Cinema has been an object of study for the social sciences for some time now. The relationship between law and cinema has been the subject of a certain number of reflections by jurists who work essentially within a national legal framework, and from the true genre that courtroom movies have become. One can point also to studies linking cinema and international relations. In short, the relationship between international law and cinema has never been the subject of a specific book. The objective of the present book is to show what image of international law and its norms is conveyed in films and series. Beyond a strictly legal analysis, the ambition is to take into account, in a broader perspective marked by interdisciplinarity, the relations between international law, cinema and ideology. The volume is aimed at a readership made of scholars, researchers as well as practitioners, in the field of international law, and related fields, all of whom will benefit from being introduced to a variety of perspectives on core international legal questions present in movies and TV series. Further, the volume can also be used with advanced undergraduate and postgraduate students studying international law, politics and international relations because it will provide the possibility of introducing students to a variety of perspectives on key issues in international law present in movies and TV series.
Representing the first book-length treatment of the application of feminist theories of international law, The boundaries of international law argues that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronted it. With a new introduction that reflects on the profound changes in international law since the book’s first publication in 2000, this volume is essential reading for scholars, practitioners and students alike.
This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.
This chapter and the next examine
various modes of internationallaw- making to investigate the interests
and perspectives they support. Here, we describe the law with respect to
customary internationallaw, general principles of law and subsidiary
sources of law. Chapter 4 looks more
specifically at the law of treaties. We deal with the traditional
This book uses feminist theories to
sustain its claim that the absence of women in internationallaw has
distorted the discipline’s boundaries. The aim of this chapter is
to introduce these theories and to consider their value in understanding
internationallaw. As a background to this task, we first discuss the
theories that underpin traditional international
ceremoniously, and says in a calm but firm voice: ‘Since you refuse to abide by the laws of the civilised world, we must consider ourselves absolved from our duty to obey you. My officers will not do manual labour.’ ‘We shall see’ replies Colonel Saito.
The renowned international humanitarian law specialist Eric David explains that this scene, which he saw when he was an adolescent, remained engraved in his memory, particularly as an expression of the Japanese official’s contempt for the law. 2 This anecdote has inspired a section dedicated to ‘InternationalLaw and
This book has argued that sex and
gender shape internationallaw. It has questioned the universality and
objectivity of internationallaw because of the exclusion of women from
its substance, methodologies and processes. It has examined the
assumptions of the international legal order that inculcate particular
conceptions of gender and reinforce in turn ideas
In 2018, the United Nations InternationalLaw Commission adopted, on second reading, a set of Conclusions on Identification of Customary InternationalLaw . 1 The document, now submitted to the United Nations General Assembly, contains sixteen conclusions relating to various aspects of the formation and identification of customary internationallaw. The basic approach that the document embraces is a traditional one. A rule of customary internationallaw emerges when there is ‘a general practice that is accepted as law ( opinio juris )’ . 2 The practice is
This chapter addresses one specific aspect of the InternationalLaw Commission’s work on the identification of customary internationallaw: how it sees its own output in relation to custom. While in the latest Conclusions and Commentary on the Identification of Customary InternationalLaw (hereafter ‘the Conclusions’) it dedicates specific sections to ‘teachings of publicists’ and judgments, the Commission chose not to dedicate a discrete sub-heading to its own work, instead mentioning it in passing in the commentary preceding the ‘Significance of certain
societal structures’. 4 Thus, it is difficult to say that science fiction cinema can produce a ‘credible account’ of known internationallaw due to the radically transformed nature of the ‘international’ society.
Then is writing as legal scholars on internationallaw in science fiction cinema an impossibility? Did the editors of this book fail to notice that science fiction movies do not deal with any of our current world international legal institutions or rules? Or are we in an alternate universe where publishers give free rein to authors to write without following