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11 - 1917

Property, Revolution and Rejection in International Law

from Part IV - Investment

Published online by Cambridge University Press:  21 January 2021

Kathryn Greenman
Affiliation:
University of Technology, Sydney
Anne Orford
Affiliation:
University of Melbourne
Anna Saunders
Affiliation:
Harvard Law School, Massachusetts
Ntina Tzouvala
Affiliation:
Australian National University, Canberra
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Summary

It is well appreciated that legal systems are imbued with patterns. Given their constructed nature, use of precedent, application of principles and multitude of law-making instruments, it is unsurprising that links, repetition, practices and relationships are identified within and across legal systems; and international law is no different in that respect. As a field, it has developed at various points in line with a range of patterns as it responds to particular propositions, assertions, circumstances, events or challenges. And as it has fractured and subdivided into specialist areas, that process has been replicated, each sector of international law producing its own distinct reiterations. Clearly not the sole pattern – but certainly an especially potent one – is the centrality of property and commerce.1 When the history of international law is examined, a repeated process of right-construction can be observed and we can see that mechanisms and artificial constructs have repeatedly been developed to place property and commerce at the centre of international law. Concepts, treaties, arbitrations, even the use of language as a mechanism were all new devices, each responding to contemporary needs with a new construct: ostensibly a break or change of direction but always actually preserving core, central principles, supporting a private-rights focus in rules for international application, creating overall a continuity of approach.

Type
Chapter
Information
Revolutions in International Law
The Legacies of 1917
, pp. 271 - 290
Publisher: Cambridge University Press
Print publication year: 2021

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  • 1917
  • Edited by Kathryn Greenman, University of Technology, Sydney, Anne Orford, University of Melbourne, Anna Saunders, Harvard Law School, Massachusetts, Ntina Tzouvala, Australian National University, Canberra
  • Book: Revolutions in International Law
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108860727.015
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  • 1917
  • Edited by Kathryn Greenman, University of Technology, Sydney, Anne Orford, University of Melbourne, Anna Saunders, Harvard Law School, Massachusetts, Ntina Tzouvala, Australian National University, Canberra
  • Book: Revolutions in International Law
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108860727.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • 1917
  • Edited by Kathryn Greenman, University of Technology, Sydney, Anne Orford, University of Melbourne, Anna Saunders, Harvard Law School, Massachusetts, Ntina Tzouvala, Australian National University, Canberra
  • Book: Revolutions in International Law
  • Online publication: 21 January 2021
  • Chapter DOI: https://doi.org/10.1017/9781108860727.015
Available formats
×