scholarly journals Sovereignty and Migration in the Doctrine of the Law of Nations: An Intellectual History of Hospitality from Vitoria to Vattel

2016 ◽  
Vol 27 (4) ◽  
pp. 901-922 ◽  
Author(s):  
Vincent Chetail
Keyword(s):  
Intellectual History ◽  
Law Of Nations ◽  
History Of ◽  
The Law ◽  
And Migration

The 1871 London Declaration, Rebus Sic Stantibus and A Primitivist View of the Law of Nations

1988 ◽  
Vol 82 (1) ◽  
pp. 1-40 ◽  
Author(s):  
David J. Bederman
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Intellectual History ◽  
Historical Development ◽  
Its Analysis ◽  
Law Of Nations ◽  
National Competition ◽  
History Of ◽  
The Law

International law is the most rarefied of social sciences. Even so, it has scarcely any sense of its intellectual history. International law is finely articulated, oblique in its analysis, and respectful of its position as an arbiter of national competition and conflict. But aside from the casual citation to an ancient arbitration or the consultation of a famous publicist for an essential principle, little credence has been given to its historical development as either a collection of doctrines or a learned study. This article offers both an intellectual history of an international law doctrine and a tour d’horizon of the nature of discourse in our discipline.

The Use of Vattel in the American Law of Nations

2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
International Peace ◽  
Founding Fathers ◽  
Law Of Nations ◽  
American Law ◽  
History Of ◽  
The Law ◽  
History Of International Law

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

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