2024
ESIL Annual Conference Technological Change and International Law
Call for Papers:
Historical
Perspectives on Technological
Change and International Law
The ESIL Interest Group on the History of
International Law cordially invites submissions of papers for its upcoming
workshop centered on the theme “Historical Perspectives on Technological
Change and International Law”. This gathering seeks to unravel the
mysteries of technological evolution and its enduring legacy upon the edifice
of international law.
We are intrigued by the historical development
of various technologies across different spatial and temporal contexts within
international law. All papers that delve into the debates concerning
technological change in international law or explore the influence of
technological change on international law are warmly welcomed.
Centuries have witnessed the inexorable march
of technological innovation, each stride leaving an indelible mark on the
canvas of international law. Technological change – whatever that may be, but
as reasonably defined by an author - has impacted international law, just as
international law has responded and evolved in the wake of new technological
advancements. New disciplines and fields emerged, and old doctrines and theories
disappeared. Novel technologies even prompt the
emergence of entirely “new” fields of international law, such as international
labor law, international environmental law, and air and space law, contributing
to the so-called fragmentation of international law.
History is rife with examples and case studies
illustrating the intricate interplay between technology and international law. With regard to the law
on the use of force, the requirement for a formal declaration of war has been
undermined by the advancement of telecommunications. Technological advancements in weaponry (e.g. chemical
and nuclear weapons) have reshaped international humanitarian law. Similarly,
the law of the seas has adjusted for innovations in ship-building and seafaring
technologies (maps, cartography, GPS). Technology also affects
the way and extent to which states project their powers. The limit of three
nautical miles no longer defines the limit of the territorial sea now that
coastal batteries can shoot beyond this range. The industrial revolution also
caused international law to evolve. The inventions of the telegraph and railway
required new commercial arrangements, enabled
the expansion of colonialism, and caused a surge of Western investments
abroad. For example, in the mid-19th century, the industrial extraction of
sugar from beets in Western Europe distorted the international sugar trade for
decades, leading to the conclusion of dozens of treaties. Sometimes, an
invention causes entirely new fields of international law to emerge. The airplane
and space exploration created the need for aerospace law. But sometimes, too,
international law fails to catch up with technological changes. For example,
the Hague Convention on Explosives from Balloon in 1907 failed to become a
general prohibition against aerial bombardments. Such failures to address
technological change are equally important moments in the history of
international law.
In reviewing the history of technological
changes and international law, authors are encouraged to engage in discussions
evaluating how international law has both succeeded and failed to accommodate
and regulate technological changes. We welcome papers from all methodological
perspectives, as long as they address technology and the history of
international law.
Papers could address any of the following topics, but also any topic that
addresses technological change (reasonably defined by the author) and the
history of international law:
•
Governance,
preservation, and dissemination of knowledge in international legal history
•
The role of
international regulation in the rise of new technologies
•
The influence of
new technologies on human rights, both advancing and undermining
•
The impact of
technological changes on broader socio-political and sovereign processes
•
How technological
changes have affected the development and codification of international law
•
The influence of
technological changes on the law of treaties and state responsibility
•
The effects of
technological changes on international adjudication
•
The
constitutionalization of international law in response to technological changes
•
The emergence of
technology-specific international law
•
The impact of
technological changes on the laws of war, peace, the use of force, and arms
control
•
How technologies
have shaped concepts of sovereignty
•
The appearance or
disappearance of disciplines, principles, and concepts within international law
due to technological changes
•
Case studies of
failures to foresee and regulate technological changes in international law.
•
The impact of
inventions like the steam engine, railways, and telegraph on international law
We are particularly
interested in papers that engage with non-Western perspectives on the historical
perspectives on technological change and international law. We welcome
submissions from scholars and practitioners at all stages of their careers, and
particularly encourage submissions from early-career scholars and scholars from
underrepresented regions and perspectives.
The Interest Group is unable to provide
funding for travel and accommodation. Selected speakers will be expected to
bear the costs of their own travel and accommodation. Some ESIL travel grants
and ESIL carers' grants will be available to offer partial financial support to
speakers who have exhausted other potential sources of funding.
Please see the ESIL website for all relevant
information about the 19th Annual Conference. The Interest Group workshop is
open to ESIL members, and all participants are required to register for the
Annual Conference. There will be an option to register just for one day to
attend the workshop; however, all participants are warmly invited to attend the
entire event.
Selected speakers should indicate their
interest in being considered for the ESIL Early-Career Scholar Prize, if they
meet the eligibility conditions as stated on the ESIL website. The ESIL
Secretariat must be informed of all selected speakers who wish to be considered
for the Prize before 30 April.
Submissions should
include an abstract of no more than 500 words, a short bio of the author(s),
and contact information, in Word (not PDF). Abstracts should be
submitted by the 22nd of March, 5 pm (CET) to anastasia.hammerschmied@univie.ac.at.
The abstract and bio should be separated to allow for anonymous review by
the convenors. The workshop will take place on the 4th of
September (time slot TBA), and will provide an opportunity for participants to
engage in a critical discussion of their research and to receive feedback from
other scholars and practitioners. Remote participation will be possible, but
in-person presence is highly preferred.
Convenors
Anastasia Hammerschmied – Florenz Volkaert - Jaanika Erne – Sze Hong Lam
(Ocean)
