXI (2020), Issue 3)

(image source: OUP)


A New League of Extraordinary Gentlemen? The Professionalization of International Law Scholarship in the Netherlands, 1919–1940 (Henri de Waele) (open access)

Abstract:

Despite the historical turn in the study of public international law and the advance of comparative approaches, still too little attention is paid nowadays to specific national traditions. This holds, inter alia, for the scholarly views and practices in the Netherlands during the first half of the 20th century. This article seeks to shed light on the experiences here at the advent of the League of Nations and its tentative ‘new world order’. Offering a meso-level analysis, it portrays the leading protagonists during the 1920s and 1930s, aiming to provide a snapshot of how their discipline and activities underwent an unexpectedly swift professionalization. This process is perceived to have run along three distinct vectors – academic, societal and diplomatic/bureaucratic – which are each examined in turn. Novel opportunities stemming from the rise of the international judiciary, especially the two Permanent Courts established on Dutch soil, are looked at separately. The research delivers a greater insight into the inter-war era and the challenges faced by (academics from) smaller nations, enabling us to situate underexplored local experiences within a global frame, and offering useful lessons for (the writing of) international law history more generally.

Marked Absences: Locating Gender and Race in International Legal History (Janne Nijman) (open access)

Abstract: 

This article was sparked by a critical reading of Henri de Waele’s article ‘A New League of Extraordinary Gentlemen? The Professionalization of International Law Scholarship in the Netherlands, 1919–1940’, and aims to offer an alternative perspective on this period in the history of Dutch international legal scholarship. While it appreciates the author’s examination of Dutch international law scholarship during the interwar period and concurs with the idea that this scholarship needs to be examined more closely, it argues that doing history today requires us first to raise ‘the woman question’, especially in the context of the so-called ‘professionalization’ of international law in the 1920s and 1930s, and second to include Dutch colonialism as an important backdrop to the work of the interwar international law scholars. I will give some pointers and illustrations to support this argument. The specific Dutch material brought to bear aims to show more generally the importance of questioning rather than reproducing traditional historiography, within which ‘the woman question’ and ‘the colonial question’ were left unmentioned. As such this article also deals with the issue of expanding and remaking international legal history as an issue of present and future purport

Monday 15 February 2021

LECTURE: Peter HOLQUIST: The Laws of War and Their Russian Origins (Berlin: The American Academy in Berlin, 13 FEB 2019)

 

The Laws of War and Their Russian Origins from American Academy in Berlin on Vimeo.

First paragraph:

Early-modern legal scholars, military commanders, and diplomats asserted the existence of customs and usages of war, distinguishing it from unbridled violence. But when did these “customs and usages” crystallize into the “laws of war”? Not until the second half of the nineteenth century, in fact, when scholars and statesmen sought to transform these norms into international law. In this talk, Peter Holquist discusses the first effort to codify the law of war, at the 1874 Brussels Conference, which met in the aftermath of the Franco-Prussian War. He focuses on the differences in how European states conceived of international law and the law of war, and explores why, of all the Great Powers, it was the Russian government that drove the codification process.

Watch the lecture here (or above). 

Friday 12 February 2021

BOOK: Marc WELLER, Mark RETTER & Andrea VARGA (eds.), International Law and Peace Settlements (Cambridge: CUP, 2021), 752 p. ISBN 9781108498043, 225 GBP

 

(image source: CUP)

Abstract:
International Law and Peace Settlements provides a systematic and comprehensive assessment of the relationship between international law and peace settlement practice across core settlement issues, e.g. transitional justice, human rights, refugees, self-determination, power-sharing, and wealth-sharing. The contributions address key cross-cutting questions on the legal status of peace agreements, the potential for developing international law, and the role of key actors – such as non-state armed groups, third-state witnesses and guarantors, and the UN Security Council – in the legalisation and internationalisation of settlement commitments. In recent years, significant scholarly work has examined facets of the relationship between international law and peace settlements, through concepts such as jus post bellum and lex pacificatoria. International Law and Peace Settlements drives forward the debate on the legalisation and internationalisation of peace agreements with diverse contributions from leading academics and practitioners in international law and conflict resolution.

Table of contents:

1. Framing the relationship between international law and peace settlements Marc Weller, Mark Retter and Andrea Varga
Part I. Historical Dimensions to Peace Settlement Practice:
2. Ancient peace treaties and international law Larry May
3. The lore and laws of peace-making in early-modern and 19th-century European peace treaties Randall Lesaffer
4. The Treaty of Westphalia as peace settlement and political concept: from a German security system to the constitution of international law Christoph Kampmann
5. The boundaries of peace-making: British imperial encounters, c.1700–1900 Megan Donaldson
Part II. Peace Agreements as Legal Instruments:
6. The interpretation and implementation of peace agreements Laura Edwards and Jonathan Worboys
7. The afterlife of peace agreements Mats Berdal
8. Interactions between peace agreements and international law Philipp Kastner
Part III. Key Actors and the Role of International Law:
9. Non-state armed groups and peace agreements: examining legal capacity and the emergence of customary rules Daragh Murray
10. Witnesses and guarantors: third-party obligations and the internationalisation of peace agreements Andrea Varga
11. The Security Council, peace-making and peace settlement: between executive and pragmatic Nigel D. White
12. Peace-making, peace agreements and peacekeeping: strategic, operational and normative issues Scott Sheeran and Catherine Kent
Part IV. Representation, Sovereignty and Governance:
13. Inclusion and women in peace processes Tiina Pajuste
14. National dialogues and the resolution of violent conflicts Katia Papagianni
15. Advancing peaceful settlement and democratisation: the doubtful usefulness of international electoral norms Brad R. Roth
16. Power sharing and peace settlements Marie-Joëlle Zahar
17. Resolving religious conflicts through peace agreements Isak Svensson
18. Self-determination and peace-making Marc Weller
19. Peace agreements and territorial change Marcelo Kohen and Mamadou Hébié
Part V. Economic Aspects of Peace Settlements:
20. Political economy, international law and peace agreements Andrew Ladley and Achim Wennmann
21. Balancing national ownership with international intervention: combating illegal exploitation of natural resources through peace processes Daniëlla Dam-de Jong
22. Sharing resource wealth in conflict settlements George Anderson
23. Overcoming violence in maritime conflicts with provisional arrangements: a legal tool for conflict resolution Christian Schultheiss
24. Financing peace through law? Financial woes for a law of peace-making Mark Retter
Part VI. Humanitarian Obligations and Human Rights:
25. Negotiating the international legal fate of detainees Jake Rylatt and Mark Retter
26. Accountability: essential for peace or an obstacle? Renée Jeffery
27. The return of people and property Anneke Smit
28. Peace settlements and human rights Jenna Sapiano
29. Developments in peace settlement practice and international law Marc Weller.
(source: CUP)