(image source: Brill)
'The Right of Existence of Peoples as Independent Nations’ Raphael Lemkin, the Tokyo Tribunal, and Aggression (Julia Klaus)
DOI 10.1163/15718050-bja10133
Abstract:
The article uncovers a significant historical connection between Raphael Lemkin, known for his work on genocide, and the International Military Tribunal for the Far East in 1947. Archival discoveries reveal Lemkin’s involvement in discussions on defining the legal concept of aggressive war, aiming to influence the proceedings of the Tokyo Tribunal. A transcript of a US War Department conference shows how Lemkin’s legal philosophy, balancing natural law and practical pragmatism, guided his views on aggression. His preference for a common law approach to formulating legal norms also became evident. Linking the 1947 conference report to an earlier publication by Lemkin sheds light on his role in imagining a practicable legal concept of aggression during the pre- and post-World War II era. This historical connection and a survey of the epistemic communities around Lemkin foster a deeper understanding of his multifaceted contributions to international law and the prevention of mass atrocities.
Kashmir’s Erasure from International Law David Lilienthal and the Forgotten Pre-History of the Indus Waters Treaty (1948–1951) (Rishabh Bajoria) [OPEN ACCESS]
DOI 10.1163/15718050-bja10134
Abstract:
From East Timor to Palestine, political erasures flowing from the legal concepts of self-determination and permanent (state) sovereignty over natural resources remain enduring sites of struggle. This article traces how international law produced such an erasure in Kashmir through a pre-history of the 1960 Indus Waters Treaty. David Lilienthal, famous as the architect of the Tennessee Valley Authority, argued that harnessing the Indus waters for India and Pakistan’s postcolonial development required setting aside Kashmiri demands for self-determination. International law had to transform the waters into common property owned by India and Pakistan and protect their economic value from popular politics. Adjudication of the water dispute was dismissed because a public legal argumentative battle would inflame controversy. Instead, disputes needed to be solved by international law. This pre-history of the Treaty cuts against celebratory narratives of the water-sharing arrangement by showing what lies beneath the surface of a seemingly successful treaty regime.
China Unbounded Extraterritoriality, Nationality, and the Late Qing’s Engagement with International Law (Maria Adele Carrai)
DOI 10.1163/15718050-bja10129
Abstract:
Extraterritoriality in China has traditionally been viewed through the lens of the unequal treaties, often symbolizing China’s subjugation to foreign powers. This article repositions the narrative by highlighting the Qing government’s active adaptation of modern international law and its implementation of extraterritoriality to protect its nationals abroad. By the late 19th century, the Qing began to reimagine its imperial domain not only within the emerging paradigm of territorial sovereignty but also through an extraterritorial extension of its authority abroad, leveraging evolving concepts of nationality and jurisdiction over its diaspora abroad. This article highlights how Qing intellectuals and political leaders appropriated Western legal norms to safeguard Chinese nationals abroad, culminating in the promulgation of the Nationality Law of 1909. By examining the evolution of extraterritoriality and the Qing government’s efforts to protect its diaspora, this study situates these practices within the broader frameworks of international law, highlighting the limitations and paradoxes of sovereignty.
Book reviews
- The World Bank’s Lawyers: The Life of International Law as Institutional Practice, written by Dimitri Van Den Meerssche (Diane A. Desierto)
- The Early Modern Dutch Press in an Age of Religious Persecution: The Making of Humanitarianism, written by David De Boer (Mark Somos)
Read more here.
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