Comparative Law News

JOB: Fellowship at the Stanford Center for Law and History (DEADLINE 28 FEB 2017)


(image source: Stanford)
The Stanford Center for Law and History advertises a position as fellow for candidates wishing to pursue an academic career at the intersection of law and history.

The Center:

The Stanford Center for Law and History, directed by Professor Amalia Kessler, brings together faculty and students from across Stanford University’s many schools and departments (and beyond) to participate in a broad range of conferences, workshops, and lectures devoted to examining the multifaceted interrelationships between law and history (without geographic, temporal, or other subject-area limitations).


The Goal:

This fellowship is intended for people who have completed (or will soon complete) their training in law and history and who seek to pursue an academic career at the intersection of the two fields.

The Fellowship:

The Stanford Center for Law and History is a residential fellowship that provides an opportunity to conduct research in the dynamic environment of Stanford University.  We prefer two-year fellowships to help the fellow complete a significant body of independent scholarship, but we are willing to consider one-year terms.  We expect that fellows will dedicate most of their time to pursuing their proposed research projects but will also devote some time to organizing and implementing other Center activities, including an ongoing workshop series and an annual conference.  Fellows are encouraged to become part of a lively law-school-wide community of individuals with an interest in academia by attending weekly faculty lunch seminars and by participating in activities with the other fellows at Stanford Law School to learn more about one another’s scholarship and about academic life more generally.  In addition, fellows are encouraged to attend and participate in the broad range of lectures and workshops available within the broader university, including inter alia, the History Department and the Stanford Humanities Center.
For the 2017-2018 fellowship, we will provide a workspace, a competitive salary, and a generous benefits package.  Applicants who have completed (or are soon to complete) both a J.D. and a Ph.D in history are strongly preferred.

The Application Process:

All applicants should apply through the Stanford Careers website, Job Number 73767, and should include the following: (1) a CV; (2) a sample of academic writing; (3) a research proposal of no more than five double-space pages (briefly outlining past work but focused primarily on research to be undertaken during the fellowship); and (4) official transcripts of all academic work pursued in college, as well as in graduate programs.  In addition, (5) applicants should provide two letters of recommendation, to be emailed directly by the recommenders themselves to Molly Pahkamaa at mpahkama@law.stanford.edu.
All applications should be submitted no later than Tuesday, February 28, 2017.

(source: HNet)
Categories: Comparative Law News

JOB: Scientific Collaborator (65%) for the Project "Formulae-Litterae-Chartae" (Akademie der Wissenschaften, Hamburg); DEADLINE 15 FEB 2017

(image source: Uni Hamburg)
Prof. dr. D. Heirbaut transmitted a vacancy at the University of Hamburg in the framework of the project "Formulae-Litterae-Chartae".

Potential candidates should ambition a PhD-dissertation in either medieval history, medieval philology or legal history.

Full details here.
Categories: Comparative Law News

CALL FOR PAPERS: International Conference of the French Society for Legal History (Tours, 1-4 Jun 2017)


(image source: sdhtours)
The Société d'Histoire du Droit hosts its international conference at the university of Tours, from 1 to 4 June 2017.

Proposals for presentations can be sent to shdtours2017@univ-tours.fr.

The organizers have put up a full conference website here.
Categories: Comparative Law News

Law & Literature on 'Legal Bodies'

Juris Diversitas - Wed, 02/08/2017 - 13:35
Special Issue - Legal Bodies: Corpus/Persona/CommunitasWe are pleased to offer you free access* to the latest Special issue from Law & Literature on 'Legal Bodies'. Read the Special Issue here.Law & Literature is the leading interdisciplinary law journal directed to law and the arts. This issue investigates the way literary and artistic texts interrogate the notion of 'personhood', focussing on both historical and contemporary (re-) conceptualizations of the notion within the domain of law.Articles include:  Begin reading now.*Free access is available until the end of February, 2017.Kind regards,
Bryony Goodwin
Routledge Law
Categories: Comparative Law News

CONFERENCE REPORT: International Law and the Long Nineteenth Century (University of Leuven, November 24-25, 2016) by Ana Delić, Tilburg University

(Image source: F. Dhondt)
Leading scholars as well as junior researchers met in the historic faculty of Leuven University to discuss international law in the long nineteenth century. The event began with a warm welcome by the university’s dean, Prof. Bernard Tilleman who revealed a most interesting anecdote for the international legal historians assembled: the Peace of Versailles had obliged Germany to restore the library of the university. This was followed by warm welcome addresses by Prof. Randall Lesaffer and Dr. Inge van Hulle, the organizers of this well-orchestrated event.


Day One
Panel One: The Eighteenth-Century Fall-Out of Nineteenth-Century International Law (Chair: Randall Lesaffer)Member of the International Court of Justice, James Crawford considered the basis on which France participated in the Congress of Vienna, the status of Napoleon during the Hundred Days and the legal basis for French responsibility for war damages resulting from the Hundred Days. Crawford eloquently argued that the Bourbon dynasty was legitimized by the prevailing monarchic theory of sovereign power. On the other hand, the status of Napoleon during the Hundred Days was less clear. Certainly, he was not a head of state and as such the basis of reparation for damages incurred by France during this period was discussed on the basis of the theory of responsibility.

Camilla Boisen argued that Edmund Burke bridged the two concerns of international law: authority and enforcement. It was Burke who provided the conceptual scope needed to resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law.

Inge van Hulle explored a case-study: the legal connections and regimes that developed between British imperial agents and indigenous African communities living in West Africa in the period prior to the Scramble. Anglo-African international relations initially developed on the basis of mutuality and relative equality between parties, but simultaneously, there were imperial legal techniques as well(e.g. extraterritorial jurisdiction, anti-slave trade treaties, the extension of protection to African communities).

(image source: F. Dhondt)
Panel Two: Neutrality (Chair: Inge Van Hulle)
Frederik Dhondt’s discussed how Belgium’s compulsory neutrality  of the 1810 to the 1830s was just one out of multiple tools to guarantee ‘le repos de tous’ and in reality was mostly superficial. Belgium’s compulsory neutrality arose out of a particular socio-historical context –the expansionist and revisionary stance of Napoleon III- and resulted in an interesting reception, including  the view of it as an economic advantage, a legitimation of colonialism, and foremost as a threatened status.

Shavana Musa examined the law of neutrality focusing on the conflicts during the Latin American Wars of Independence. The role of neutrality was discussed as the means of enhancing imperial and commercial power, as a peace-making tool and as a body of law that provided individual (justiciable) rights within the international sphere.

Viktorija Jakimovska’s discussed how throughout the Greek War of Independence, Great Britain generally avoided being dragged into a war but it eventually wished to influence the outcome of the conflict. From 1826-1827, Britain failed to adhere to the essentialia neutralitatis notwithstanding the fact that it never officially renounced the neutrality of its conduct.

Panel Three: Historiography of International Law (Chair: Frederik Dhondt)
 Miloš Vec’s pinpointed key historiographic trends of the nineteenth-century including sources of international law, the conception of the public law of Europe, the so-called shift to a so-called global international law, the regulation of warfare and new technologies around 1900, and state practice.

Jan Lemnitzer examined how the 1850s was a crucial decade in transforming the system of the European law of nations into a universal system of international law. The proliferation of multilateral law-making treaties with the Declaration of Paris in 1856, the growth of international trade, and the rise of independent Latin American states resulted in further contacts between European and non-European states. However, the rise of exclusion in international law was exemplified by the spread of detailed rules for ‘civilized war.’


Day Two
Panel One:  Professionalization and International Law (Chair: Gabriela Frei)
 Stephen Neff discussed how the Darwinian revolution gave rise to American anthropologist Lewis Henry Morgan’s three-fold categorisation of human societies as savage, barbarous and civilised. This found a reflection in the international-law writing of James Lorimer buttressed by imperialistic policies of the European states and, generally, a hierarchical outlook on the part of international lawyers. Evolutionary thought also influenced a revival of natural-law modes of thought as the only acceptable normative regulation of relations between civilised and savage states. In stark opposition to the evolutionary scheme was diffusionism exemplified by Herbert Spencer’s theory of a general progression from militaristic to industrial modes of life. Diffusionism did not gain much traction with nineteenth century international lawyers.

Vincent Genin analysed how the Institut de Droit International (founded in 1873) represents the first major step in the institutionalization of the discipline. The speaker  discussed how in the last quarter of the nineteenth century, the IDI juggled between its self-affirmed role as the ‘public conscience of the civilized world’ versus historic tides of nationalism, the multiplication of conflicts and colonial rivalries.

Ana Delić discussed the formative interactions between comparative law and private international law during the modern period. Comparative law was instrumental to modern private international law in the civil law and common law traditions in three ways: 1) scholars studied private international legal approaches comparatively; 2) the comparative approach was a key aspect of preliminary materials aiding in private international law-making; and 3) courts relied on a comparative study of conflicting rules in order to assess which is the applicable law or jurisdiction.

(image source: F. Dhondt)
Panel Two: Empire and the Periphery in the Nineteenth Century (Chair: Camilla Boisen)
Andrew Fitzmaurice explored the standing of non-European nations in the work of the nineteenth century jurist Sir Travers Twiss. Archival materials were presented which painted a colourful picture of Twiss’ personal life, including his marriage to a prostitute. This union eventually destroyed his career. In terms of Twiss’ legacy to international legal history, he had advocated the view that non-European states (including China, Japan, the Ottoman Empire, Egypt, and the ‘African Slave-states’) were equals with European powers in the law of nations. His view sprung not from humanitarian concerns but from a concern for the duties (and not rights) of these nations.

Stefan Kroll discussed the Shanghai International Settlement (1863-1943), a zone within the area of Shanghai which was detracted from the authority of Chinese rule, and which was controlled by the self-government of foreign merchants (the Municipal Council). While the mixed court was expected to apply Chinese norms, in reality, foreign norms and judicial practices were being introduced. The Su bao-case (1903) illustrates the mixing of legal systems within the merchant court. This case concerned political radicalism against the Chinese government.

Luigi Nuzzo presented an Italian history of international law, focusing on Pasquale Stanislao Mancini and his pragmatic approach to international law. Mancini’s imprint on international law is exemplified by his insistence on the principle of nationality but his legacy has not been given its proper due. Analysing forensic memories, legislative deeds, parliamentary speeches, editorial projects rather than doctrinal works provides further food for thought with regards to his contribution.

Panel Three: Individuals and International Law (Chair: Andrew Fitzmaurice)
Gabriela Frei examined the biography of Sir William Jones, a judge at his Majesty’s supreme court of judicature at Fort William, the citadel of Calcutta in Bengal, and a well-known orientalist of the eighteenth century. Jones also wrote the first English translation of Hindu and Muslim laws, and thus made those texts available to the Western world. He believed that only local laws would allow a basis for a fair and just legal system. The paper also discussed the multiple legal systems co-existing at this period in Bengal, which developed legal standards for the commercial enterprise of the East India Company.

(image source: F. Dhondt)
Raphael Cahen retraced the beginning of the Mahmoud Ben Ayed case (1855-1858) through an examination of documents from the archives of Joseph Marie Portalis, a famous judge and diplomat, who had been charged to administer the case. This case involved the extradition of Mahmoud Ben Ayad from France back to Tunisia. Ben Ayad, a famous Caïd and minister of commerce, was charged with embezzlement of state funds.

Raymond Kubben analyzed the conception of statehood within international legal textbooks of the long nineteenth century. The definition of the state in the early period were varied and typically reverted to abstract Roman law or philosophical concepts such as civitas or communitas perfecta. Over the course of the nineteenth century, textbooks would specify the legal concept, slowly forming definitions akin to the one in the 1933 Montevideo Convention.

Categories: Comparative Law News

CALL FOR ABSTRACTS: Rethinking the World Order: International Law and International Relations at the End of the First World War, Oxford, 31 Aug-1 Sep 2017 (DEADLINE 31 MAR 2017)

(image source: Rethinking the World Order)
The horrors of the Great War and the desire for peace shaped scholarship in International Law and International Relations (IR) during the late 1910s—a stimulating time for both disciplines. Scholars observed and analysed political events as they unfolded but also took an active part, as governmental advisors or diplomatic officials, in devising the new international order. The Paris Peace Conference and the subsequent birth of the League of Nations as well as the Permanent Court of International Justice served as testing grounds for new legal and political concepts. The end of the First World War was in many ways a milestone for both disciplines, prompting scholars to reflect on the consequences of the war on society, politics, and the world economy. How could another world war be avoided in the future? How could states be held accountable for violations of international law? What were the preconditions for peaceful international governance? These questions led to pioneering research on issues such as arbitration, sanctions, revision of treaties, supra-national governance, disarmament, self-determination, migration, and the protection of minorities. At the same time, the study of International Law and IR also advanced in terms of methodology and teaching, including new professorships, journals, conferences and research centres.
A century later, it is a good moment to reflect upon disciplinary histories and revisit some of the theoretical and practical debates that shaped the period from 1914 to 1945. The workshop conveners are particularly (but not exclusively) interested in the following research questions:
• Was the First World War a watershed moment for the development of International Law and IR?
• Which were the key debates in both disciplines? And how can they be re-interpreted today?
• What were the connections and/or dividing lines between the two disciplines?
• Did International Law and IR evolve similarly across different countries?
• Who were the principle actors, both individuals and institutions, in the respective fields?
• Which role did International Law and IR respectively play in shaping ‘real-world’ policy? And to what extent were theoretical developments shaped by political events?
• How did ideas float between academia and politics?
• How successful were non-governmental organisations—such as academic societies, arbitration clubs, political pressure groups, League of Nations clubs, the International Committee of the Red Cross (ICRC), etc.—in achieving their goals?The two-day interdisciplinary workshop will be held at the European Studies Centre (ESC) at St Antony’s College, Oxford from 31 August to 1 September 2017. We invite abstracts from early career researchers and advanced postgraduate students in history, law, IR and other related disciplines to share their research in a multi-disciplinary environment. By facilitating this exchange we hope to open new avenues of research and to encourage new approaches to the history of both disciplines. We are planning to have six panels, one keynote address, and an open plenary session that allows all participants to pitch their research projects.

Please submit your proposal (including a title, 300 words abstract, and a short bio) to jan.stoeckmann@new.ox.ac.uk by 31 March 2017. Successful applicants will be notified by 30 April 2017. We are currently working on logistical details, including reimbursements and publication plans, and will keep you updated. For updates see: www.rethinkingtheworldorder.wordpress.com.

Contact:
Dr Gabriela Frei
British Academy Postdoctoral Research Fellow
Junior Research Fellow in History
Jesus College, Oxford
gabriela.frei@jesus.ox.ac.uk Jan Stöckmann
DPhil Candidate in History
New College, Oxford
jan.stoeckmann@new.ox.ac.uk
www.rethinkingtheworldorder.wordpress.com
Categories: Comparative Law News

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