ORCID Profile
0000-0001-6197-0711
Current Organisation
University of Tasmania
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Publisher: Oxford University Press (OUP)
Date: 07-2023
DOI: 10.1093/LRIL/LRAD014
Publisher: Informa UK Limited
Date: 02-01-2015
Publisher: School of Law, Queen's University Belfast
Date: 14-08-2020
Abstract: While the relationship between domestic and international law provoked constant debate among European jurists in the interwar years, British thinking is remembered as orthodoxly dualist and practice-focused. Complicating this narrative, this article revisits W Ivor Jennings’ work, arguing that the domestic and international were central to his understandings of interwar legal change in the imperial and international communities. Part 1 examines Jennings’ seemingly forgotten 1920s works, which analysed constitutional and international interactions within the rapidly changing imperial system. Part 2 explores Jennings’ turn to international and domestic forms of the rule of law in the lead-up to war, emphasising their British liberal heritage. Part 3 shows how these conceptions, and their imperial connections, echoed in Jennings’ post-war projects: a European federation modelled on the empire and lectures to decolonising states. This reveals both new angles to Jennings’ work and the importance of the domestic and international for constitutional legacies of empire.
Publisher: Brill | Nijhoff
Date: 2016
Publisher: Edward Elgar Publishing
Date: 28-02-2014
Publisher: Cambridge University Press (CUP)
Date: 19-09-2018
DOI: 10.1017/S0922156518000432
Abstract: Scholars of the history of international law have recently begun to wonder whether their work is predominantly about law or history. The questions we ask – about materials, contexts and movements – all raise intractable problems of historiography. Yet, few scholars have turned to historical theory to think through how we might go about addressing them. This article works towards remedying that gap by exploring why and how we might engage with historiography more deeply. Section 2 shows how the last three decades of the ‘turn to history’ can be usefully read as a move from ambivalence to anxiety. The major works of the 2000s thoroughly removed the pre-1990s ambivalence to history, offering brief considerations about method. Recent efforts building on those works have led to the present era of anxiety about both history and method, raising questions around materials, contexts and movements. But far from a negative state, this moment of anxiety is both appropriate and potentially creative: it prompts us to rethink our mode of engaging with historiography. Section 3 explores how this engagement might proceed. It reconstructs the principles and debates within conceptual history around the anxieties of materials, contexts and movements. It then explores how these might be adapted to histories of international law, both generally and within one concrete project: a conceptual history of recognition in the writings of British jurists. Section 4 concludes by considering the advances achieved by this kind of engagement, and reflects on new directions for international law and its histories.
Publisher: Wiley
Date: 06-03-2023
Abstract: In Vavřička v Czech Republic , the European Court of Human Rights held that the Czech Republic's childhood vaccination policy did not contravene the Article 8 right to private life. This note presents a rhetorical and contextual analysis of the Court's engagement with questions of expertise. The majority's application of a wide margin of appreciation avoided grappling with the details of scientific and medical authority, as much as the political challenges raised by the application. We conclude by considering the wider context and limits of rights‐based approaches to global public health.
Publisher: Oxford University Press
Date: 02-06-2016
DOI: 10.1093/LAW/9780198701958.001.0001
Abstract: This book provides a guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The book explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It considers many issues from the field of international legal theory, and provides a guide to the main themes and debates that have driven theoretical work in international law. The text features an introductory chapter (Theorizing International Law) followed by forty-eight chapters which aim to reflect the richness and ersity of this dynamic field. The book is ided into four parts organized around four themes: histories (Part I), approaches (Part II), doctrines and regimes (Part III), and debates (Part IV). The chapters in Part I, introduce some of the key theories and thinkers that are perceived to have provided the foundations of international legal theory and aim to create a methodological awareness of the historical dimension of that theory. The chapters in Part II reflect some of the different ways of categorizing approaches to the theory field. The chapters in Part III provide an overview of theoretical discussions relating to core doctrines and areas of contemporary international law whilst those in Part IV present some of the most existential and essential questions informing the discipline’s current state and likely future.
Publisher: Oxford University Press (OUP)
Date: 2018
DOI: 10.1093/BYBIL/BRY003
Abstract: This article examines the development of the concept of recognition in the writings of British jurists. It first outlines methodologies of conceptual history as applied to international legal concepts, before examining four strands of development of the concept of recognition from the mid-nineteenth to mid-twentieth centuries. It shows how the concept of recognition moved from examining intra-European diplomatic disagreements, to a focus on Christianity, civilisation and progress that barred non-European communities, to a late colonial-era emphasis on technicalities of government and territory, and eventually a state-centric account that normalised inferiority into difference, before emerging in the interwar period as a ‘basic concept’ of international law: intensely debated and closely tied to a range of political projects. The article concludes with reflections on why British thinking turns away from recognition in the 1950s, as the decolonising world turns to a new international law and self-determination.
Publisher: Oxford University Press
Date: 28-10-2020
DOI: 10.1093/OBO/9780199796953-0214
Abstract: Cold War International Law has conventionally been structured around a historiography of hiatus. A “gap” is posited as inhering in international law sometime between 1948 and 1989. In this gap, there is very little international law—or there is an international law of suspension or crisis or deferral. Some of the present editors (Craven, Pahuja, Simpson) are constructing an alternative vision of Cold War international law as law of improvisation, of committed nonalignment, of ideational power, of responsibility, of complicity, of imagination, and of co-constitution. The Cold War needed international law, and the international law we have now is a product of the Cold War. Given all this, compiling a bibliography of Cold War international law raises some difficulties. A first, overarching challenge is how to relate two amorphous things: “international law,” with its many meanings, subfields, instruments, and writers, to “Cold War” in its many forms, locations, experiences, and legacies. This is a problem of breadth and depth for “international law” and “Cold War” alike, but it is also a problem about the Cold War being, paradoxically, both everywhere and nowhere in postwar international law. There is no treaty, case, or juristic text from 1945 to 1991 that does not have some political and global dimension and thus a connection to the Cold War, and yet the term “Cold War” rarely appears within these texts. How to connect them? A second difficulty is about fields. Those interested in Cold War international law cannot avoid becoming well versed in the historical and political events of the era. These events are recounted and debated by scholars in new, complex ways. Cold War historiography, international relations, economics, culture, and sociology are each important, extensive, and indispensable fields, but they are also not often directed to questions of law. Third is the problem of newness. We may be on the cusp of new histories of Cold War international law, but a significant shift to thinking about Cold War international law as a subject in itself has not yet occurred. Evaluations of the Cold War’s “effect” on international law at the time tended to see impasse instead of development, a law subsumed under politics. Now it is clear enough that there is a morass of complex materials waiting to be examined, contextualized, and understood. But we are only just beginning to do that, and there are few major works to guide us. Against these challenges, this article is, then, a first guide. We acknowledge its limits. It is primarily an English-language bibliography, skewed toward writers and perspectives from the Western side of the Cold War. It favors materials that show clear connections between Cold War and international law, meaning many sources relevant to or revealing of the Cold War in more nuanced ways may be missed. Readers of these sources, then, must always take care to consider the partialities, worldviews, contexts, and projects of their authors, a task central to good source interpretation in its legal and historical meanings. This care will be at the foundation of any good work on Cold War international law. But we should also press beyond ideologies and conflicts to other kinds of engagements and understandings.
Publisher: Informa UK Limited
Date: 02-01-2015
Publisher: Oxford University Press (OUP)
Date: 02-2017
DOI: 10.1093/EJIL/CHX018
Publisher: Informa UK Limited
Date: 03-04-2015
Location: United Kingdom of Great Britain and Northern Ireland
No related grants have been discovered for Martin Clark.