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In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. 0This book describes the Spanish origin project in context, relying on Scott's biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria's persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.
International law --- History. --- Scott, James Brown, --- Vitoria, Francisco de, --- Francisco de Vitoria, --- Victoria, Francisco de, --- Francisco, --- Franziscus, --- Franzisco, --- Franciscus, --- De Vitoria, Francisco, --- Vittoria, Francisco de, --- History --- International law - History --- Scott, James Brown, - 1866-1943 --- Vitoria, Francisco de, - 1486?-1546
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International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.
Droit international --- International law --- Law --- Histoire --- Influence étrangère --- History --- Foreign influences --- Scott, James Brown --- Alvarez, Alejandro --- Institut américain de droit international --- American Institute of International Law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law of nations --- Nations, Law of --- Public international law --- History&delete& --- America --- United States --- Foreign influences&delete& --- Institut américain du droit international --- Instituto americano de derecho internacional --- Instituto americano de direito internacional --- History. --- Histoire. --- Influence étrangère. --- Foreign influences. --- Scott, James Brown, --- Alvarez, Alejandro, --- International law - America - History --- International law - United States - History --- Law - America - Foreign influences. --- Scott, James Brown, - 1866-1943 --- Alvarez, Alejandro, - 1868-1960 --- Influence étrangère.
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