International Law is usually considered, at least initially, to be a unitary legal order that is not subject to different national approaches. Ex definition it should be an order that transcends the national, and one that merges national perspectives into a higher understanding of law. It gains broad recognition precisely because it gives expression to a common consensus transcending national positions.
The reality, however, is quite different. Individual countries’ approaches to International Law, and the meanings attached to different concepts, often diverge considerably. The result is a lack of comprehension that can ultimately lead to outright conflicts.
In this book, several renowned international lawyers engage in an enquiry directed at sorting out how different European nations have contributed to the development of International Law, and how various national approaches to International Law differ. In doing so, their goal is to promote a better understanding of theory and practice in International Law.
Author(s): Peter Hilpold
Publisher: Springer
Year: 2020
Language: English
Pages: 337
City: Cham
Preface
Contents
What Are and to What Avail Do We Study European International Law Traditions?
1 Some Definitions
2 The European Perspective
3 The Single Contributions to This Book
4 Looking Forward
References
The Concept of International Law: The German Perspective
1 Introduction: Identification of the Topic
1.1 Which Germany?
1.2 Which Academic Fora?
1.3 The `Official´ Version
1.4 Germany Within the Framework of International Law
2 The Determinations of the Basic Law
2.1 The Preamble
2.2 The General Rules of International Law: Article 25 BL
2.2.1 International Customary Law
2.2.2 General Principles of Law
2.3 International Treaties: Article 59(2) BL
2.4 Other Key Determinations
2.4.1 European Integration
2.4.2 Germany in Systems of Collective Security
2.4.3 Germany and the International Court of Justice
2.4.4 Ban on Wars of Aggression
2.5 Openness to International Law: Völkerrechtsfreundlichkeit
3 Unimaginative and Naïve Positivism: Legal Overzeal?
3.1 German Positivism
3.2 Naïveté
3.3 German Overzeal?
4 Legal Key Concepts of Germany´s Foreign Policy
References
The `Austrian School of International Law´: The Influence of Austrian International Lawyers on the Formation of the Present In...
References
The Concept of International Law: The Italian Perspective
1 Introduction
2 Schools of Thought in International Law
3 Five Leading Italian International Law Scholars
3.1 Pasquale Fiore (1837-1914)
3.2 Dionisio Anzilotti (1867-1950)
3.3 Rolando Quadri (1907-1976)
3.4 Roberto Ago (1907-1995)
3.5 Benedetto Conforti (1930-2016)
4 Two Key Italian Attitudes to Life and Law
4.1 At the Zebra Crossing in Italy
4.2 Two Key Italian Attitudes
4.2.1 Realism
Machiavelli´s Discourses on Livy (1531) and The Prince (1532)
Guicciardini´s Maxims and Reflections (1512-1530)
Tomasi di Lampedusa´s The Leopard (1957)
4.2.2 Humanism and Common Sense
Gentili´s Natural Law as Elementary Wisdom
Vico´s Natural Law as Humankind´s Common Sense
Montessori´s The Discovery of the Child (1948)
4.2.3 A Synthesis: Levi´s Christ Stopped at Eboli (1945)
5 A Realist-Constructivist Approach to International Law
5.1 Realism-Constructivism
5.2 The Ferrini Saga
6 Conclusion
References
The French Tradition of International Law
1 A Traditional Introduction
2 An Introduction to Tradition
3 Of Voids: Disciplinary Thinking in a Blank Disciplinary Field
4 Choices and Identity, and Choices of Identity
5 Cross-Investigating ``the Others´´´ Tradition
6 Windows and Mirrors: Tradition´s ``Inside´´ and ``Outside´´
7 Tradition´s Hall of Mirrors: Illusion and Belief
8 Gates and Gatekeepers: Tradition as Empowerment
9 Tentative ``Epidemiology´´ of the French International Law Tradition
10 Concluding Remarks
References
British Contributions to Public International Law
1 Introduction
2 What Are `Contributions´ and Who Contributes?
3 British Contributors to International Law: Institutions
4 The Contributions of Teachers and Writers at British Universities
5 Conclusions
Annex
Identification of Customary International Law, Ways and Means for Making the Evidence of Customary International Law More Read...
United Kingdom of Great Britain and Northern Ireland
Resources Relating Specifically to International Law
General Resources
References
Exploring Belgian and Dutch ``Traditions´´ in International Law
1 Introduction
2 Belgium
2.1 Gustave Rolin-Jaequemyns (1835-1902)
2.2 Emile de Laveleye (1822-1892)
2.3 Edouard Descamps (1847-1933)
2.4 Charles de Visscher (1884-1973)
2.5 Ecole de Bruxelles
2.6 Belgium Today
2.7 Belgian Practitioners
3 The Netherlands
3.1 Hugo Grotius (1583-1645)
3.2 Cornelis van Bijnkershoek (1673-1743)
3.3 Tobias Michael Carel Asser (1838-1913)
3.4 Bert Röling (1906-1985)
3.5 Henry Schermers (1928-2006)
3.6 Pieter Kooijmans (1933-2013)
3.7 The Dutch Tradition Today
3.8 Dutch Practitioners
4 Concluding Remarks: Interactions and Similarities
References
International Law from a Nordic Perspective
1 Introduction
2 Between Realist Scientism and Humanitarian Activism: A Tension at the Root of Nordic Approaches to International Law
3 Scandinavian Realism and International Law Implementation
4 Twenty-First-Century International Legal Scholarship in the Nordic Region
4.1 The ``Result´´ of the 2015 Conference on Nordic Approaches to International Law
4.2 The Current Methodenstreit in Nordic Academia
5 Conclusion
References
The Russian Concept of International Law as Imperial Legacy
1 Introduction
2 The Territorial Losses of the Russian Empire in 1918 and 1991 and Their Impact on Russia´s Contemporary Outlook on Internati...
3 International Law in the Russian Foreign Policy Concept and in the Joint Russian-Chinese Declaration of 2016
4 Representative Scholarly Ideas on International Law in Post-Soviet Russia
5 In Conclusion
References
International Adjudication Under Particular Consideration of International Criminal Justice: The German Contribution
1 The German Contribution to the Negotiations in The Hague and Kampala
2 German Doctrine at The Hague: The Control-over-the-Act Theory
2.1 The Starting Point: The Joint Criminal Enterprise Doctrine
2.2 A New Approach: The ICC and the `German´ Control-over-the- Act Theory
3 National Implementation of International Criminal Law: The German Code of Crimes Against International Law and Its Applicati...
3.1 Overview on the German Code of Crimes Against International Law
3.2 Application of the CCIL in Practice
4 Concluding Remarks
References
German and European Ordo-Liberalism and Constitutionalism in the Postwar Development of International Economic Law
1 Introduction
2 Competing Conceptions of International Economic Law
2.1 From Constitutionalism 1.0 to Constitutionalism 3.0 in European Integration
2.2 Homo Economicus: Competing Actors Prioritize Competing Self-Interests
2.3 German Proposals for Constitutional and Community Approaches to IEL
3 German and EU ``Economic Constitutionalism´´ as Responses to ``Constitutional Failures´´ and ``Governance Failures´´
4 German ``Ordo-Liberalism´´ Aimed at Promoting Rule-Based, European, and International ``Social Market Economies´´
5 Why Multilevel Governance of the Global Economy Requires Multilevel Constitutionalism
6 Conclusion: Multilevel Constitutionalism as a ``Gentle Civilizer´´ for a Common Law of Humanity
References
Conclusions
References
