South and East Asian Perspectives on International LawSymposium

Multiperspectivism in and on international law

The symposium on “South and East Asian perspectives on international law” postulates that perspectives matter for the understanding, interpretation, and application of international law. I agree, but would like to caution against throwing out the baby with the bathwater by giving up the never-ending struggle for a bottom-up universalisation of the international legal discourse. Our scholarly approaches, arguments and assessments are value-loaded and connect to underlying political and theoretical preferences …

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South and East Asian Perspectives on International LawSymposium

Backlash against international law by the East?

How the concept of ‘transplantation’ helps us to better understand reception processes of international law

The symbolic metaphor of ‘Eastphalia’ that has been referred to in the opening post of this symposium, which is a wordplay around ‘Westphalia’, is very loaded in its curious terminological choice. Westphalia is a myth that plays a central role in the linear narrative on the development of international law from West to East. The analogy is not very flattering – as it is another ‘orientalist’ labeling that creates an impression …

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South and East Asian Perspectives on International LawSymposium

Are We Living in an Eastphalian Moment?

It is indisputable that economic and geopolitical power has shifted east and that the core-semi periphery-periphery symbolism, a common reference for liberal, socialist and postcolonial states, increasingly mischaracterizes the complexities of relations at play, as do voices who proclaim the beginning of the post-liberal world order. True, in liberal strongholds, nationalistically-minded authoritarianism is on the rise again, more subtle than in the first half of the 20thcentury, but with similar …

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South and East Asian Perspectives on International LawSymposium

From Liberal and Equal to Fraternal International Legal Order?

Eastphalian Synthesis of Sovereignty and Governmentality

  A quarter half of a century has passed since Francis Fukuyama declared in The End of History the ultimate triumph of Western liberal democracy. Contrary to this prophecy, we are witnessing the sunset of the Western liberal international legal order. It has been revealed in several critical momentathat liberal internationalism has militant, interventionist character that causes paradoxical consequences of ‘illiberal liberalism’: in order to protect what a liberal State perceives …

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South and East Asian Perspectives on International LawSymposium

The Ecological Atlas of International Law

A Chinese Reading of Three Celebrated Works in the Comparative International Law Discourse

In an effort to “identify, analyze, and explain similarities and differencesin how international law is understood, interpreted, applied, and approached by different national and international actors”, comparative international law as a research area has recently received more scholarly attention, at a time when faith in international law’s universality seems to be declining. In light of the dynamics of international power, especially the rise of China, “multiperspectivism” is expected to facilitate …

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South and East Asian Perspectives on International LawSymposium

The ‘Standard of Civilization’ in international law

Intellectual perspectives fom pre-war Japan

Any history of international law in Japan and the discourse on Japan’s semi-civilized status begin with nineteenth-century European encounters. Although there is thick literature on the ‘pre-modern’ international order in the Far East, the normative connection between Japan’s various responses to this order, on the one hand, and its engagement with the nineteenth-century European notion of the standard of civilization, on the other, is not adequately spelled out. I argue …

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South and East Asian Perspectives on International LawSymposium

Are We Living in the “Eastphalian” Moment?

South and East Asian Perspectives on International Law

Diverging views and perspectives on international law are unavoidable. The global span of this body of law and the different geographical, cultural, religious and educational backgrounds of those who work with it contribute importantly to the understanding of its normative frameworks. Multiperspectivism and situatedness thus somewhat seem to be inherent to the DNA of international law (see e.g. here; see also this recent book). The fact that scholars from different countries and continents …

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Current Developments

Trump’s latest attack on international law

How the nomination of judge Kavanaugh to the supreme court could shape the USA’s approach to international obligations

It seems that US-President Donald Trump has won a powerful supporter for his onslaught on international law and international institutions: Supreme Court Judge nominee Brett Kavanaugh. The nomination of judge Brett Kavanaugh by Donald Trump as successor for the departing judge Kennedy has understandingly only received mediocre attention in European media and within the public law community whereas this issue seems to prevail debates in recent weeks amongst US scholars and large …

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Interview

On history, geography, and radical change in international law

An interview with BS Chimni

These are exciting times for international legal scholarship – on this point, the interviewers and Professor BS Chimni can immediately agree. But what are the consequences of recent challenges to the international legal order for critical approaches? Professor Chimni’s groundbreaking work on Third World Approaches to International Law (TWAIL) has contributed greatly to international legal scholarship during the last decades. A fascinating scholar, an enthusiastic teacher, and an effortlessly charismatic …

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DiscussionResponse

Who may see the Acropolis? Global patterns of inequality and the right to tourism

In her contribution on the newly created right to tourism, Sabrina Tremblay-Huet convincingly states, that the social and economic phenomenon of tourism has been widely disregarded by the social sciences, law and philosophy due to the focus of the academia on migration. However, there are many reasons to highlight the growing relevance of tourism in world society: First, the tourist sector generates by now 10 percent of the world’s GDP. …

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