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.
Williams, ‘Back from the USSR’, 37.
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Darryl Robinson, ‘Defining “Crimes Against Humanity” at the Rome
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Phyllis Hwang, ‘Defining Crimes Against Humanity in the Rome
the Klingons in Star Trek: Discovery (Bryan Fuller and Alex Kurtzman, USA, 2017–present) (season 1, episode 2, 2017)).
62 See e.g. Francis Lyall and Paul B. Larsen , Space Law: A Treatise (London: Routledge, 2nd edn, 2018 ) 505–7 (on the concept of ‘metalaw’, a natural law system conceived for the purpose of governing interactions between human beings and intelligent extra-terrestrial life); Robert Kolb, TheoryofInternationalLaw (Oxford: Hart Publishing, 2016) 61 (on ‘inter-celestial international law’) and Haroldo Valladão, ‘Droit
Strupp , Elements du droit international public ( Rousseau & Co 1927 ); T Lawrence, The Principles of International Law (5th edn, Macmillan, 1910); John Westlake, International Law (Cambridge University Press 1904) 14; D Anzilotti , Scritti di diritto internazionale pubblico ( Cedan Padova , 1956–7 ) 1 , 38 , 95 ff; GI Tunkin , TheoryofInternationalLaw ( Harvard University Press 1974 ) 124 ; C Chaumont , ‘ Cours général de droit international public ’ ( 1970 ) 129 Collected Courses 333 , 440 ; for an attempt to modernise the
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For Bluntschli’s contribution and views see
Koskenniemi, The Gentle Civilizer of Nations , 40, 42–7.
49 For liberalism thinking, see e.g. A Moravcsik , ‘ Taking Preferences Seriously: A Liberal Theory of International Politics ’ ( 1997 ) 51 International Organization 549 ; F Hoffman, F Hoffman, and A Oxford, ‘International Legalism and International Politics’, The Oxford Handbook of the TheoryofInternationalLaw (2016); J Ruggie , ‘ International Regimes, Transactions, and Change: Embedded Liberalism in the Postwar Economic Order ’ ( 1982 ) 36 International Organization 379 .
50 The concept of ‘audience cost’ is originally developed by
involvement with the Nazis. Already his early writings ‘fused resentment against the Versailles Diktat with calls for solidarity among those oppressed by the “West”’. 91 Berber searched for an argumentative strategy to undermine the obligations that the country grudgingly accepted at Versailles. In this revisionist enterprise, his and Borchard’s interests certainly met.
In 1934 Berber presented a theoryofinternationallaw as politics that was in many aspects quite similar to Borchard’s ideas, which he cited approvingly. Berber argued that the study of international law
39 N. Luhmann, Law as a Social System, trans. K. A. Ziegert (Oxford and
New York: Oxford University Press, 2004), 292–93.
40 H. Kelsen, “Hauptprobleme der Staatsrechtslehre” , in Werke, vol. 2, ed.
Matthias Jestaedt (Tübingen: Mohr Siebeck, 2008), 352, put it bluntly: “No
law without courts.”
41 K. Marx, Capital: A Critique of Political Economy, vol. 1 , trans. S.
Moore and E. Aveling (Mineola: Dover, 2011), 259; C. Miéville, Between
Equal Rights: A Marxist TheoryofInternationalLaw (Leiden and Boston,