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The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not...
The nineteenth century has been understood as an age in which states could wage war against each other if they deemed it politically necessary. According to this narrative, it was not until the establishment of the League of Nations, the Kellogg-Briand Pact, and the UN Charter that the 'free right to go to war' (liberum ius ad bellum) was gradually outlawed. Better times dawned as this anarchy of waging war ended, resulting in radical transformations of international law and politics. However, as a 'free right to go to war' has never been empirically proven, this story of progress is puzzling. In A Century of Anarchy?: War, Normativity, and the Birth of Modern International Order, Hendrik Si...
This edited collection offers a reassessment of the complicated legacy of Emer de Vattel’s Droit des gens, first published in 1758. One of the most influential books in the history of international law and a major reference point in the fields of international relations theory and political thought, this book played a role in the transformation of diplomatic practice in the eighteenth and nineteenth century. But how did Vattel’s legacy take shape? The volume argues that the enduring relevance of Vattel’s Droit des gens cannot be explained in terms of doctrines and academic disciplines that formed in the late nineteenth and twentieth centuries. Instead, the chapters show how the complex...
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the c...
A critical history of European sovereignty and property rights as the foundation of the international order in 1300-1870.
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
The book analyzes State responsibility in international law from a holistic and critical perspective.
Contemporary Europe seems to be divided between progressive cosmopolitans sympathetic to the European Union and the ideals of the Enlightenment, and counter-enlightened conservative nationalists extolling the virtues of homelands threatened by globalised elites and mass migration. This study seeks to uncover the roots of historically informed ideas of Europe, while at the same time underlining the fundamental differences between the writings of the older counter-revolutionary Europeanists and their self-appointed successors and detractors in the twenty-first century. In the decades around 1800, the era of the French Revolution, counter-revolutionary authors from all over Europe defended Euro...