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: Paperback / softback
Length: 280 pages
Publication date: 05 August 2021
Publisher: Cambridge University Press

The future of international law has become a focal point of contention among powerful states, leading to intense debates over its historical development. In response, Anne Orford's book, International Law and the Politics of History, delves into the ideological, political, and material dimensions of disputes surrounding the study and understanding of international law. Drawing on her extensive expertise in the history, theory, and practice of international law, Orford challenges the notion of impartial accounts of international law's past and its relationship to empire and capitalism. Instead of seeking a futile quest for historical insights to justify formalist interpretations of past legal texts or to define the purposes of international regimes, she advocates for lawyers and historians to embrace their creative role in shaping the meaning of international law.

Orford argues that international law cannot be divorced from the broader social, political, and economic contexts in which it has evolved. She highlights the ideological struggles that have shaped the development of international law, from the Enlightenment ideals of universalism and equality to the more recent emergence of neoliberalism and globalization. These ideological conflicts have played a significant role in shaping the legal frameworks and institutions that govern international relations.

Furthermore, Orford examines the political dimensions of international law, particularly the role of powerful states in shaping its evolution. She argues that international law is not a neutral or objective system but is deeply influenced by the interests and power dynamics of the states that participate in it. The history of international law is replete with examples of states using legal frameworks to advance their own geopolitical objectives, such as the creation of imperial empires or the establishment of global trade regimes.

In addition to the ideological and political dimensions, Orford also explores the material stakes of international law. She argues that the legal past has profound implications for the present and future of international relations. For example, the legacies of colonialism and imperialism continue to shape the legal frameworks and institutions that govern the interactions between former colonial powers and their former colonies. Similarly, the development of international trade law has had significant impacts on the economic and social structures of countries around the world.

To address these challenges, Orford calls for a more nuanced and critical approach to the study of international law's past. She urges lawyers and historians to engage in a dialogue that crosses disciplinary boundaries and seeks to understand the complex and multifaceted nature of international law. She also advocates for a more inclusive and democratic approach to the development of international law, one that recognizes the diverse perspectives and interests of states and other actors involved in international relations.

In conclusion, International Law and the Politics of History offers a valuable contribution to the ongoing debates over the history of international law. By challenging the notion of impartial accounts and highlighting the ideological, political, and material stakes of disputes surrounding international law, Orford encourages lawyers and historians to embrace their creative role in shaping the future of this critical field.

Weight: 574g
Dimension: 151 x 228 x 31 (mm)
ISBN-13: 9781108703628