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30 results

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  • 12 - Using History in Latin America

  • from Part II - The Historiography of International Law
  • Edited by Randall Lesaffer, KU Leuven & Tilburg University, Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg
  • Book:
    The Cambridge History of International Law
    Published online:
    06 December 2024
    Print publication:
    21 November 2024, pp 378-427

  • Summary

    Latin American international lawyers are prolific historians. However, while having profusely written histories of international law, Latin Americans have shied away from historiographic controversy. Latin Americans have not disagreed much about how to conceive and write history, but they have had sound disagreements about the international law that is constructed by history, they have disagreed over different ways of using history as law. This chapter offers a history of these disagreements. Some Latin-Americans have used universal histories, echoing the familiar Eurocentric history from the Latin-American periphery to the core, in order to gain doctrinal authority to speak and change international law. With a similar goal in mind, other Latin-Americans have used particularistic histories, foregrounding the region’s doctrinal divergences and contributions to universal international law. Universalist and particularistic histories were dominant between the first half of the nineteenth century and the second half of the twentieth century, between independence and the Cold War. Towards the end of the Cold War, these two types of history merged into one, presenting the region’s historical trajectory as in harmony with universal international law. This represents a break. If in the nineteenth century an international legal tradition emerged in Latin-America, during the twentieth century it radicalised, diverging from international law as conceived from the West. From the Cold War merger an endemic history emerged, which depoliticised and deradicalised the Latin American tradition. Exploring this history of history-writing in the region may help rearticulating a more ambitious Latin American international law.

  • 10 - Universal and European

  • from Part IV - Constitution and Contestation
  • Edited by Andrew Phillips, University of Queensland, Christian Reus-Smit, University of Queensland
  • Book:
    Culture and Order in World Politics
    Published online:
    25 December 2019
    Print publication:
    09 January 2020, pp 207-231

  • Summary

    Discriminating between alternative cultural forms, when for example, determining the conditions under which international legal subjectivity is recognized to some human groupings – states – but not to others – indigenous peoples – international law structures cultural diversity. Structuring cultural diversity in the international order, international law, however, does not operate in a cultural vacuum. Its own social institutions discipline diversity in international legal thought and practice, structuring international legal culture. This chapter explores the use of ideas and images about universality and about Western particularity in international legal argumentation to show the multiplicity of conflicting and heterogeneous meanings and practices that constitute international legal culture.

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