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52 results

Page 1 of 3

  • 4 - After Method: International Law and the Problems of History

  • from Part I - Methods, Approaches and Encounters
  • Edited by Annabel Brett, University of Cambridge, Megan Donaldson, University College London, Martti Koskenniemi, University of Helsinki
  • Book: History, Politics, Law
  • Published online: 28 September 2021
  • Print publication: 07 October 2021, pp 96-126

  • Summary

    ‘Ah … yes …’ Lord Kessler’s faint smile and tucked-in chin suggested an easily mastered disappointment. ‘And what is your chosen field?’

    ‘Mm. I want to have a look at style,’ Nick said. …

    Lord Kessler appeared uncertain. 1

    You’re gone; I am learning to live in history.

    What is history? What you cannot touch. 2

    In the spirit of ‘thinking through the international’ and reflecting on the ways of (historical and juridical) seeing that might enliven (or temper) such thinking, I want to ask a question and make a small plea.

  • 1 - Reading and Unreading a Historiography of Hiatus

  • Edited by Matthew Craven, School of Oriental and African Studies, University of London, Sundhya Pahuja, University of Melbourne, Gerry Simpson, London School of Economics and Political Science
  • Book: International Law and the Cold War
  • Published online: 05 December 2019
  • Print publication: 19 December 2019, pp 1-24

  • Summary

    The fall of the Berlin Wall in 1989 and the collapse of the Soviet Union in the years which followed brought into play a new international imaginary launched with a flurry of inaugural gestures. These included the proclamation, by US President George Bush, of a ‘New World Order’ in 1991, the publication, by UN Secretary-General Boutros Boutros-Ghali, of an Agenda for Peace in 1992,and, in the most triumphalist gesture of the three, the American political scientist Francis Fukuyama’s invocation of the end of history. Many international legal scholars, too, applauded the beginning of a new post–Cold War world, no longer dominated by two rival superpowers. It was a moment widely thought to be full of new ‘global’, if not cosmopolitan, possibilities.

International Law and the Cold War
  • Edited by Matthew Craven, Sundhya Pahuja, Gerry Simpson
  • Published online: 05 December 2019
  • Print publication: 19 December 2019
  • International Law and the Cold War is the first book dedicated to examining the relationship between the Cold War and International Law. The authors adopt a variety of creative approaches - in relation to events and fields such as nuclear war, environmental protection, the Suez crisis and the Lumumba assassination - in order to demonstrate the many ways in which international law acted upon the Cold War and in turn show how contemporary international law is an inheritance of the Cold War. Their innovative research traces the connections between the Cold War and contemporary legal constructions of the nation-state, the environment, the third world, and the refugee; and between law, technology, science, history, literature, art, and politics.

  • Great Powers and Outlaw States Redux

  • Gerry Simpson
  • Journal: Netherlands Yearbook of International Law / Volume 43 / December 2012
  • Published online by Cambridge University Press: 24 June 2013, pp. 83-98
  • Print publication: December 2012

  • In this brief paper, provoked in part by Pieter Kooijmans' The Doctrine of the Legal Equality of States, the author returns to his 2004 book, Great Powers and Outlaw States and reads it in light of criticisms by two sympathetic interlocutors, and in the shadow of the 2003 Iraq War and more recent efforts to conceptualise the possibilities of constraining hegemony (when it threatens the ‘rule of law’) and promoting it (when it might secure some superseding political ends).

  • 6 - Atrocity, law, humanity: punishing human rights violators

  • from Part II - Interconnections
  • Edited by Conor Gearty, London School of Economics and Political Science, Costas Douzinas, Birkbeck College, University of London
  • Book: The Cambridge Companion to Human Rights Law
  • Published online: 05 December 2012
  • Print publication: 22 November 2012, pp 114-133

  • Summary

    François de Menthon, one of the French Prosecutors at the Nuremberg war crimes trial in 1945, was assigned the task of defining humanity. The context was a trial in which a more or less new legal category – crimes against humanity – had to be created to encompass the system of abuse and murder instituted by the Nazis in the mid 1930s. This development had a spatial imperative (Nazi crimes committed against Germans in Germany fell outside the category of ‘war crimes’, a category encompassing only acts committed against foreign soldiers or civilians), a temporal imperative (war crimes applied only to acts committed during war and excluded peace-time offences) and a moral imperative (it was believed that an unprecedented level of baseness had been reached and that the response to it required a new language and new law).

    In its delineation of crimes against humanity, de Menthon’s opening address to the International Military Tribunal invoked three distinguishable concepts. The first was the idea that certain acts were crimes against human beings regardless of the race, religion, national affiliation or ethnicity of the victims. This was international criminal law in its universalising mode, and it was an inspiration for two 1948 landmarks: The Genocide Convention (in the field of criminal law) and The Universal Declaration of Human Rights (UDHR) (in the field of human rights law).

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