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- Arvidsson, Matilda, et al.
(author)
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The turn to history in international law and the sources doctrine : Critical approaches and methodological imaginaries
- 2019
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In: Leiden Journal of International Law. - 0922-1565. ; 33:1, s. 37-56
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Research review (peer-reviewed)abstract
- Expanding now familiar debates about the impact of the 'historical turn' upon the field of international law, this article considers some of the different ways in which 'turn to history' scholars have confronted the methodological and theoretical tensions arising from the central, yet paradoxical, role occupied by the sources doctrine in international law. We suggest that the anxiety over the sources of international law as the basic methodological precepts of the discipline has been a catalyzing element for a radical reengagement with the canon of international law, one with a significant impact on the field's existing parameters and doctrinal limits. Within the three streams of scholarship we explore here, history has become a site of creative engagement for scholars in opening up the discipline to diverse ends, one in which a new doctrinal universe can be created, and new issues, sources, subjects, and approaches can be explored. Yet, by opening up international law's sources doctrine, reactionary causes and unjust ends may equally well be the result. This account is an attempt at diversifying the narrative surrounding the causal relationship between history and the ongoing changes to the field of international law, along with the differential practices, techniques and epistemological foundations behind the history of international law as an evolving discipline, and of the different scholarly motivations of its specialists.
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- Bak Mckenna, Miriam
(author)
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Contesting Self-Determination in the Wake of Empire : Sovereignty, Human Rights and Economic Justice
- 2020
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In: Nordic Journal of International Law. - : Brill. - 0902-7351 .- 1571-8107. ; 89:1, s. 67-93
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Journal article (peer-reviewed)abstract
- This article considers the ways in which geo-political and legal concerns materialised in debates over self-determination in the years following decolonisation, and how they impacted on its’ possibilities, objectives and conception. During this period, self-determination was not, as some scholars have argued, a declining norm, but one central to the competing visions of reinventing international law after empire. These varying articulations were largely shaped by the experience of colonialism and its ongoing effects, along with the ideological confrontation between East-West and North-South. One articulation stressed the primacy of political and economic sovereignty, prominently seen in calls for the establishment of a New International Economic Order. The other sought to integrate self-determination into the elevation of democratic governance and individual human rights protection. Examining these alternative formulations of self-determination, underlines the incompleteness of mainstream historical accounts, and may throw light upon continuing anxieties over its current legal status.
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