- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index
Abstract and Keywords
This chapter examines the transformation of ideas about international power that took place in the idiom of natural law between 1648 and 1815, a key period of early Western modernity. Pressed in part by external events and in part by developments in the relations between the Holy Roman Empire’s constituent units, university jurists switched between abstract justification of the imperial structure and deliberating the technical merits of alternative legislative policies. These debates had an immediate relevance to how German jurists conceived jus gentium (the law of nations) and why they would finally discuss it under the title of ‘public law of Europe’. Thus, the transformations of natural law in the period 1648–1815 constructed and delimited the ways in which what is settled in the international world and what is open for political contestation was to be conceived up to the present.
Keywords: Responsibility of international organizations, Customary international law, General principles of international law, Relationship of international law and host state law, Sources of international law
Martti Koskenniemi (born 1953) is Academy Professor of International Law at the University of Helsinki and Director of the Erik Castrén Institute of International Law and Human Rights. Professor Koskenniemi’s present research focuses on the history of international legal thought.
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- The Oxford Handbook of the Theory of International Law
- Dedication
- Acknowledgements
- Table of Cases
- Table of Legislation
- Notes on Contributors
- Introduction: Theorizing International Law
- Theorizing the Turn to History in International Law
- Roman Law and the Intellectual History of International Law
- Transformations of Natural Law: Germany 1648–1815
- Hugo Grotius: The Making of a Founding Father of International Law
- The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven
- The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory
- China in the Age of the World Picture
- Imperialism and International Legal Theory
- Early Twentieth-Century Positivism Revisited
- Hans Kelsen and the Return of Universalism
- Schmitt, Schmitteanism and Contemporary International Legal Theory
- Hannah Arendt and International Law
- International Legal Theory in Russia: A Civilizational Perspective, or Can Individuals be Subjects of International Law?
- Natural Law in International Legal Theory: Linear and Dialectical Presentations
- Marxist Approaches to International Law
- Realist Approaches to International Law
- Constructivism and the Politics of International Law
- The International Signs Law
- Moral Philosophy and International Law
- International Legal Positivism
- Yale’s Policy Science and International Law: Between Legal Formalism and Policy Conceptualism
- International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real
- Liberal Internationalism
- Feminist Approaches to International Law
- Kant, Cosmopolitanism, and International Law
- Global Administrative Law and Deliberative Democracy
- Towards a New Theory of Sources in International Law
- Something to do with States
- Theorizing Recognition and International Personality
- Theorizing Jurisdiction
- Theorizing International Organizations
- Theorizing the Corporation in International Law
- Theorizing International Law on Force and Intervention
- Theorizing Human Rights
- Theorizing Free Trade
- International Criminal Law: Theory All Over the Place
- Theorizing the Laws of War
- Theories of Transitional Justice: Cashing in the Blue Chips
- Theorizing International Environmental Law
- Theorizing International Law and Development
- Theorizing Responsibility
- Theorizing Private International Law
- Transnational Migration, Globalization, and Governance: Theorizing a Crisis
- Religion, Secularism, and International Law
- The Idea of Progress
- International Legalism and International Politics
- Creating Poverty
- Fragmentation and Constitutionalization
- Index