Mestizo International Law

"The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law"-- "It was 1878 when for the first time a Chinese and Japanese delegate attended a professional meeting of international lawyers. That year, Kuo-Taj-In (Songtao Guo) and Kagenori Wooyeno (Ueno), attended a session of the Association for the Reform and Codification of the Law of Nations, later renamed International Law Association. Founded in 1873 in Brussels by a group of liberal lawyers, reformist and philanthropists, the International Law Association exists until today as one of the profession's more important organisations. The founding, at the end of the nineteenth century, of this and other professional organisations like the Institut de Droit International marked the beginning of international law as a liberal reformist project.1 Advancing the rule of law in international relations, this project involved the enactment of international rules and the creation of international courts and organisations. It also involved the emergence of an autonomous international legal profession, progressively separated from diplomatic circles and from the representation of the interests of individual states"--

שנה

2016

שפה

English

הוצאה

Cambridge University Press

מהדורות

6

עמודים

420

ISBN

9781316618509

מקור הנתונים: Wikidata