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01 November 2024

CALL FOR PAPERS: Workshop 'Freedom of the seas and freedom of the individual: a historical appraisal' (London: School of Oriental and African Studies University of London, 7 FEB 2025) [DEADLINE 20 NOV 2024]




Call for papers

Freedom of the seas is a time-honoured principle of international law and the dogma of old and new maritime powers. Traditionally associated with Western-dominated legal doctrine and imperialist mindset, freedom of the seas allowed European states to expand and engage in direct trade with East and West, eventually leading to imperialism and colonisation. Conceptually, its genesis is generally attributed to the Dutch jurist Hugo Grotius and his advocacy in favour of Dutch trade interests in the Indian Ocean in the early XVII century. However, this narrative entirely overlooks forms of State practice and customs developed in other regions of the world, let alone other contemporary or pre-existing scholars.

Generally portrayed in a positive light and recognised as an inherent right of states, freedom of the seas has also benefitted peoples and individuals. Many people oppressed on land have turned to the sea in an effort to leave war and discrimination and to seek refuge and a better future. Starting with Aeneas escaping by ship from the burning Troy, down to the pilgrims of the Mayflower and the thousands of people who have used maritime routes for migration, the free seas have always been the means for trying to reach safety and protection and a way to be able to freely pursue one’s opinions and beliefs, ultimately furthering societal change and visions of a fairer world. 

However, freedom of the seas has also its dark side. The principle has underpinned colonial domination and allowed the slave trade in the Atlantic Ocean and other seas. These lesser known aspects have remained unresearched for many decades. Only recently did they start coming to the forefront, with scholars drawing parallels between old and new state practices to limit free use of the seas by individuals, while allowing slavery and forced labour.

Starting from these premises, the research project on freedom of the seas and protection of human rights, funded by the British Academy and led by Professor Irini Papanicolopulu at SOAS, organises a Workshop, bringing together leading experts and emerging young scholars to debate the relationship between freedom of the seas and individual freedom in a historical perspective. The workshop will take place at SOAS, University of London (UK) on 7 February 2025.

This call for papers invites young scholars to explore various aspects of the relationship between freedom of the seas and individual freedom in a historical perspective, focusing on the XV-XIX centuries. Thematically, we invite participants to deal with aspects relating but not limited to the following topics:

- Historically, who could benefit from the freedom of the seas? And to what purpose? 
- What consequences did this produce upon the determination of the rights (and the duties) that states and individuals had at sea and over the sea? 
- How does the freedom of the seas reflect the deeply entrenched patterns of domination that characterise much of early international law? 
- To what extent (if any) could it be considered to embody also different values? 
- What legal tools were developed to allow some actors to freely use the seas while limiting the freedom of others? 
- Which actors were most relevant at sea, and how does the private/public divide factor into this?
- Why were some empires/State powers particularly proactive in attempting to legally defend their arguments?

Papers may focus on a specific jurist, geographic area, school of thought, historical period, or may address more transversal aspects across the identified timeframe and regions, and may do so from a variety of approaches. We particularly encourage papers from young scholars based in the Global South.

Abstracts of 800-1000 words, addressing the theme and methodology of the proposed paper, and accompanied by an academic CV are to be submitted to al77@soas.ac.uk and ip14@soas.ac.uk by Wednesday 20 November 2024. Selected candidates will be informed by Wednesday 27 November 2024 and must submitted a 7000-8000 words paper by 6 January 2025. The draft papers will be then distributed to the discussants and will be presented and discussed in the course of the Workshop of 7 February 2025. 

Selected participants may be offered a scholarship to cover their travel and accommodation expenses for participating in the workshop. Scholars from the Global South, at early career stage, or belonging to underrepresented groups in Higher Education will be prioritised for the scholarship.

Key Dates 
20 November 2024: deadline for the submission of abstracts
27 November 2024: communication of selection outcome
6 January 2025: deadline for the submission of draft papers
7 February 2025: workshop
For further information please contact Dr Andrea Longo at al77@soas.ac.uk 

REMINDER: Van Caenegem Prize 2025 (articles published or accepted in 2023, 2024)

The European Society for Comparative Legal History (ESCLH) President and Executive Council are pleased to present the ESCLH Van Caenegem Prize competition. The prize will be awarded to a young legal historian deemed to have written the best article published in Comparative Legal History, the ESCLH journal, in 2023 and 2024 or on comparative legal history in another journal in the same two calendar years. Articles published or accepted for publication in 2023 or 2024 are eligible to compete. In the case of acceptance, a letter from the journal is required.



Art. 1: Name of the prize

The Van Caenegem prize is named in honour of Raoul Charles Van Caenegem, a pioneering author in the field of comparative legal history.

Art. 2: The best article in the field of comparative legal history

(1)           The Van Caenegem prize is awarded to the young legal historian(s) in the meaning of Art. 3 who wrote the best article in the field of comparative legal history.
(2)          Every article by a young legal historian published in the Society's journal (Comparative Legal History) in the two calendar years preceding the year in which the Society's Conference is held at which the prize is to be awarded will automatically be considered for the prize.
(3)           The Van Caenegem Prize Committee may consider articles in the field of comparative legal history which are published in the same years in other journals in the English language for the prize.
(4)           Authors and third parties may submit articles in the meaning of paragraph (3) to be considered for the prize. Submission should be made by 1 January of the year in which the Society’s Conference is held at which the prize is to be awarded. The submission must be made by email to the President of the ESCLH. The submission must include a pdf of the published article and a statement indicating that the author fulfils the requirements of Art. 3.

Art. 3: Young legal historian(s)

(1)   A legal historian is regarded to be a young legal historian in the meaning of these rules if he or she is in his or her early career. Accordingly, a legal historian is eligible for the prize if on 1 January of the year of the award ceremony he or she is still within eight years after completing his or her PhD; the Prize Committee can, in exceptional cases and on application, grant an extension of this period. Normally, a legal historian fulfilling the requirement of sentences 1 and 2 will not be eligible if he or she is already a full professor.
(2)   A legal historian who has previously received the prize is not eligible to receive the prize a
second time.
(3)   In case of co-authorship all co-authors must fulfil the requirements set out in Art. 3(1) and (2). Co-authors share the prize.

Art. 4: Van Caenegem Prize Committee

(1)           The Society awards the prize to the winner as determined by the Van Caenegem Prize Committee.
(2)           The Committee shall be appointed by the Society’s Executive Council in the year before the award ceremony. The Committee consists of a president and four further members:
(a)           At least two members (including the president of the committee) shall belong to the Society's Advisory Board.
(b)           Two members shall be chosen from the organisers of the Young Legal Historians Forum which took place within two years of the appointment of the Prize Committee. These two members should not currently be supervised for doctoral work by any other member of the committee. If the Young Legal Historians Forum did not have a conference in the two years period or if it ceases to exist or if for any other reason it is not possible to appoint two members from the organisers of the Young Legal Historians Forum, the Executive Council must chose two members who are themselves young legal historians within the meaning of
Art. 3(1).
(c)            The last member of the Committee shall be chosen from the international community of scholars in comparative legal history.
(d)           No member may be affiliated to the same institution as another member. No member’s institution may be in the same country as another member’s institution. 
(5)  The Society's president can, by appointment, fill a vacancy on the Prize Committee.
(6)  After reviewing the articles, a majority of votes determines the winner. The committee may decide that the prize is shared between two authors.
(7)  A member cannot vote if the vote concerns a relative within the fifth degree, a co-author of a publication or co-applicant of a project or the author is or has been an employee or grantholder at the same institution.

Art. 5: The award of the prize

The prize is awarded by the Society's president at the Society's Conference. The winner will be announced in the issue of the Comparative Legal History following the conference.

Art. 6: Prize money and certificate

The prize consists of a sum to be determined by the Executive Council and a certificate. The Prize Committee will write a one page report, detailing the academic qualities and importance of the article. The president and the further members of the Committee cannot communicate with those outside the Committee in any other way about their decision.

Art. 7: Dispute resolution


Any dispute in respect of a Van Caenegem Prize must be submitted to the president of the Society whose determination is final. 

Potential authors should consult the submission information on Comparative Legal History.

Past winners
2014 (Macerata Conference)

Bram Delbecke (KULeuven) for his article "The Political Offence and the Safeguarding of the Nation State: Constitutional Ideals, French Legal Standards and Belgian Legal Practice, 1830–70", Comparative Legal History I (2013), 45-74 (article link)

2016 (Gdańsk Conference)

Frederik Dhondt (VUB/UGent) for his article "‘Inter ruinas publicas scriptum’: Ernest Nys, a legal historian in defence of Belgian tax payers during the Great War", Comparative Legal History III (2015), 131-151 (article link)


2018 (Paris conference)

Shavana Musa (Manchester) for her article "Victims of maritime conflict, compensation claims and the role of the admiralty court in the early modern period", Comparative Legal History V (2017), 125-141 (article link)

2020 (Lisbon conference/postponed)

Nadeera Rupesinghe (Sri Lanka National Archives) for her article "Do you know the ninth commandment? Tensions of the oath in Dutch colonial Sri Lanka", Comparative Legal History VII (2019), 37-66 (article link)

2022 (Lisbon conference)

Paolo Astorri (Copenhagen) for his article “ Can a judge rely on his private knowledge? Early modern Lutherans and Catholics compared”, Comparative Legal History IX (2021), 56-88 (article link)

BOOK: Lena HAASE, Strafverfolgungspraxis im Schein-Rechtsstaat des „Dritten Reiches“ [Gestapo – Herrschaft – Terror; 2] (Köln: Böhlau, 2023), 625 p, ISBN 978-3-412-52863-8



 

ABOUT THE BOOK:

Die Geheime Staatspolizei ist längst zum Sinnbild der Strafverfolgung in der NS-Zeit geworden. Sie gilt – gemeinsam mit den Sondergerichten und dem Volksgerichtshof – als Inbegriff nationalsozialistischer Rechtsbeugung im Kontext von Terror und Willkür. Nur selten werden hingegen auch die ordentlichen Gerichte auf regionaler Ebene sowie die übrigen Polizeibehörden berücksichtigt. Die Studie beleuchtet an einem regionalen Beispiel, wie sich in der alltäglichen Arbeitspraxis die Zusammenarbeit von Polizei, Gerichten und Staatsanwaltschaft gestaltete. Dabei rückt sie zentrale Tätigkeitsfelder der Regionalbehörden in den Fokus, um die Entwicklung der nationalsozialistischen Strafverfolgungspraxis nachzuzeichnen und mit einem akteurszentrierten Ansatz die Bedeutung von Juristen für das NS-Regime herauszuarbeiten.

ABOUT THE AUTHOR:

Lena Haase ist seit April 2018 Wissenschaftliche Mitarbeiterin im DFG-Projekt "Gestapo: NS-Terror vor Ort. Die Staatspolizeistelle in der südlichen Rheinprovinz". 
 
Read more here.