References of "Journal of the History of International Law"
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See detailInternational Law and the European Court of Justice: The Politics of Avoiding History
Erpelding, Michel UL

in Journal of the History of International Law (2020, October 21), 22(2-3), 446-472

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It ... [more ▼]

Using the example of the European Court of Justice (ECJ), this article addresses the lack of historical contextualization which is prevalent in most general accounts of EU law and EU institutions. It argues that this narrative is the result of a tradition established by the founders of the discipline. For these early ‘Euro-lawyers’, distinguishing the practice of European institutions from earlier international institutions had important political implications. This was especially true with regard to the ECJ. By providing a selective and partly decontextualized narrative of this court and describing it as largely unprecedented in international law, early Euro-lawyers were not only able to bolster the ‘supranational’ and ‘sui generis’ character of their nascent discipline. They were also able to avoid comparisons between the ECJ and prior international courts and tribunals whose similarly wide-ranging powers and integrated nature had been considered as politically problematic. [less ▲]

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See detailSouveraineté territoriale par traité, written by Mamadou Hébié
Erpelding, Michel UL

in Journal of the History of International Law (2016), 18(4), 469-479

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See detailL'esclavage en droit international : aux origines de la relecture actuelle de la définition conventionnelle de 1926
Erpelding, Michel UL

in Journal of the History of International Law (2015), 17(2), 170-220

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