Histories of international law have typically focused on the origins of legal rules and doctrines, the decisions of courts and other formal tribunals, the views of professors and legal theorists and diplomats, and the evolution of the legal profession. That is, international legal histories have centered on the concerns of lawyers and states and have reflected a positivist vision of international lawmaking. We need a history of international law that focuses more on international law in action — the invocation, elaboration, and contestation of rules in and through their everyday application, not just by states, high-level state actors, legal theorists, and state-organized domestic and international institutions, but also by individuals, low-level officials, private groups, and nongovernmental actors and in places outside of the usual fora where “international law” is said to be found. We need a history of international law in the vernacular.Download the article from SSRN at the link.
April 27, 2021
Cogan on A History of International Law in the Vernacular @IntLawReporter
Jacob Katz Cogan, University of Cincinnati College of Law, is publishing A History of International Law in the Vernacular in the Journal of the History of International Law. Here is the abstract.
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