Schultz and Ost on Shakespearean Legal Thought in International Dispute Settlement @IHEID

Thomas Schultz, King's College London, School of Law, and Graduate Institute of International and Development Studies, and François Ost, Saint-Louis University, Brussels, have published Shakespearean Legal Thought in International Dispute Settlement. Here is the abstract.

In this article, the authors examine the contributions of Shakespearean legal thought to our understanding of core aspects of international dispute settlement. These aspects include: the sweeping role of masks in law and in the resolution of disputes; the construction and deconstruction of authority; the purpose of law in arousing desire and thus action; the limits in recognizing informal international law as law; the benefits of exaggeration; the problematic ambition of adjudicators; the key role of passion, against rationality, in understanding and dealing with international disputes; the decision-making resources to be found in logics of life; exercising measure in the enforcement and reach of law; remembering that law deals with human beings in our quest for law’s purity and systematic organization; resisting single-mindedness; the relevance of a dialectic form of proportionality; and the inescapable need to embrace uncertainty. The authors also discuss the general relevance of law & literature, and law & theatre, for all manner of legal professionals and review Shakespeare’s own legal background and thus his a priori ability to deal with legal matters.

Download the article from SSRN at the link.

Rousseau's State

Tara Helfman, Syracuse University College of Law, has published Nasty, Brutish and False: Rousseau's State in the International Order at 39 Syracuse Journal of International Law 357 (2012). Here is the abstract.

Focusing on the writings of Jean-Jacques Rousseau, this article offers an account of an important episode in the historical development of international legal theory: the emergence of a conception of the state as a singular agent, a fictional person that behaves differently from the people who constitute it. In the process, this article challenges prevailing interpretations of Rousseau's place in the Western tradition of international thought and also situates him in the positivist tradition of international law.

Download the article from SSRN at the link. 

The History of the Idea of "Balance of Power"

Miloš Vec , Wissenschaftskolleg zu Berlin, has published De-Juridifying ‘Balance of Power’ – A Principle in 19th Century International Legal Doctrine in the European Society of International Law (ESIL) Conference Paper Series. Here is the abstract.

“Balance of Power” has always been one of the leading justification narratives in international relations. In the introduction section this paper gives an overview of the usages of the principle which is not limited to a particular epoch or geographic area. However, it was classically attributed to the European state system, to brand the era between the treaty systems of Utrecht 1713 and Vienna 1815 when it was discussed as legal and political principle. My paper argues that the international legal doctrine of the 19th century became increasingly reluctant in juridically approving this principle. This shift indicates a vanishing sympathy for the balance of power as an adequate instrument to regulate 19th century interstate relations; this was likewise related to a rejection of the restorative Vienna order. Most international lawyers disguised their reserve behind the formal-positivist distinction between international law and politics (which could be understood as moral and political decision). The principle of the balance of power was devaluated as a mere expression of Realpolitik. At the end of the 19th century, the majority of international lawyers regarded the balance of power as political, not juridical principle. It was shifted to the historiography of international law and to political sciences.

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Adam Smith's Views on International Law and International Relations

Nicolas Hachez, Leuven Centre for Global Governance Studies, has published Views on International Law and International Relations in Adam Smith's Lectures on Jurisprudence. Here is the abstract.

This article aims to analyze and interpret the views on international relations and international law expressed in Adam Smith's little studied Lectures on Jurisprudence, in connection with the works of Grotius, Hobbes and Pufendorf. In order to do so, the article first tries to unravel Smith's account of the formation of society and government in domestic orders, understood as a complex intertwinement of human and economic factors. The article then goes on to analyze Smith's stated reasons why the seemingly universal human and economic processes leading to the formation of domestic societies and governments are failing when they are to apply in the international order. Finally, this article explores Smith's views on the idiosyncratic rules governing international relations, i.e. the Law of Nations. The conclusion of the article then attempts to formulate insights for a more harmonious international society based on Smith's premises.

Download the paper from SSRN at the link.