The Oxford Handbook of International Law in Europe
The Oxford Handbook of International Law in Europe
Anne van Aaken, Professor for Law and Economics, Legal Theory, Public International Law and European Law, Faculty of Law, Director, Institute of Law and Economics, University of Hamburg
Lauri Mälksoo, Professor of International Law, University of Tartu
Johann Justus Vasel, Professor for Public Law and Legal Aspect of Artificial Intelligence, Heinrich-Heine-University Düsseldorf
Cite
Abstract
This handbook provides a comprehensive account of how international law is understood and practised in Europe, broadly defined for the purposes of the book as Council of Europe countries in the past and in the present. Its parts cover Europe’s values, intellectual traditions, and institutions as well as the approaches of individual European countries. A diverse group of leading scholars and practitioners of international law are led by three overarching questions: the successes and failures of the pacifying effect of international law; the diversity of international legal experiences and traditions within Europe; and the impact of European ideas on international law globally. By examining these questions, the book inevitably also discusses Europe’s changing role in the world and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law. The idea for this book was conceived before the Russian full-scale invasion of Ukraine in 2022, but most chapters were written with an awareness of this major war within wider Europe.
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Front Matter
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Part 1 History, Ideas, and Current Developments of International Law in Europe
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1
A Rich But Contested History: The Role of European States and Lawyers in the History of International Law
Lauri Mälksoo
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2
The Role of Religion in the Formation of International Law in Europe
Christian Walter
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3
Europe and International Law: Colonial Legacies
Antony Anghie
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4
Human Rights Ideas, Law, and Institutions in Europe
Başak Çalı
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5
Rule of Law in Europe: A Multi-Layered Network
Anne van Aaken
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6
The Question of Democracy in International Law in the Context of European History
Sevanna Poghosyan
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7
The Idea of European Culture(s) and Diversity
Veronika Bílková
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8
The Ideas of Prosperity and Solidarity in European International Law
Gail Lythgoe andAkbar Rasulov
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9
Sovereignty and European Exceptionalism
Hent Kalmo
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10
The European Union: Using International Law to Replace It
Pierre d’Argent
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11
The Criticism of Eurocentrism and International Law: Countering and Pluralizing the Research, Teaching, and Practice of Eurocentric International Law
Makane Moïse Mbengue andOlabisi D. Akinkugbe
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1
A Rich But Contested History: The Role of European States and Lawyers in the History of International Law
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Part 2 Intellectual Traditions of International Law in Europe
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12
International Legal Positivism and the European Quest for Scientificity
Jean d’Aspremont
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13
International Law in Europe and Legal Realism
Yuval Shany andMaria Varaki
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14
Constitutionalism
Antje Wiener
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15
The Role of Natural Law in the Rise and Decline of European International Law
Mary Ellen O’Connell
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16
When Humanitarians Go to War: A European Road to ‘Civilized’ Warfare?
Anne Dienelt
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17
The Master’s Tools and the Master’s House: Marxist Insights for International Law
Antonios Tzanakopoulos
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12
International Legal Positivism and the European Quest for Scientificity
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Part 3 Specific Institutions of International Law in Europe
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18
The Council of Europe
Ganna Yudkivska
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19
The OSCE
Anja Mihr
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20
The European Union: Silent Superpower or Noah’s Ark
Johann Justus Vasel
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21
European Neighbourhood Policy and EU Enlargement
Sylwia Majkowska-Szulc andKarolina Wierczyńska
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22
European Judiciary (ECtHR, ECJ, National Courts)
Ineta Ziemele
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23
Europe’s Interaction with the Rest of the World
Jan Klabbers
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24
NATO
Thomas D. Grant
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25
The Eurasian Economic Union
Sergey Sayapin
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18
The Council of Europe
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Part 4 Countries and Regions of Europe
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26
The Baltic States
Lauri Mälksoo
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27
France
Hélène Ruiz Fabri andEdoardo Stoppioni
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28
Germany
Andreas von Arnauld
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29
Greece
Iakovos V. Iakovidis andVassilis P. Tzevelekos
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30
Italy
Ludovica Chiussi Curzi andAttila Tanzi
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31
The Netherlands
Cedric Ryngaert
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32
The Nordic States
Pål Wrange andAstrid Kjeldgaard-Pedersen
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33
Poland
Władysław Czapliński
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34
Russia
Vera Rusinova
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35
Spain and Portugal
Carlos Espósito andPatrícia Galvão Teles
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36
Switzerland
Helen Keller and others
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37
Turkey
Olgun Akbulut andIşıl Ergüvenç Karakaş
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38
Ukraine
Mykola Gnatovskyy
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39
The United Kingdom
James Harrison andMichael Wood
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40
The Visegrád (V4) Countries
Pavel Šturma
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41
The Countries of the Former Yugoslavia
Marko Milanović andTatjana Papić
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26
The Baltic States
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End Matter
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