Suchergebnisse

After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests

After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.

Large-scale population transfers are immensely disruptive. Interestingly, though, their legal status has shifted considerably over time. This book situates population transfer within the broader history of international law by examining its emergence as a legally formalized mechanism of nation-building in the early twentieth century. Its principal focus is the 1922-34 compulsory exchange of minorities between Greece and Turkey.

Abstract
Why and how have 'Third World' international lawyers engaged with the law of international organizations? This article considers Georges Abi-Saab's 1978 work The United Nations Operation in the Congo 1960–1964, an important but largely forgotten intervention in debates about the power and authority of the United Nations (UN) at the height of the post-World War II wave of decolonization. Fusing careful analysis of the legal rules and instruments that underwrote UN operations during the Congo crisis with a narrative reconstruction of the accompanying political and diplomatic negotiations, Abi-Saab's book examines the organization's involvement in the conflict following Congo's formal independence from Belgium in June 1960, both during and after Dag Hammarskjöld's tenure as UN Secretary-General. This article takes up Abi-Saab's account of Hammarskjöld's role in, and management of, the crisis. It demonstrates that Abi-Saab understood the Secretary-General's office to be not only hedged in by significant 'constitutional' constraints on publicly justifiable action but also uniquely equipped to coordinate competing interests and facilitate collective action. It also demonstrates that this dual understanding of the Secretary-General – both 'legalistic' and overtly 'political' – informed Abi-Saab's commitment to developing international law in and through international organizations.

This article revisits the work of Mohammed Bedjaoui, the Algerian jurist and diplomat who played a key role in coordinating efforts to garner support for the NIEO. Focusing on his 1979 study Towards a New International Economic Order, it examines Bedjaoui's attempt to ground his call for a structural transformation of world order in a sustained defense of legal universalism and closely related critique of legal formalism. Further, it argues that this insistence on a wholesale reconfiguration of international life can only be appreciated against the background of Bedjaoui's decades-long engagement with the Third World, including, crucially, his involvement in the Algerian war of national liberation.

This essay reviews three recent collections of international legal scholarship. Demonstrating that all three volumes are organized around the tension between formalism and anti-formalism, the essay argues that no adequate account of contemporary international law can be developed without attending both to its internal normative architecture and to its receptivity to competing extralegal forces. Relying on the work of Pierre Bourdieu, the essay suggests that any such account must necessarily involve a sustained investigation into the formation and operation of "international legal fields."

"This Research Handbook offers unparalleled insights into the large-scale resurgence of interest in Marx and Marxism in recent years, with contributions devoted specifically to Marxist critiques of law, rights, and the state. The Research Handbook brings together thirty-three scholars of Marx, Marxism, and law from around the world to offer theoretically informed introductions to the Marxist tradition of social critique, contemporary Marxist analyses of law and rights, and future orientations of Marxist legal analysis. Chapters testify to the strength of Marxist critical tools for understanding the role of law, rights, and the state in capitalist societies. Exploring Marxist critique across an extraordinarily wide range of scholarly disciplines, this Research Handbook is a must-read for scholars of law, politics, sociology, philosophy, and political economy who are interested in Marxism. Graduate and advanced undergraduate students in these and related disciplines will also benefit from the Research Handbook"--

Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The bookwill be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.