Contingency in International Law On the Possibility of Different Legal Histories 1st edition by Ingo Venzke, Kevin Jon Heller 0192652907 9780192652904

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ISBN-10 : 0192652907  

ISBN-13 : 9780192652904

Author : Ingo Venzke, Kevin Jon Heller 
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.

Contingency in International Law: On the Possibility of Different Legal Histories 1st Table of contents:

I. Introduction
1. Situating Contingency in the Path of International Law
II. Theorising & Narrating Contingency
A. Enacted Structures & Structured Actors
2. On Dead Circuits and Non-events
3. Contingency in International Legal History: Why Now?
4. The Necessity of Contingency: Method and Marxism in International Law
5. The Realist and the Visionary: Property, Sovereignty, and the Problem of Social Change
6. An Enlarged Sense of Possibility for International Law: Seeking Change by Doing History
B. Situated Perspectives & Possibilities
7. Contingencies in International Legal Histories: Origins and Observers
8. Historical Base and Legal Superstructure: Reading Contingency and Necessity in the Tadić Challenge
9. Subverting Eurocentric Epistemology: The Value of Nonsense When Designing Counterfactuals
10. The Time of Contingency in International Law
III. Locating & Resisting Contingency
A. Migrants & Refugees
11. The Contingency of International Migration Law: ‘Freedom of Movement’, Race, and Imperial Legacies
12. Contingent Movements? The Differential Decolonisations of International Refugee and Migration Law and Governance
B. Sea & Resources
13. What If the United Nations Convention on the Law of the Sea had Entered into Force Unamended: Business as Usual or Dystopia?
14. What If Arvid Pardo Had Not Made his Famous Speech? (False) Contingency in the Making of the Law of the Sea
15. Contingent Economic Legal Ordering: Permanent Sovereignty over Natural Resources and International Commodity Agreements
C. Human Rights
16. Rights for Daydreaming: International Human Rights Law Thought Otherwise
17. Who Turned Multinational Corporations into Bearers of Human Rights? On the Creation of Corporate ‘Human’ Rights in International Law
18. Contesting Austerity in the 1970s and 1980s: When Human Rights Went Missing
D. Armed Conflict
19. Contingencies of Context: Legacies of the Algerian Revolution in the 1977 Additional Protocols to the Geneva Conventions
20. Unveiling Common Article 3 to the Geneva Conventions: Contingency, Necessity, and Possibility in International Humanitarian Law
21. Narrative Contingency and International Humanitarian Law: Crimes against Humanity in Cixin Liu’s Post-Humanist Universe
22. Why Did Starvation Not Become the Paradigmatic War Crime in International Law?
E. Foreign Investments
23. The Law of State Responsibility and the Persistence of Investment Protection
24. Barcelona Traction Re-Imagined: The ICJ as a World Court for Foreign Investment Cases?
25. From a Fortuitous Transplant to a Fundamental Principle of Law? The Doctrine of Legitimate Expectations and the Possibilities of a Different Law
F. The New International Economic Order
26. Bandung’s Fate
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
G. Eruptions
28. Contravention and Creation of Law during the French Revolution
29. Contingencies in the Rise of European and Latin American Private International Law, 1850 to 1950
IV. Outlook
30. From Situated Freedom to Plausible Worlds

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