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Subjecting International Relations to the Law of Nature

A Neglected Aspect of the Early Modern Jurists and Edmund Burke

Camilla Boisen

In this article, I deal with the issue of how the early modern thinkers dealt, over time, with the question of 'international law' and its enforcement. To draw out Burke's underappreciated view of enforcement, it recounts the law of nations ideas by some of the main jurists of the period such as Vitoria, Gentili and Suárez. As is well known, their differentiation of the law of nations from the law of nature led to the gradual emergence of the legal principle and moral right of intervention to prevent gross violations of the natural law in the discourse of international justice. Such ideas were refined by Grotius, who largely equated international law with punishment, something Pufendorf and Vattel would later criticise. I argue that it is nevertheless Edmund Burke to whom we must look to bridge the two concerns of international law: authority and enforcement. Burke provided the conceptual scope needed to plausibly resolve the issues of enforcement by prescribing specific common law foundations, binding the legal and the moral in international law and presenting it as domestic law. This way of looking at Burke is under-recognised and provides insight into some of the same concerns we face today with enforcement in international law.

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Invoking a World of Ideas

Theory and Interpretation in the Justification of Colonialism

David Boucher

. If this is a right, what is the correlative obligation? There is no doubt that such a right has strong support in the Natural Law and the Law of Nations, which comprises elements of Natural Law, the customary practice of states, the opinions of

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Empire and Economics

Decolonising Colonialism and Its Legacies in Africa

Edited by Lawrence Hamilton

stray remarks of colonialists, and apologists for colonialism and imperialism intelligible, and render remarks such as those of Arnold, Kruger and Lugard warrantibly assertible. Natural law, and the law of nations, is a central component of this

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Reviews

Annabel Brett, Fabian Steininger, Tobias Adler-Bartels, Juan Pablo Scarfi, and Jan Surman

informing in turn prevailing contemporary notions of friendship. When the law of nations was equated with the law of nature and the logic of anarchy and the state of nature, as proposed by Thomas Hobbes, were adopted as the dominant metaphor for

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Macbeth's Thick Night and the Political Ecology of a Dark Scotland

Jeffrey B. Griswold

personification of the shameful day used by Ross, but Macbeth must subdue such meteorological affect in order to kill one of his closest companions. The night here would break the bonds of friendship and the laws of nation. 33 Darkness as a co-conspirator would

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Conceptualizing an Outside World

The Case of “Foreign” in Dutch Newspapers 1815–1914

Ruben Ros

of a space “outside”: international. The word “international” was famously coined by Jeremy Bentham in his Introduction to the Principles of Morals and Legislation (1789), where he used it to rephrase what was previously known as thelaw of nations

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Scandinavianism

Mapping the Rise of a New Concept

Ruth Hemstad

Continental System: Published at Stockholm, by Authority of Bernadotte in March, 1813 (London: J. M. Richardson, 1813), 58. See also Ruth Hemstad, “The Law of Nations and the Norwegian Question in the Parliamentary and Public Debates in Great Britain in 1813

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Hospitality

A Timeless Measure of Who We Are?

Elena Isayev

Hellenistic Poleis .” Kernos 1 : 65 – 86 . Chetail , Vincent . 2016 . “ Sovereignty and Migration in the Doctrine of the Law of Nations: An Intellectual History of Hospitality from Vitoria to Vattel .” The European Journal of International Law 27

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Military-Police Fusion at the Southern Border

Chava Brownfield-Stein

threats are part of a military's traditional role and a cornerstone of the law of nations. ‘Hybrid wars’ of the type that occurred in the summer of 2006 along Israel's northern border are just one of the many challenges facing the Israel Defense Forces

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Book Symposium

Nancy S. Love, Sanford F. Schram, Anthony J. Langlois, Luis Cabrera, and Carol C. Gould

Interactive Democracy: The Social Roots of Global Justice , Carol C. Gould calls for extending human rights beyond the laws of nation-states in order to create transnational communities and global institutions capable of achieving justice for all. Unlike