The Oxford Handbook of the History of International Law

ISBN : 9780199599752

Bardo Fassbender; Anne Peters
1272 ページ
184 x 252 mm
Oxford Handbooks in Law

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for scholars and students of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It aims to become the new standard reference work for the global history of international law.


Introduction: Towards a Global History of International Law
1. Peoples and Nations
2. States
3. Peace Treaties and the Formation of International Law
4. Minorities and Majorities
5. Hostes humani generis: Pirates, Slavers, and other Criminals
6. International Arbitration and Courts
7. International Organizations: Between Technocracy and Democracy
8. Peace Movements, Civil Society, and the Development of International Law
9. Territory and Boundaries
10. Cosmopolis and Utopia
11. Peace and War
12. Religion and Religious Intervention
13. The Protection of the Individual in Times of War and Peace
14. Trade, Chartered Companies, and Mercantile Associations
15. The Sea
16. Africa North of the Sahara and Arab Countries
17. Africa
18. The Ottoman Empire and the Abode of Islam
19. China
20. Japan
21. India
22. North America: American Exceptionalism in International Law
23. Latin America
24. The Caribbean
25. From the Late Middle Ages to the Peace of Westphalia
26. From the Peace of Westphalia to the Congress of Vienna
27. From the Congress of Vienna to the Paris Peace Treaties of 1919
28. From the Paris Peace Treaties to the End of the Second World War
29. China - Europe
30. Japan - Europe
31. India - Europe
32. Russia - Europe
33. North American Indigenous Peoples' Encounters
34. Diplomacy
35. Discovery, Conquest, and Occupation of Territory
36. Colonialism and Domination
37. Slavery
38. The Civilized and the Uncivilized
39. A History of International Law Histories
40. Doctrine versus State Practice
41. The Periodization of the History of International Law
42. The Reception of Ancient Legal Th ought in Early Modern International Law
43. Eurocentrism in the History of International Law
44. Identifying Regions and Sub-Regions in the History of International Law
45. Muhammad al-Shaybani (749/50-805)
46. Francisco de Vitoria (1480-1546) and Francisco Suarez (1548-1617)
47. Alberico Gentili (1552-1608)
48. Hugo Grotius (1583-1645)
49. Samuel Pufendorf (1632-1694)
50. Christian Wolff (1679-1754)
51. Cornelius van Bynkershoek (1673-1743)
52. Jean-Jacques Rousseau (1712-1778)
53. Emer de Vattel (1714-1767)
54. Immanuel Kant (1724-1804)
55. Georg Wilhelm Friedrich Hegel (1770-1831)
56. Henry Wheaton (1785-1848)
57. Francis Lieber (1798-1872)
58. Bertha von Suttner (1843-1914)
59. Friedrich Fromhold von Martens (Fyodor Fyodorovich Martens) (1845-1909)
60. Lassa Oppenheim (1858-1919)
61. Max Huber (1874-1960)
62. Georges Scelle (1878-1961)
63. Hans Kelsen (1881-1973)
64. Carl Schmitt (1888-1985)
65. Sir Hersch Lauterpacht (1897-1960)


Bardo Fassbender is Professor of International Law at the Bundeswehr University in Munich. He studied law, history and political science at the University of Bonn (Germany) and holds an LL.M from Yale Law School (1992) and a Doctor iuris from the Humboldt University in Berlin (1997), where he also completed his Habilitation in 2004 and became Privatdozent for the disciplines of public law, international law, European law and constitutional history. He was a Ford Foundation Senior Fellow in Public International Law at Yale University and a Jean Monnet Fellow at the European University Institute in Florence. His principal fields of research are international law, United Nations law, German constitutional law, comparative constitutional law and theory, and the history of international and constitutional law. He advised the Legal Counsel and Under-Secretary-General of the United Nations on the subject of Targeted sanctions of the UN Security Council and Due Process of Law.; Anne Peters is Professor of Public International and Constitutional Law at the University of Basel, a position she has held since 2001. She is Dean of Research of the Law Faculty. She is a member of the Council of Europe's Commission for Democracy through Law (Venice Commission) in respect of Germany. She currently serves as the president of the European Society of International Law. In 2009, Anne was a visiting professor at Sciences Po, Paris. In the academic year 2004/05 she was Dean of the Basel law faculty. She obtained the Habilitation-qualification at the Walther-Schucking-Institute of Public International Law at the Christian Albrechts University Kiel on the basis of her Habilitation-Thesis Elemente einer Theorie der Verfassung Europas (Elements of a Theory of the Constitution of Europe) in 2000.; Simone Peter holds a doctoral degree in law (Dr. iur.) and a degree in general history and German language (lic. phil., MA). She worked as a research assistant to the chair of International Law at the University of Basel from 2006 to 2012. Her research covered the field of general public international law and the history of international law. She currently works as a lawyer in the public administration of Basel-Stadt.; Daniel Hogger is PhD candidate and works as Research and Teaching Assistant to the Chair of International Law at the University of Basel. He holds a degree (lic phil/MA) in political science, international law, and history from the University of Zurich, and a degree (MA with distinction) in international studies from the University of Birmingham, UK.