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18 February 2018

BOOK: Anthony CARTY & Janne NIJMAN (eds.), Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order (Oxford: OUP, 2018), 496 p. ISBN 9780199670055, £80

(image source: OUP)

Book abstract:
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.
 Table of contents:
Introduction: The Moral Responsibility of Rulers: Going Back Beyond the Liberal 'Rule of Law' for World Order, Anthony Carty and Janne Nijman Part I: Law and Justice in Early Modern European Thought on World Order 1: The Universal Rule of Law in the Thought of the Late Medieval Jurists of Roman and Canon Law, Joseph Canning 2: 'The Law of Nations is Common to all Mankind': Jus gentium in Humanist Jurisprudence, Susan Longfield Karr 3: 'Cleare as is the Summers Sunne'? Scottish Perspectives on Legal Learning, Parliamentary Power and the English Royal Succession, Andrew RC Simpson 4: Humanism, the Bible, and Erasmus' Moral World Order, Xavier Tubau 5: Legislating for the 'Whole World that is, in a Sense, a Commonwealth': Conquest, Occupation, and the Obligation to 'Defend the Innocent', Anthony Pagden 6: Cardinal Richelieu between Vattel and Machiavelli, Anthony Carty 7: The Universal Rule of Natural Law and Written Constitutions in the Thought of Johannes Althusius, John Witte Jr. 8: Hugo Grotius and the Universal Rule of Law, Christoph Stumpf 9: Aquatopia: Lines of Amity and Laws of the Sea, Peter Goodrich 10: A Universal Rule of Law for a Pluralist World Order: Leibniz's Universal Jurisprudence and his Praise of the Chinese Ruler, Janne Nijman Part II: Law and Justice in Chinese Thought on World Order 11: Moral Rulership and World Order in Ancient Chinese Cosmology, Aihe Wang 12: 'Humane Governance' as the Moral Responsibility of Rulers in East Asian Confucian Political Philosophy, Chun-chieh Huang 13: Bridging the Western and Eastern Traditions: A Comparative Study of the Legal Thoughts of Hugo Grotius and Lao Zi, Hu Henan 14: The Hazards of Translating Wheaton's 'Elements of International Law' into Chinese: Cultures of World Order Lost in Translation, Emily Cheung and Maranatha Fung 15: Chinese Intellectuals' Discourse of International Law in the Late 19th Century and Early 20th Century, Tian Tao 16: The Crisis of the Ryukyus 1877-1882: Confucian World Order Challenged and Defeated by Western/Japanese Imperial International Law, Patrick Sze-lok Leung and Anthony Carty 17: Lost in Translation in the Sino-French War in Vietnam: From Western International Law to Confucian Legal Semantics: A Comparative-Critical Analysis of Chinese, French, and American Archives, Anna Baka and Lucy QI 18: The Sino-Japanese War and the Collapse of the Qing and Confucian World Order in the Face of Japanese Imperialism and European Acquiescence, Patrick Sze-Lok Keung and Bijun Xu 19: Confucianism and Western International Law in 1900: Li Hongzhang and Sir Ernest Satow Compared: The Case Study of the Crisis of Russia in Manchuria 1900-1, Jing Tan and Anthony Carty
More information with OUP.

17 February 2018

BOOK: Craig ANDERSON, Roman Law Essentials, 2nd ed. (Edinburgh: Edinburgh University Press, 2018). ISBN 9781474425087, £15.99



Edinburgh University Press is publishing a new edition of its “Roman Law Essentials” at the end of this month.

DESCRIPTION

Roman Law Essentials provides a clear overview of the structure of Roman government and society. It first introduces the sources and development of Roman Law. Then, it examines the three keystones of Roman Law: The Law of Persons, The Law of Things and the Law of Actions. The final section appraises the reception of Roman Law into medieval Canon Law and the Ius Commune, from which many of the world's leading legal systems developed. The guide gives special attention to the evolution of Scots Law from Roman Law.

TABLE OF CONTENTS

Table of Cases
Table of Statutes
Note on the Citation of Roman Sources
1. Historical Introduction
2. Sources and Development of Roman Law
3. The Law of Persons
4. The Law of Things: Rights in Property
5. The Law of Things: Acquisition of Ownership
6. The Law of Things: Succession
7. The Law of Things: Contracts
8. The Law of Things: Delicts
9. The Law of Things: Other Obligations
10. The Law of Actions
11. The Reception of Roman Law

More information on the publisher’s website

NOTICE: Peter Gonville Stein Book Award (Deadline for nominations: March 15, 2018)



Via H-Law, please find the following announcement regarding nominations for the Peter Gonville Stein Book Award.

Peter Gonville Stein Book Award

The American Society for Legal History announces the Peter Gonville Stein Book Award, to be presented annually for the best book in legal history written in English. This award is designed to recognize and encourage the further growth of fine work in legal history that focuses on all non-US regions, as well as global and international history. To be eligible, a book must sit outside of the field of US legal history and be published during the previous calendar year. Announced at the annual meeting of the ASLH, this honor includes a citation on the contributions of the work to the broader field of legal history. A book may only be considered for the Stein Award, the Reid Award, or the Cromwell Book Prize. It may not be nominated for more than one of these three prizes.

The Stein Award is named in memory of Peter Gonville Stein, BA, LLB (Cantab); PhD (Aberdeen); QC; FBA; Honorary Fellow, ASLH, and eminent scholar of Roman law at the University of Cambridge, and made possible by a generous contribution from an anonymous donor.

For the 2018 prize, the Stein Award Committee will accept nominations of any book (not including textbooks, critical editions, and collections of essays) that bears a copyright date of 2017 as it appears on the printed version of the book. Translations into English may be nominated, provided they are published within two years of the publication date of the original version.

Nominations for the Stein Award (including self-nominations) should be submitted by March 15, 2018. Please send an e-mail to the Committee at steinaward@aslh.net and include: (1) a curriculum vitae of the author (including the author’s e-mail address); and (2) the name, mailing address, e-mail address, and phone number of the contact person at the press who will provide the committee with two copies of the book. This person will be contacted shortly after the deadline. (If a title is short-listed, six further copies will be requested from the publisher.)

Please contact the committee chair, Mitra Sharafi, with any questions: <email>  
The Stein committee for 2018 is composed of
Mitra Sharafi (2015), chair, University of Wisconsin-Madison <
email
Michael Grossberg (2015), Indiana University Bloomington <
email
Jisoo Kim (2017), The George Washington University <
email
Kristin Mann (2015), Emory University <
email
Jessica Marglin (2017), University of Southern California <
email
Matthew C. Mirow (2017), Florida International University <
email
Daniel Lord Smail (2017), Harvard University <
email
David V. Williams (2017), University of Auckland <
email>  

15 February 2018

BOOK: Taylor ST. JOHN, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences (Oxford: Oxford University Press, 2018). ISBN 9780198789918. £60.00



Oxford University Press is publishing a book on the creation of the ICSID Convention of 1965 and the origins of the current investor-state dispute settlement regime next month. The book is available for pre-order on the publisher’s website (expected publication date March 8, 2018)

DESCRIPTION

Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system.
The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence.

International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.

TABLE OF CONTENTS

Introduction

1: International Officials and the Rise of ISDS: A Historical Institutionalist Account

Part I. Creating the Convention

2: Gunboats and Diplomacy: Antecedents of the ICSID Convention
3: Intergovernmental Bargaining: 'The Lowest Common Denominator Was Not Yet Low Enough'
4: Supranational Agenda-Setting: The World Bank's 'Modest Proposal'
5: Intergovernmental Deliberation and Ratification of ICSID

Part II. Eliciting State Consent

6: Layering: How Investor-State Arbitration Was Added to Investment Treaties
7: Conversion: America Embraces Investor-State Arbitration
8: Why is Exit So Hard? Positive Feedback and Institutional Persistence
Conclusion

More information on Oxford University Press' website 

BOOK: Anna KRUEGER, Die bindung der Dritten Welt an das postkoloniale völkerrecht [Beiträge zum ausländischen öffentlichen recht und völkerrecht] (Berlin: Springer, 2018). ISBN 978-3-662-54413-6, € 89,99.


(Source: Springer)

Springer recently published a book dealing with the debate concerning the bindingness of international law on Third World states in the era of decolonisation.

DESCRIPTION

Das Buch untersucht die völkerrechtshistorische, -theoretische und -praktische Debatte um die Bindung der Dritten Welt an die etablierte Völkerrechtsordung nach der Dekolonialisierung unter besonderer Beachtung herausragender Völkerrechtler in den neuen Staaten wie Ram Prakash Anand, Taslim Olawale Elias, Mohammed Bedjaoui, Abdul Hakim Tabibi und Mustafa Kamil Yasseen. Dabei werden die Arbeiten der Völkerrechtskommission der Vereinten Nationen (ILC) und die sich anschließenden Staatenkonferenzen im Recht der Verträge (WVK) sowie im Recht der Staatennachfolge (WKSV und WKSVAS) aufgearbeitet, welche die Völkerrechtler in der Dritten Welt zur Umsetzung ihres „Globalsolidarischen Projekts“ (Reform der etablierten Völkerrechtsordnung im Interesse der Weltgemeinschaft, Errichtung einer Neuen Weltwirtschaftsordnung) zu nutzen versuchten.

TABLE OF CONTENTS

Kapitel 1: Einleitung......................................................   1

Teil I: Die Bestimmungsfaktoren der Bindungsdebatte in der Völkerrechtswissenschaft

Kapitel 2: Die Kolonialisierung als prägendes Moment für die Völkerrechtler in der Dritten Welt ............................   17
Kapitel 3: Die Entstehung der Bindungsdebatte in Folge der Kritik der Völkerrechtler aus der Dritten Welt an der etablierten Völkerrechtsordnung . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41
Kapitel 4: Die Hoffnungen der Völkerrechtler in der Dritten Welt in das Völkerrecht  ...............................................   87

Teil II: Die Bindungsfrage im Recht der Verträge

Kapitel 5: Die völkerrechtliche Debatte um Ungleiche Verträge und die WVK ..............................................  125
Kapitel 6: Unter gewaltsamem Zwang abgeschlossene Verträge in der WVK .................................................  153
Kapitel 7: Andere Normen zur Ächtung Ungleicher Verträge in  der WVK .................................................  199

Teil III: Die Bindungsfrage im Recht der Staatennachfolge

Kapitel 8: Die völkerrechtliche Debatte das um Recht der Staatennachfolge ...........................................  243
Kapitel 9: Territorialregime in der WKSV .........................  279
Kapitel 10: Erworbene Rechte in der WKSVAS ....................  335
Kapitel 11: Schlussbetrachtungen ................................  397

Summary ....................................................  405
Quellenverzeichnis  ............................................  407

More information to be found on the publisher’s website.

CFP: Conference Lay Advocacy in the Premodern World, University of Turku (Finland), 28-30 May 2018 (deadline 16 March 2018)


(image source: University of Turku)

In Europe, both secular and ecclesiastical courts developed towards professionalization, and bar associations were established since the thirteenth century. In England, barristers obtained a monopoly on representing clients at court over the centuries. On the Continent, courts and bar associations regulated advocacy. Licensing was practiced especially in superior tribunals even before the rise of the liberal professions in the nineteenth century.

Professionalization tendencies went hand in hand with the ejecting of lay advocates from courts in many countries. For example, lay advocates (Winkelschreiber) were forbidden to appear in courts in the Austrian Empire in 1857. Issued legislation went as far as to threaten lay advocates with fines and short prison spells. Several other European countries followed with restrictions, and European-style regulation of advocacy was adopted in a number of American and Asian countries in the nineteenth and twentieth centuries.

But yet, especially in more peripheral regions, laymen with legal skills could have considerable space of action in courtrooms and outside of them. They could act in court on behalf of others, counsel people with legal problems, draft legal documents, and so on. Such legal literacy as human capital and an intangible knowledge asset provided a way for social mobility in the community. This could create tensions. The position of the intermediary was a position of power, also open to abuse. Self-learned advocates and legal literates could be criticized from both sides: for incompetence by the lawyer elite and for despotism, greed and partiality by the clientele.


Papers could discuss e.g.:
-              how “professional” and “lay” advocacy was defined
-              who acted as lay advocates
-              how lay advocates learned their trade
-              what kind of cases lay advocates handled (did they e.g. differ from those handled by professional advocates)
-              who turned to lay advocates (was the clientele of lay and professional advocates the same?)
-              whether advocacy proved a channel for social mobility
-              how lay advocacy was perceived by the legal profession
-              attitudes towards lay advocates (criticism, praise, etc.)
-              attempts to forbid or regulate lay advocacy
-              lay and professional advocacy as parallel phenomena

Confirmed plenary lectures will be given by Prof. Sir John Baker (University of Cambridge), Prof. Jane Burbank (New York University) and Prof. Kjell Åke Modéer (Lund University).

Deadline for paper proposals with abstracts (max. 400 words) is 16 March 2018. For more information, please contact Professor Mia Korpiola (mia.korpiola[at]utu.fi).

13 February 2018

NOTICE: 72nd Session of the Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité (SIHDA) : extra information and registration link (11-15 September 2018, Kraków)


(Source: Sidha2018.pl)

Please hereby find the following notice from Professor Franciszek Longchamps de Bérier regarding the next Session of the Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité (SIHDA):

Dear Colleagues and Friends,

I am writing to remind you that we decided in Paris and Bologna to hold the 72nd Session of the Société Internationale Fernand de Visscher pour l’Histoire des Droits de l’Antiquité (SIHDA) at the Jagiellonian University in Kraków. The conference will begin on Tuesday afternoon, September 11, 2018, and end on Saturday, September 15, 2018. The central theme, as we decided in Bologna, is:

Plus ratio quam vis

Your paper has to focus on Antiquity Law or the heritage of Antiquity Law, and as always will be scheduled for 20 minutes with 10 minutes for discussion. We remind you that French is the official language of the conference, but your papers may also be given in English, Italian, German or Spanish. As usual, all colleagues wishing to give a paper are asked to send a short summary (ca. 10 lines) before June 30.

You can register now at sihda2018.pl

Concerning the registration process, the university accounting office allows us to propose the registration fee only in Polish zloty (PLN). The fee includes lunches, a concert on Wednesday evening, a dinner in wedding style outside Kraków on Thursday evening, and our visit to the salt mine in Wieliczka with a gala dinner in the mine. During the registration process, it is not necessary to indicate your date of birth unless you want to take advantage of the reduction in the conference fee for participants under 30 years of age. On Saturday, we plan a choice between three possible visits: Ojców National Park, Auschwitz-Birkenau, or the John Paul II route. For tax reasons, the cost of the chosen visit is included in the higher conference fee.

Although the fee is kept similar to those of the recent SIHDA conferences, it is counterbalanced by much lower costs of accommodation in Kraków. I will provide you with a list of good hotels in various standards. All of them have reasonable prices and special rates for SIHDA participants. Referring to the payment of fees, cancellation before June 30, 2018, will entitle you to a full refund, but after that date no refund will be possible. And the lower fees are only in effect until June 20, 2018.

In case of any question regarding payments and the registration process, please contact the Jagiellonian University Department of Communications and Marketing–Conferences. Their e-mail address is konferencje@uj.edu.pl

If I can be of any assistance to you, please write to sihda2018@uj.edu.pl

Looking forward to seeing you in Kraków,

Franciszek Longchamps de Bérier
Kraków, February 12, 2018​

All information on the conference can be found at sihda2018.pl

12 February 2018

NOTICE: XXIVth Annual Forum of Young Legal Historians: extra information and updated deadline for abstracts (14-17 Jun 2018, Warsaw)




Please hereby find the Second Circular for the XXIVth Annual Forum of Young Legal Historians

Dear Colleagues,

This is the Second Circular of the 24th Forum of Young Legal Historians, to be held at the University of Warsaw, Poland, between 14 and 17 June 2018.

First and foremost we would like to inform you that the President of  Warsaw, Mrs. Hanna Gronkiewicz–Waltz has graciously granted her honorary patronage to our Forum. We are grateful to the Warsaw authorities for this sign of  appreciation of  the international community of  young legal historians.

Moreover, the First Circular has met with a great interest of  our community and we have received numerous queries concerning the organisational details. This Second Circular aims to answer at least some of them.

Registration and Fee

Please be informed that the online registration has already begun. The registration form is available at the Forum website (http://forum2018aylh.uw.edu.pl/registration/).
We highly recommend that you pay the Forum fee before 1st April 2018, as payments will be possible only exceptionally during the Forum itself. Please note that all transactions must be made either with a credit card through the Dotpay service (the link to the payment form is generated automatically during the registration and sent in a separate e-mail on special request), or via a bank transfer.
Details of the bank account are as follows:
Owner of the account: Fundacja im. Rafala Taubenschlaga
Account number: PL 37 1090 1883 0000 0001 0772 6939
S.W.I.F.T.: WBKPPLPP
Description of the money transfer: Name of the Participant, Forum Fee
The bank fee must be borne by the sender. No cash transactions are possible.

Abstracts

The deadline for the abstract submission has been prolonged until 28 February 2018. Abstracts should contain no more than 200 words. Since the abstracts will also be published, we strongly recommend that authors whose abstracts are submitted not in their native language to have the text professionally proofread before presenting.

The Programme

At the moment we are only able to present a preliminary information concerning the Forum Programme. The detailed Programme shall be available on Forum website shortly after the closing date for abstract submissions.

The registration and opening session will take place on the 14th of June 2018 in the afternoon. There are four main sessions planned during the Forum (two for each day). The sessions shall be grouped according to the chronological and thematic order.

Accommodation

The organisers have booked rooms and negotiated special rates for Forum participants in several hotels, ranging from exclusive to tourist class, in the vicinity of the University of Warsaw. Information, links and registration forms are available on the Forum website (http://forum2018aylh.uw.edu.pl/ accomodationguidelines/). The participants are encouraged to book early in order to be sure of getting the accommodation of their choice as the number of pre-booked rooms is limited.

Social Events

Cocktail Reception

The President of  Warsaw, Mrs. Hanna Gronkiewicz–Waltz would like to welcome the participants of  24th Annual Forum of Young Legal Historians in the city of Warsaw on Friday, 15 June.

Excursions

We have envisaged four post-Forum excursions. All of them will start on Sunday, 17 June, in the morning:
   Royal Castle in Warsaw (and Royal Warsaw);
   Museum of King Jan III’s Palace at Wilanów (and Royal gardens);
   Museum of the History of Polish Jews POLIN (and Jewish district in Warsaw);
   PKiN, i.e. Palace of Culture and Science (and socialistic Warsaw).

The detailed program of  the excursions has already been published on the Forum website along with the registration forms. If you are willing to take part in one of the organised excursions please fill in the relevant form through our webpage!

We sincerely hope that you will be able to join us for the 24th Annual Forum of Young Legal Historians and we look forward to welcoming you to Warsaw in June, 2018.

All information can be found on the website of the Association of Young Legal Historians.

REMINDER: Lecture and Doctoral Seminar Stephen C. Neff (Edinburgh) (Ghent University, 19 February 2018)

(image source: GRILI)

On Monday 19 February 2018, Stephen C. Neff (Edinburgh) will give a lecture on the Standard of Civilization in International Law and direct a doctoral seminar with PhD-candidates at Ghent University.

Stephen Neff is senior lecturer of international law at the University of Edinburgh. His primary research interest is the history of public international law, including the history of the law of neutrality. Another major interest of his is international human rights law, from both the academic and the practical standpoints. Neff’s publications (Justice in Blue and GrayJustice Among NationsThe Rights and Duties of NeutralsWar and the Law of Nations) have proven to be landmarks in the field of the history of international law. He is by far the English-speaking authority.

Professor Neff's intervention takes place in the framework of the International Order and Justice Lecture Series, organized by the Gustave Rolin-Jaequemyns Institute of International Law (GRILI), in partnership with the Universities of Brussels, Antwerp and Leuven.

The lecture will take place on Monday 19 February 2018 from 13h00-14h30 at Room 1.2 (Paddenhoek), whereas the doctoral seminar is scheduled on the same day from 10h00-11h30 in the Facultaire Raadzaal (Voldersstraat 3). For further questions, please contact Ms. Kristien Ballegeer.

BOOK: Tadashi MORI, Origins of the Right of Self-Defence in International Law [International Law in Japanese Perspective] (Leiden: Brill Nijhoff, 2018). ISBN 9789004354975, €154,00.


(Source: Brill Nijhoff)

Brill Nijhoff has published a new book on the history of the right of self-defence in international law.

DESCRIPTION

This book examines a long-standing dispute regarding the prerequisite for the exercise of the right to self-defence and aims to offer a possible better alternatives for interpreting the significance of the precondition provided for in the Article 51 of the United Nations Charter, by taking a historical perspective on the development of that concept from the mid-19th century to 1945. The book defines the right of self-defence as understood in and before 1945, suggesting the typology which represents the strata of the concept. It will contribute to the current debate regarding the right of self-defence in contemporary international law, including that against terrorism, by providing a framework to analyse the state practice since 1945.

TABLE OF CONTENTS

Contents

Preface
List of Abbreviations
Introduction

Part 1
Re-formation of Perspectives
1 Framework of the Conventional Debate
A Bowett: Three Issues and One General Statement
B Brownlie: Re-formulation of Bowett’s General Statement
C Beyond the Framework of Debate Set by Brownlie
1 Influence of this Framework over Current Arguments
2 Beyond the Consensus Framework

2 Great Confusion over the Right of Self-Defence: The Caroline Incident
Revisited
A Divisions over the Caroline Incident
B Background to the Divisions: The Necessity Doctrine and the
Self-Defence Doctrine
1 Necessity Doctrine
2 Self-Defence Doctrine
3 Difference in the Function of the Right of Self-Defence
C Differences in the Concepts: Self-preservation Doctrine
1 Self-preservation Doctrine
2 Limits of the Self-preservation Doctrine
D Perspectives

Part 2
Two Distinct Concepts
3 The Right of Self-Defence before World War i
A State Practice
1 Justification for the Violation of the Territory of Another State
2 Justification for the Violation of the Flag-State Jurisdiction of
Another State
B Doctrine
1 Mid-19th Century
2 Late-19th Century and Later
C Policing Concept of the Right of Self-Defence

4 The Right of Self-Defence as it Developed in the Inter-war Period
A The Basic Function of Self-Defence: Resistance to Acts of
Aggression
1 The Covenant of the League of Nations (1919)
2 The Protocol for the Pacific Settlement of International Disputes
(1924)
3 Rhineland Pact (Locarno Treaties) (1925)
4 The Pact of Paris (1928)
5 Summary of Section A
B Scope of the Inter-war Right
1 The Problem of Defining Aggression
2 The Existence of Limits: League of Nations Practice 110
3 Vague Boundaries
4 Precursor of Collective Self-Defence, and the Preconditions for Its
Operation
C Significance of the Inter-war Period’s Conception of Self-Defence:
Self-Defence as Defensive War

Part 3
The Pre-1945 Right of Self-Defence
5 The Relationship between the Two Conceptions of Self-Defence 141
A Coexistence of the Two Conceptions of the Right of
Self-Defence
1 The Pact of Paris and Protection of Nationals Abroad
2 The League of Nations Codification Conference
3 The US-Mexico Mixed Claims Commission
B The Relationship between the Two Conceptions of Self-Defence
1 The Right of Self-Defence in Customary International Law and
Treaty Law
2 Violations of Territory and Resort to War
3 From Outlawry of War to Prohibition of the Use of Force
C ‘Outlawry of War’ and the Two Conceptions of the Right of
Self-Defence
6 The Right of Self-Defence in the Travaux Préparatoires of the United
Nations Charter
A Formulation of the Non-use of Force Principle
1 The Formulation Process
2 From the Moscow Declaration to the Dumbarton Oaks
Proposals
3 Deliberations at the San Francisco Conference
4 Conclusions of Section A
B The Perception of the Right of Self-Defence as Policing
Measures
1 Internal Discussions of the us Department of State
2 From Dumbarton Oaks to San Francisco
3 Theoretical Status of the Policing Conception of Self-Defence
C ‘Insertion’ of the Right of Self-Defence as Defensive War
1 From Dumbarton Oaks to San Francisco: The Two Contexts in
Which the Right of Self-Defence was Discussed
2 The Birth of Article 51
3 Collective Self-Defence against Armed Attack and Individual
Self-Defence against Aggression
D The Meaning of the Right of Self-Defence in the Drafting Process of
the un Charter

Conclusion
Bibliography
Index

More information can be found on the publisher’s website.

11 February 2018

BOOK: Benjamin A. SCHUPMANN, Carl Schmitt’s State and Constitutional Theory : A Critical Analysis (Oxford: Oxford University Press, 2018). ISBN 9780198791614, $ 75.00.



Oxford University Press has recently published a book analysing Carl Schmitt’s state and constitutional theory. The Ebook can be found here. The hardcover is available as from February 16, 2018.

DESCRIPTION

Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence.

This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans.

Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

TABLE OF CONTENTS

1. The Challenge of Mass Democracy
2. The Concept of the Political
3. The Absolute State
4. The Absolute Constitution
5. The Guardian of the Constitution
6. Basic Rights

More information to be found on the publisher’s website.

10 February 2018

JOB: 10 Postdoc Positions with EHESS (Deadline 2 MAR 2018)

(image source: EHESS)

Dix contrats de chercheurs post-doctorants sont ouverts à l'EHESS à compter du 1er septembre 2018 pour une durée d'un an, éventuellement renouvelable, pour une rémunération brute mensuelle de 2365 €.
Ces emplois concernent les différents domaines des sciences humaines et sociales.
Ils sont proposés aux jeunes chercheurs ayant soutenu, entre le 1er janvier 2015 et le 31 janvier 2018une thèse de doctorat dans un autre établissement que l'EHESS, en France ou à l'étranger.
Les candidats ne doivent jamais avoir été bénéficiaires d'un contrat de travail géré par l'EHESS. 
Chaque candidat indiquera (3 maximum) le(s) laboratoire(s) ou centre(s) de recherche de l'EHESS (ou auquel l'EHESS est associée) au sein desquels il souhaiterait être accueilli pour y inscrire son projet de recherche dans l'un des programmes d'activités du laboratoire/centre (la liste des centres est consultable sur le site de l'EHESS : https://www.ehess.fr/fr/liste-unites-recherche
Cette annonce ne concerne pas les post-doctorants EHESS déjà en poste.
La sélection favorisera les dossiers comportant une forte dimension interdisciplinaire, une ouverture internationale et une capacité de dialogue avec plusieurs laboratoires ou domaines de l'EHESS.                     
Pour postuler, les candidats doivent impérativement se connecter à l’interface emploi de l’EHESS du jeudi 1er février 2018 jusqu'au vendredi 2 mars 2018 à midi (heure de Paris) et insérer les documents suivants dans le formulaire de candidature au format pdf:
  • un curriculum vitae avec la liste des publications
  • la copie du diplôme de doctorat ou attestation faisant foi
  • le rapport de soutenance de la thèse de doctorat le cas échéant
  • une lettre de candidature, adressée à l'attention du président de l'EHESS
  • le(s) nom(s) du/des laboratoire(s) ou centre(s) de recherche de l'EHESS
  • un projet de recherche et d'activités post-doctorales (en cinq pages maximum) rédigé dans le cadre d'une année et s'insérant précisément dans le programme du/des laboratoire(s) ou centre(s) de recherche de l'EHESS ou lié(s) à l'EHESS, à Paris, Marseille, Toulouse ou Lyon.
La rédaction du projet de recherche et d'activités post-doctorales en anglais est autorisée. Toutefois, un bon niveau de compréhension et d'expression orale en français est requis.
Les candidatures se font uniquement en ligne, à partir du jeudi 1er février 2018 jusqu'au vendredi 2 mars 2018 à midi (heure de Paris).
Une confirmation automatique de réception du formulaire, sous réserve de recevabilité de la candidature à un emploi de post-doctorant à l'EHESS, sera envoyée par mail à l'adresse email inscrite dans le formulaire par le candidat.
Les résultats seront disponibles à partir du jeudi 7 juin 2018 sur le site de l'EHESS - rubrique « Recrutements/chercheurs ». Les lauréats seront contactés directement par le service des ressources humaines.
More information on the EHESS website.

BOOK: M. ANTAKI, A. CONDELLO, S. HUYGEBAERT & S. MARUSEK (eds.), Sensing the Nation's Law. Historical Inquiries into the Aesthetics of Democratic Legitimacy [Studies in the History of Law and Justice, vol. 13, eds. Georges MARTYN & Mortimer SELLERS] (Heidelberg: Springer, 2018), XII + 263 p. ISBN 978-3-319-75495-6, € 121,89. DOI 10.1007/978-3-319-75497-0

(image source: Springer)

Book abstract:
This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.
On the editors:
 Mark Antaki, Ph.D. (University of California, Berkeley 2005) is an Associate Professor in the Faculty of Law at McGill University. His research focuses on the relation of ethics and aesthetics and that of law and language. He is active in the Association for the Study of Law, Culture, and the Humanities, and has been a fellow at the Stellenbosch Institute of Advanced Study and McGill’s Institute for the Public Life of Arts and Ideas. He teaches courses in public and private law as well as legal theory. Angela Condello, PhD (2013, Roma Tre) is Temporary Lecturer at the University of Roma Tre and Adjunct Professor (Jean Monnet Module “Cultures of Normativity” 2017-2010) at the University of Torino, where she also directs LabOnt Law. She cooperates with the Human Rights Committee of the Italian Senate of the Republic. In 2015 she was Fernand Braudel Fellow (EHESS, CENJ) and in 2014 she was a Fellow at the Käte Hamburger Kolleg “Law as Culture”. Until 2016 she was Guest Professor at the Law School of the University of Ghent. She teaches Law and Humanities at Roma Tre. She organizes the International Roundtables for the Semiotics of Law (New York 2017; Torino 2019) and is in the boards of Law Text Culture, Law & Literature, Rivista di Estetica. She is Associate Editor of Brill Research Perspectives in Art and Law and directs a book series on French Philosophy and Law (Westminster University Press). In 2016 she received a Jean Monnet award. Her book Analogica. Il doppio legame tra diritto e analogia in forthcoming with Quodlibet (early 2018). Stefan Huygebaert is a Research Foundation Flanders (FWO) PhD Fellow at the Ghent Legal History Institute and Department of Art History, Musicology and Theatre Studies (Ghent University). His dissertation, entitled Visual Ideals of Law and Justice is an iconological study of legal imagery in nineteenth-century Belgium. In 2014-2015, and again in 2016-2017, Stefan was a PhD fellow (Stipendiat) within the Minerva Research Group The Nomos of Images: Manifestation and Iconology of Law at the Kunsthistorisches Insitut in Florenz (Max-Planck-Institut). He publishes and teaches on legal iconography and nineteenth-century art, and recently co-edited the catalogue for the exhibition The Art of Law: Three Centuries of Justice Depicted (Groeningemuseum, Bruges). Sarah Marusek, Ph.D (University of Massachusetts Amherst 2008), is an Associate Professor of Public Law in the Department of Political Science at the University of Hawai’i at Hilo. Her research interests focus on sites of constitutive law, legal geography, and legal semiotics that engage legal pluralist frameworks of everyday jurisprudence. She teaches courses in U.S. Constitutional law, legal studies, and legal geography.

BOOK: Maria Gigliola DI RENZO VILATA (ed.), Succession Law, Practice and Society in Europe across the Centuries [Studies in the History of Law and Justice, vol. 14, eds. Georges MARTYN & Mortimer SELLERS] (Heidelberg: Springer, 2018), XXII + 659 p. ISBN 978-3-319-76257-9, € 211,99. DOI 10.1007/978-3-319-76258-6

(image source: Springer)

Book abstract:
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.
More information with the publisher.

BOOK: Aniceto MASFERRER DOMINGO (ed.), The Western Codification of Criminal Law. A Revision of the Myth of its Predominant French Influence [Studies in the History of Law and Justice, vol. 11, eds. Georges MARTYN & Mortimer SELLERS] (Heidelberg: Springer, 2018), VIII + 379 p. ISBN 9783319719122, € 148,39. DOI 10.1007/978-3-319-71912-2

(image source: Springer)

Book abstract:
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
More information on the publisher's website.

09 February 2018

BOOK: Jamie TRINIDAD, Self-Determination in Disputed Colonial Territories (Cambridge: CUP, 2018), ISBN 9781108418188, £ 85

(image source: CUP)

Book abstract
Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization.
On the author:
1. Introduction 2. Territorial integrity and the limits of self-determination: paragraph 6 of the Colonial Declaration 3. Territorial integrity, irredentist claims, and the identification of self-determination Units 4. Is there a 'colonial enclaves' exception to the self-determination rule? 5. Overall conclusions. 
Free excerpt and more information here.

08 February 2018

BOOK: T. R. SLATER and Sandra M. G. PINTO, eds., Building Regulations and Urban Form, 1200-1900 (Abingdon: Routledge, 2017). ISBN 9781472485373, $ 149.95


(Source: Routledge)

Routledge has recently published a book containing many contributions on the legal history of urban regulation.

DESCRIPTION

Towns are complicated places. It is therefore not surprising that from the beginnings of urban development, towns and town life have been regulated. Whether the basis of regulation was imposed or agreed, ultimately it was necessary to have a law-based system to ensure that disagreements could be arbitrated upon and rules obeyed. The literature on urban regulation is dispersed about a large number of academic specialisms. However, for the most part, the interest in urban regulation is peripheral to some other core study and, consequently, there are few texts which bring these detailed studies together. This book provides perspectives across the period between the high medieval and the end of the nineteenth century, and across a geographical breadth of European countries from Scandinavia to the southern fringes of the Mediterranean and from Turkey to Portugal. It also looks at the way in which urban regulation was transferred and adapted to the colonial empires of two of those nations.

TABLE OF CONTENTS

1. Building Regulations and Urban Form: An Introduction
[Terry R. Slater and Sandra M.G. Pinto]
2. Islamic Building Regulations: The Fourteenth-Century Tunis Book and its Counterparts
[Mohd Dani Muhamad ]
3. Regulation of Private Building Activity in Medieval Lisbon
[Sandra M.G. Pinto]
4. Policies and Regulations in the Forming of Late-Medieval Trogir (Croatia)
[Ana Plosnić Škarić]
5. Streets and the Commune: Italy in the Late Middle Ages and the Renaissance
[David Friedman]
6. Building Regulations and Urban Development in Antwerp and Bruges, 1200-1700
[Heidi Deneweth]
7. Building Regulations and Urban Development in Late Medieval Elburg and Early Modern Amsterdam
[Jaap Evert Abrahamse and Reinout Rutte]
8. Early Modern Building Regulation in England: Midland Towns, 1400–1800
[Terry R. Slater]
9. Beautifying the City and Improving the Streets with Building Permits: Lyons, 1580–1770
[Bernard Gauthiez and Olivier Zeller]
10. Risk, (In)Security, Regulation and Architecture in Nouvelle France
[André Bélanger and Anne Bordeleau]
11. The Politics of Health: Urban Regulation and Planning in the Spanish Colonies During the Eighteenth Century
[Claudia Murray]
12. Regulating the Growth of Dublin, 1750–1850
[Rob Goodbody]
13. The Development of Ottoman Urban Regulations: Istanbul, 1700–1900
[Işıl Çokuğraş and C. İrem Gençer]
14. Construction Regulations in Athens, 1833–1864: Creating a Metropolis
[Dora Monioudi-Gavala]
15. Building Regulations in Livonian Towns and Their Impact on Local Urban Space 1697–1904
[Mart Siilivask]

BOOK: Gerard N. MAGLIOCCA, The Heart of the Constitution : How the Bill of Rights Became the Bill of Rights (Oxford: Oxford University Press, 2018). ISBN 9780190271602, $ 29.95



Oxford University Press has published a book on the legal history of the US Constitution’s Bill of Rights.

DESCRIPTION

This is the untold story of the most celebrated part of the Constitution. Until the twentieth century, few Americans called the first ten constitutional amendments drafted by James Madison in 1789 and ratified by the states in 1791 the Bill of Rights. Even more surprising, when people finally started doing so between the Spanish-American War and World War II, the Bill of Rights was usually invoked to justify increasing rather than restricting the authority of the federal government. President Franklin D. Roosevelt played a key role in that development, first by using the Bill of Rights to justify the expansion of national regulation under the New Deal, and then by transforming the Bill of Rights into a patriotic rallying cry against Nazi Germany. It was only after the Cold War began that the Bill of Rights took on its modern form as the most powerful symbol of the limits on government power.

These are just some of the revelations about the Bill of Rights in Gerard Magliocca's The Heart of the Constitution. For example, we are accustomed to seeing the Bill of Rights at the end of the Constitution, but Madison wanted to put them in the middle of the document. Why was his plan rejected and what impact did that have on constitutional law? Today we also venerate the first ten amendments as the Bill of Rights, but many Supreme Court opinions say that only the first eight or first nine amendments. Why was that and why did that change?

The Bill of Rights that emerges from Magliocca's fresh historical examination is a living text that means something different for each generation and reflects the great ideas of the Constitution--individual freedom, democracy, states' rights, judicial review, and national power in time of crisis.

TABLE OF CONTENTS

Acknowledgements
Preface: The Bill of Rights
Introduction: The First Bill of Rights Day
Chapter 1: Fighting the Crown
Chapter 2: Opposing the Constitution
Chapter 3: Drafting the Amendments
Chapter 4: Wandering in the Wilderness
Chapter 5: Reconstructing the Union
Chapter 6: Justifying Imperialism
Chapter 7: Defending The New Deal
Chapter 8: Attacking The Führer
Chapter 9: Reinventing Judicial Review
Chapter 10: Waging the Cold War
Epilogue: A Sacred Relic
Appendix A: The English Declaration of Rights (1689)
Appendix B: The Virginia Declaration of Rights (1776)
Appendix C: The Universal Declaration of Human Rights (1948)
Bibliography
Notes
Index

More information to be found on the website of the publisher