History of International Law

Page 1 of 4

Filter category

Feature post image

Making Humanity Greater Again: Self-evolving and self-perfecting

January 20, 2021 is an important date in the history of the United States.  It could be an important date in the history of the human world.  The neo-isolationism of the previous administration was unusual even by American standards.  It succeeded in disrupting all kinds of international system from the UN and UN Specialised Agencies and WTO to military alliances and bilateral diplomatic relations across the world and, not least, the always fragile authority of international law itself.  If the new administration can resume its rightful position in the international world, it will be doing so in a world in desperate need of some revolutionary re-thinking. The modern law of nations began after 1492, when Europe adjusted itself to the idea of a humanity which included countless peoples and sophisticated cultures and societies which were not Christian.  It began as an idea of a law for all-humanity.  Some new version of that idea is what the world needs now.  It would be a great step forward in human progress. Pessimism is a…

Read more

The Myth and Mayhem of ‘Build Back Better’: Human Rights Decision-Making and Human Dignity Imperatives in COVID-19

Human rights were already under siege everywhere around the world before COVID-19.  But there is also a dawning race now against reaching the ‘twilight of human rights law’, due to: 1) authoritarian regimes’ dismissal of the relevance of human rights while using this pandemic to expand and consolidate their power, such as to silence speech,…

Read more

Concluding Rejoinder: The Art of International Law and Altruism of International Lawyers

In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills, but to the COVID-19 pandemic. Four colleagues have contributed on how they believe the book works and could work better. They have done so at a time of extraordinary challenge and…

Read more

The Art of International Law-Making: Musings on The Art of Law in the International Community

The new book of Mary-Ellen O’Connell, The Art of Law in the International Community, has a number of merits. One merit is to have placed extra-positive approaches to law-making back at the centre of the stage. A second merit is to consider their role to explain the rise of two pillars of contemporary international law, namely the…

Read more

Quo Vadis? The Future of International Dispute Settlement through the Art of Law in the International Community

Reading Professor O'Connell's latest opus, The Art of Law in the International Community, one cannot help but see its (deliberate or unintended?) twinning with Hersch Lauterpacht's The Function of Law in the International Community. O'Connell argues for a reimagination of modern international law through three propositions, which respond to and further engage Lauterpacht's  limitations on the…

Read more