Contingency in international law : on the possibility of different legal histories / edited by Ingo Venzke, Kevin Jon Heller.

Format:

Book

Contributor:

Venzke, Ingo.

Heller, Kevin Jon.

Series:

Oxford scholarship online.

Language:

English

Subjects (All):

International law.

Contingency (Philosophy).

Physical Description:

xvi, 550p.

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2021.

Summary:

This volume brings together a group of renowned experts to discuss the question of whether international law could have developed differently. Contributors explore contingency in theory and practice across a range of fields, including those related to migrants and refugees, the sea and natural resources, and human rights.

Contents:

cover

Half title

Contingency in International Law

Copyright

Dedication

Table of Contents

List of Contributors

List of Abbreviations

I. INTRODUCTION

1. Situating Contingency in the Path of International Law

II. THEORISING &amp

NARRATING CONTINGENCY

A. ENACTED STRUCTURES

2. On Dead Circuits and Non-​events

3. Contingency in International Legal History: Why Now?

4. The Necessity of Contingency: Method and Marxism in International Law

5. The Realist and the Visionary: Property, Sovereignty, and the Problem of Social Change

6. An Enlarged Sense of Possibility for International Law: Seeking Change by Doing History

B. Situated Perspectives &amp

Possibilities

7. Contingencies in International Legal Histories: Origins and Observers

8. Historical Base and Legal Superstructure: Reading Contingency and Necessity in the Tadić Challenge

9. Subverting Eurocentric Epistemology: The Value of Nonsense When Designing Counterfactuals

10. The Time of Contingency in International Law

III. LOCATING &amp

RESISTING CONTINGENCY

A. MIGRANTS &amp

REFUGEES

11. The Contingency of International Migration Law: 'Freedom of Movement', Race, and Imperial Legacies

12. Contingent Movements? The Differential Decolonisations of International Refugee and Migration Law and Governance

B. Sea &amp

Resources

13. What If the United Nations Convention on the Law of the Sea had Entered into Force Unamended: Business as Usual or Dystopia?

14. What If Arvid Pardo Had Not Made his Famous Speech? (False) Contingency in the Making of the Law of the Sea

15. Contingent Economic Legal Ordering: Permanent Sovereignty over Natural Resources and International Commodity Agreements

C. Human Rights

16. Rights for Daydreaming: International Human Rights Law Thought Otherwise.

17. Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human' Rights in International Law

18. Contesting Austerity in the 1970s and 1980s: When Human Rights Went Missing

D. Armed Conflict

19. Contingencies of Context: Legacies of the Algerian Revolution in the 1977 Additional Protocols to the Geneva Conventions

20. Unveiling Common Article 3 to the Geneva Conventions: Contingency, Necessity, and Possibility in International Humanitarian Law

21. Narrative Contingency and International Humanitarian Law: Crimes against Humanity in Cixin Liu's Post-​Humanist Universe

22. Why Did Starvation Not Become the Paradigmatic War Crime in International Law?

E. Foreign Investments

23. The Law of State Responsibility and the Persistence of Investment Protection

24. Barcelona Traction Re-​Imagined: The ICJ as a World Court for Foreign Investment Cases?

25. From a Fortuitous Transplant to a Fundamental Principle of Law? The Doctrine of Legitimate Expectations and the Possibilities of a Different Law

F. The New International Economic Order

26. Bandung's Fate

27. 'Poisonous Flowers on the Dust-​heap of a Dying Capitalism': The United Nations Code of Conduct on Transnational Corporations, Contingency and Failure in International Law

G. Eruptions

28. Contravention and Creation of Law during the French Revolution

29. Contingencies in the Rise of European and Latin American Private International Law, 1850 to 1950

IV. OUTLOOK

30. From Situated Freedom to Plausible Worlds

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Other Format:

9780192898036

ISBN:

9780192652904

9780191924484

OCLC:

1253680039