Towards Comparative International Legal History?

Abstract The great rejuvenation known by the history of international law and, in its wake, the recent engagement with its national dimensions begs the question of whether they and comparative international law are providing the hitherto missing building blocks for the often invoked yet never realized emergence of comparative international legal history. Section I examines the recent revival of study of the national dimension of the history of international law with reference to three main categories: national histories of international law of great Western powers; of semi-peripheral Western countries and of non-Western countries. Section II then examines some of the normative, sociological, methodological and historiographical arguments in favor of the complementary use of the national lens in researching the history of international law from the perspective of its epistemological completeness but also some of its possible dark sides. Section III explores the potential development of comparative international legal history as an embryonic field by retracing the intellectual development of comparative international law in a historical perspective and examining its most recent revival. The article concludes by arguing that existing scholarship already offers the building blocks for the materialization of comparative international legal history as an interdisciplinary field and by illustrating some of its features.

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Publication Details

Journal
Journal of the History of International Law / Revue d’histoire du droit international
Published
2025-03-11
DOI
https://doi.org/10.1163/15718050-bja10112
Primary Topic
Historical Legal Studies and Society
Type
article
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article

Towards Comparative International Legal History?

Ignacio de la Rasilla
Journal of the History of International Law / Revue d’histoire du droit international
Historical Legal Studies and Society
article

Towards Comparative International Legal History?

Ignacio de la Rasilla
article en

Abstract

Abstract The great rejuvenation known by the history of international law and, in its wake, the recent engagement with its national dimensions begs the question of whether they and comparative international law are providing the hitherto missing building blocks for the often invoked yet never realized emergence of comparative international legal history. Section I examines the recent revival of study of the national dimension of the history of international law with reference to three main categories: national histories of international law of great Western powers; of semi-peripheral Western countries and of non-Western countries. Section II then examines some of the normative, sociological, methodological and historiographical arguments in favor of the complementary use of the national lens in researching the history of international law from the perspective of its epistemological completeness but also some of its possible dark sides. Section III explores the potential development of comparative international legal history as an embryonic field by retracing the intellectual development of comparative international law in a historical perspective and examining its most recent revival. The article concludes by arguing that existing scholarship already offers the building blocks for the materialization of comparative international legal history as an interdisciplinary field and by illustrating some of its features.

Journal of the History of International Law / Revue d’histoire du droit internationalVol. 27(2)
Wuhan University (CN), Institute of Law (CN)
Openalex Percentile: Top 95%
Historical Legal Studies and Society
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