Modern international law is universal. It establishes a common legal framework for all states across the globe. This law-based modern world order can be traced back to earlier origins rooted in the law of nations as it has developed in Europe since the late 18th century. The present book shows that research in the history of public international law cannot be limited to a European perspective, but should cover the cultural traditions of other regions that tend to be increasingly integrated into current public international law.
This work originates in a symposium, coordinated and organized by the Franz von Liszt Institute for International and Comparative Law at the Justus Liebig University Giessen, Germany.
It is a fine collection of articles by outstanding scholars from various disciplines (law, history, theology and philosophy) and various continents (Asia, America and Europe) dealing with interesting topics about universality and continuity in international law.
About the editors:
Heinhard Steiger is Professor emeritus of public law, international and European law at Justus Liebig University, Giessen, Germany. He has widely published on the history of international law, most recently Die Ordnung der Welt. Eine Völkerrechtsgeschichte des karolingischen Zeitalters (741 bis 840) (2010)
Thilo Marauhn is Professor of public law, international and European law and Chairperson of the board of directors of the Centre for International Development and Environmental Research at Justus Liebig University, Giessen, Germany. He has extensively published on public international law.
Table of Contents:
Preface V PART I – THEORY Universality and Continuity in International Public Law? Heinhard Steiger 3; The Relevance of Culture in Framing International Law
Thilo Marauhn 47; The Play of Medieval Ghosts and Renaissance Demons in Birth, Death and Rebirth of European International Law Anthony Carty 65; Universality of International Law: An Asian Perspective Ram Prakash Anand 97; PART II - ROOTS AND EARLY DEVELOPMENTS International Law in Ancient Israel and its Oriental Roots Eckart Otto 123; Continuity and Discontinuity in European International Law: Ancient Near East and Ancient Greece Karl-Heinz Ziegler 151; Roman Law and the Early Historiography of International Law: Ward, Wheaton, Hosack and Walker Randall Lesaffer 171; An Islamic Law of Nations? The Weight of History and Tormented Modernization in Muslim Nations Ebrahim Afsah 217; PART III - THE EUROPEAN MIDDLE AGES The concept of the normativity of law: “ius gentium” in the writings of Francisco Suárez and Thomas Aquinas Matthias Lutz-Bachmann 281; The Underlying Continuity of the Subsequent Legal and Political orders. Looking from the Middle Ages into the Modern Times - Some Reflections Dominique Bauer 299; Canoncial “Inter-Power-Law” in the 12th Century
Ernst-Dieter Hehl 327; The Sign of the Stranger: Reflections on the Meaning of Symbolic Forms of Communication in Intercultural Envoy Exchange in the 13th Century
Claudia Garnier 347; Thinking International law in late medieval Europe
Martin Kintzinger 379; PART IV - IUS GENTIUM EUROPAEAUM On the Doctrinal Origins of Ius in Bello: From Rights of War to the Laws of War Peter Haggenmacher 397;
War not without Reason: Legitimization of War in Early Modern Europe
Anuschka Tischer 441; The Continuity of Values, the Rhetoric of Peace, and Friendship during the End of the Hundred Years’ War: The Peace of Ensisheim in 1444
Michael Jucker 461; Ius Gentium and a Peace Order: the Treaty of London (1518) and Continuity in the International Law of the Modern Times Christoph Kampmann 483; PART V - GLOBALIZATION AND UNIVERSALISATION Treaties between European and non-European powers in Early Modern and Modern times (16th-20th centuries). Some remarks on their perception and interpretation Cornelis G. Roloefson 503; The “Reception” of European International law in China, Japan and Korea: A Comparative and Critical Perspective Keun-Gwan Lee 515; Japan’s Engagement with and Use of International Law, 1853-1945 Masaharu Yanagihara 551; Universality of international law in the 20th century
Sebastian Heselhaus 583; The Development of International Humanitarian Law since the 19th Century Stefanie Schmahl 601; The Development of Human Rights in International Law Andreas Haratsch 627; PART VI – CONCLUSION Perspectives
Heinhard Steiger / Thilo Marauhn 643