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.
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.
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
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
The present volume is a timely addition to the vast (and still growing) literature on customary internationallaw. In 2018 the United Nations InternationalLaw Commission adopted, on second and final reading, a set of sixteen conclusions (with commentaries) on identification of customary internationallaw, thus bringing to completion a six-year study of the topic. 1 Throughout that time, the question whether, and if so how, the practice of international (intergovernmental) organizations may contribute to the formation and identification of customary
The InternationalLaw Commission’s work on the identification of customary internationallaw raised the question whether actors other than States may play a role in the formation or expression of customary internationallaw. Beyond international organisations whose contribution to the formation of customary internationallaw is covered in detail in the Special Rapporteur’s third report, the role of ‘other non-State actors’ such as non-governmental organisations and even individuals was only briefly invoked by the Special Rapporteur. Indeed, scholar works
International lawmaking is no longer a privilege exclusively reserved for States. As mentioned by the InternationalLaw Commission in its Conclusion 13(1) on the Identification of Customary InternationalLaw in 2018, decisions of international tribunals serve as a subsidiary means for the ascertainment of rules of customary internationallaw. 1 That said, in light of the principle non ultra petita , the real contributors appear to be the claimants who raise discussions for customary internationallaw determination before a tribunal, which then decides only
The book explores the relationship between violence against women on one hand,
and the rights to health and reproductive health on the other. It argues that
violation of the right to health is a consequence of violence, and that (state)
health policies might be a cause of – or create the conditions for – violence
against women. It significantly contributes to feminist and international human
rights legal scholarship by conceptualising a new ground-breaking idea, violence
against women’s health (VAWH), using the Hippocratic paradigm as the backbone of
the analysis. The two dimensions of violence at the core of the book – the
horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’
dimension – are investigated through around 70 decisions of domestic, regional
and international judicial or quasi-judicial bodies (the anamnesis). The concept
of VAWH, drawn from the anamnesis, enriches the traditional concept of violence
against women with a human rights-based approach to autonomy and a reflection on
the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised
in the book allows the reconceptualisation of states’ obligations in an
innovative way, by identifying for both dimensions obligations of result, due
diligence obligations, and obligations to progressively take steps (treatment).
The book eventually asks whether it is not international law itself that is the
ultimate cause of VAWH (prognosis).