International Law and the Politics of History

International Law and the Politics of History explores the ideological, political, and material stakes of disputes over the history of international law, arguing that there can be no impartial accounts of the past and its relation to empire and capitalism. Anne Orford urges lawyers and historians to embrace their creative role in making rather than finding the meaning of international law.

Format: Hardback
Length: 280 pages
Publication date: 05 August 2021
Publisher: Cambridge University Press

As the future of international law has become a central point of contention among and between powerful states, the debates surrounding its history have intensified significantly. In International Law and the Politics of History, Anne Orford delves into the ideological, political, and material dimensions of seemingly technical disputes regarding the study and understanding of the legal past. Drawing upon her extensive expertise in the history, theory, and practice of international law, Orford posits that impartial accounts of international law's past and its relationship to empire and capitalism are impossible. Instead of seeking historical insights in a futile endeavor to establish new foundations for formalist interpretations of past legal texts or to define the purposes of international regimes, she encourages lawyers and historians to embrace their creative role in shaping the meaning of international law.

Orford argues that international law has always been intertwined with the dynamics of empire and capitalism. The emergence of international law as a distinct field of study can be traced back to the late 19th century, coinciding with the rise of European colonialism and the expansion of global trade. The legal frameworks established during this period were designed to regulate the interactions between European powers and their colonies, as well as to promote economic cooperation and stability. However, Orford points out that these legal frameworks were also shaped by the interests of empire and capitalism. The colonial powers sought to maintain their control over resources and territories, while the capitalist class sought to expand its economic influence and exploit labor in the colonies.

As international law evolved, it became increasingly intertwined with the geopolitical struggles of the 20th century. The aftermath of World War II saw the establishment of the United Nations, which aimed to promote peace, security, and cooperation among nations. However, the UN's founding principles were also influenced by the Cold War, which pitted the United States and the Soviet Union against each other in a global struggle for dominance. The UN's Charter, which was signed in 1945, recognized the right of self-determination and the protection of human rights, but it also contained provisions that were designed to promote economic cooperation and stability.

Throughout the history of international law, there have been ongoing debates over the role of the international legal system in addressing the challenges posed by empire and capitalism. Some scholars argue that international law can be a powerful tool for promoting social justice and human rights, while others argue that it is inherently flawed and serves the interests of powerful states. Orford takes a nuanced approach, recognizing that international law has both positive and negative aspects. On the one hand, she argues that international law can provide a framework for addressing issues such as human rights violations, environmental degradation, and economic inequality. On the other hand, she points out that international law can also be used to justify the expansion of empire and the exploitation of resources.

One of the key themes in International Law and the Politics of History is the concept of legal imperialism. Legal imperialism refers to the dominance of a particular legal system or ideology over other legal systems or ideologies. Orford argues that the dominance of Western legal systems and ideologies over other legal systems and ideologies has been a significant factor in the perpetuation of empire and capitalism. Western legal systems are often characterized by their emphasis on individual rights, private property, and the rule of law, while other legal systems and ideologies prioritize collective rights, communal property, and traditional practices.

To address the challenges posed by legal imperialism, Orford advocates for a more inclusive and diverse approach to the study and understanding of international law. She suggests that lawyers and historians should engage with a range of legal systems and ideologies, rather than focusing solely on Western legal systems. This approach would enable a more nuanced understanding of the historical and cultural contexts in which international law has developed, and it would facilitate the development of more equitable and sustainable legal frameworks.

In conclusion, International Law and the Politics of History offers a critical examination of the history of international law and its relationship to empire and capitalism. Anne Orford's book challenges the notion of impartial accounts of international law's past and its relationship to empire and capitalism, arguing that there can be no neutral accounts of international law's past and its relation to empire and capitalism. Instead, she urges lawyers and historians to embrace their creative role in shaping the meaning of international law. By engaging with a range of legal systems and ideologies, lawyers and historians can contribute to the development of more inclusive and sustainable legal frameworks that promote social justice and human rights while also addressing the challenges posed by empire and capitalism.

Weight: 720g
Dimension: 159 x 236 x 30 (mm)
ISBN-13: 9781108480949