OUP is publishing a new book on
contingency in international law.
ABOUT THE BOOK
This book poses a question that
is deceptive in its simplicity: could international law have been otherwise?
Today, there is hardly a serious account left that would consider the path of
international law to be necessary, and that would refute the possibility of a
different law altogether. But behind every possibility of the past stands a
reason why the law developed as it did. Only with a keen sense of why things
turned out the way they did is it possible to argue about how the law could
plausibly have turned out differently.
The search for contingency in
international law is often motivated, as it is in this volume, by a refusal to
resign to the present state of affairs. By recovering past possibilities, this
volume aims to inform projects of transformative legal change for the future.
The book situates that search for contingency theoretically and carries it into
practice across many fields, with chapters discussing human rights and armed
conflict, migrants and refugees, the sea and natural resources, foreign
investments and trade. In doing so, it shows how politically charged questions
about contingency have always been.
ABOUT THE EDITORS
ngo Venzke is Professor of
International Law and Social Justice at the University of Amsterdam, and
Director of the Amsterdam Centre for International Law. He has held visiting
positions at various universities including the National University of
Singapore and Jindal Global Law School. He was a Hauser Research Scholar at New
York University as well as a visiting scholar at the Cegla Center for the
Interdisciplinary Research of the Law (Tel Aviv University) and the Center for
the Study of Law and Society (UC Berkeley). He received his PhD in Law from the
Goethe University in Frankfurt while working as research fellow at the Max
Planck Institute for International Law in Heidelberg. Since 2015, Ingo has been
the Editor-in-Chief of the Leiden Journal of International Law (together with
Eric de Brabandere).
Kevin Jon Heller is Professor of
International Law and Security at the University of Copenhagen and Professor of
Law at the Australian National University. He has previously held positions at
the University of Amsterdam, SOAS, the University of Melbourne, the University
of Auckland, and the University of Georgia. He received his PhD in Law from
Leiden University and holds a JD with distinction from Stanford University. He
is the author of The Nuremberg Military Tribunals and the Origins of
International Criminal Law, and the co-editor of the Oxford Handbook of
International Criminal Law and the Hidden Histories of War Crimes Trials, all
published by Oxford University Press.
TABLE OF CONTENTS
I. INTRODUCTION
1:Contingency Situated, Ingo
Venzke
II. THEORISING AND NARRATING
CONTIGENCY
A. Enacted Structures and
Structured Actors
2:On Dead Circuits and
Non-Events, Fleur Johns
3:Contingency in International
Legal History: Why Now?, Genevieve Painter
4:The Necessity of Contingency:
Method and Marxism in International Law, Umut Özsu
5:The Realist and the Visionary:
Property, Sovereignty, and the Problem of Social Change, Justin Desautels-Stein
6:An Enlarged Sense of
Possibility for International Law: Seeking Change by Doing History, Janne Nijman
B. Situated Perspectives and
Possibilities
7:Contingencies in International
Legal Histories: Origins and Observers, Filipe dos Reis
8:Historical Base and Legal
Superstructure: Reading Contingency and Necessity in the Tadic Challenge,
Michele Tedeschini
9:Subverting Eurocentric
Epistemology: The Value of Nonsense When Designing Counterfactuals, Mohsen al
Attar
10:The Time of Contingency in
International Law, Geoff Gordon
III. LOCATING AND RESISTING
CONTINGENCY
A. Migrants and Refugees
11:The Contingency of
International Migration Law, Frédéric Mégret
12:Contingent Movements?
Differential Decolonisations of International Refugee and Migration Law and
Governance, Christopher Szabla
B. Sea and Resources
13:What if the United Nations
Convention on the Law of the Sea had Entered into Force Unamended: Business as
Usual or Dystopia?, Alex Oude Elferink
14:What if Arvid Pardo had not
made his famous speech? (False) Contingency in the Making of the Law of the
Sea, Surabhi Ranganathan
15:Contingent Economic Ordering:
Permanent Sovereignty over Natural Resources and International Commodity
Agreements, Lucas Lixinski and Mats Ingulstad
C. Human Rights
16:Rights for Daydreaming:
International Human Rights Law Thought Otherwise, Kathryn McNeilly
17:Who Turned Multinational
Corporations into Bearers of Human Rights? On the Creation of Corporate 'Human'
Rights in International Law, Silvia Steininger and Jochen von Bernstorff
18:Austerity: Why Human Rights
Came Late and Helped Little, Matthias Goldmann
D. Armed Conflict
19:Contingencies of Context:
Contested Legacies of the Algerian Revolution in the 1977 Additional Protocols
to the Geneva Conventions, Emma Stone Mackinnon
20:Unveiling Common Article 3 to
the Geneva Conventions: Contingency, Necessity and Possibility in International
Humanitarian Law, Bianca Maganza
21:The Narrative Contingency of
International Humanitarian Law: Crimes against Humanity in Cixin Liu's
Post-Humanist Universe, Amanda Alexander
22:Why Did Starvation Not Become
the Paradigmatic War Crime in International Law?, Nicholas Mulder and Boyd van
Dijk
E. Foreign Investments
23:The Law of State
Responsibility and the Persistence of Investment Protection, Kathryn Greenman
24:Barcelona Traction
Re-Imagined: The ICJ as a World Court for Foreign Investment Cases?, Saïda El
Boudouhi
25:From a Fortuitous Transplant
to a Fundamental Principle of Law? The Doctrine of Legitimate Expectations and
the Possibilities of a Different Law, Josef Ostranský
F. The New International Economic
Order
26:Bandung's Fate, Kevin Crow
27:'Poisonous Flowers on the
Dust-heap of a Dying Capitalism': The United Nations Code of Conduct on
Transnational Corporations, Contingency and Failure in International Law,
Michelle Staggs Kelsall
G. Eruptions
28:Contravention and Creation of
Law during the French Revolution, Edward Kolla
29:Contingencies in The Rise of
European and Latin American Private International Law, 1850 to 1950, Ana Delic
IV. OUTLOOK
30:From Situated Freedom to
Plausible Worlds, Samuel Moyn
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