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
Most of humanity shares two searing memories: the collapse of the World Trade Center on 11 September 2001; and a hooded man standing on a box with wires dangling from his outstretched hands. These images capture the painful truth that both sides in the so-called ‘war on terror’ have violated fundamental rules. But while non-state actors can violate internationallaw, only states are able to change the law, making their breaches of greater potential consequence. In this chapter, I consider how the recent actions of the United States
Advocates and opponents of humanitarian
From the 1860s onwards, internationallaw
became an academic discipline in its own right in Europe and the Americas, taught
separately from philosophy, natural law or civil law, and came to be written by
professional academics or theoretically inclined diplomats. 1 Until then what existed was the droit public de
l’Europe or ‘external public law’. Britain in particular
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
Law and conflicts over water in the Krishna River Basin
underwent radical transformation. Indeed, it is possible to argue
that the schisms internalized in the legal systems enabled new forms
of imperial relations to emerge after the old forms of political
This paper attempts to locate the role of law within
debates on the imperialist nature of world political economy after
internationallaw, through the UN Charter
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