History and self-reflection in the teaching of international law

Jones, Henry E.; O’Donoghue, Aoife

doi:10.1093/lril/lrac008

Cited by 8 publications

(6 citation statements)

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“…85 This leads some scholars to assert that law is less an academic than a professional discipline. 86 International criminal law, more than most other branches of law, confirms this claim: in the early years of its creation as its own sub-discipline of international law, the study of international criminal law almost exclusively produced knowledge that was of relevance to the practice of criminal courts. 87 The reason for this one-sided knowledge production is found in the discipline's past.…”

Section: Law: An Academic or Professional Discipline?mentioning

confidence: 94%

The Disciplinary Identity of International Criminal Law: Balancing Between Positivism and Multidisciplinarity

Lingaas

2023

Orbeliani Law Review

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This essay discusses how the character and nature of international criminal law influence the way it is studied. By providing a historical review of its intellectual origins, it shows why international criminal law's disciplinary identity remains under the influence of positivistic principles. In going beyond international criminal law, this essay also critically discusses why some hold a multidisciplinary analysis of international law in contempt and exposes the challenges of placing legal scholarship in distinct categories by labelling legal academics as positivists, doctrinalists, practice-oriented, policy-driven, or as multidisciplinarians. This piece will describe how international criminal law is being studied, how scholarship developed, and whether the value of the research lies in its relevance for the practice before international criminal courts. In discussing the pitfalls of pure doctrinal or multidisciplinary research, it weaves together theoretical considerations beyond the traditional positivistic paradigm with a plea to study international criminal law under different sensibilities and disciplinary protocols.

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Section: Law: An Academic or Professional Discipline?mentioning

confidence: 94%

The Disciplinary Identity of International Criminal Law: Balancing Between Positivism and Multidisciplinarity

Lingaas

2023

Orbeliani Law Review

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“…The application of multimedia teaching means not only helps criminal law teaching to make a breakthrough in teaching content, but also effectively innovates the teaching means, teaching methods and teaching modes of criminal law teaching. As shown in Figure 1, as far as the innovation of multimedia teaching means in teaching mode is concerned, multimedia teaching has changed the traditional relationship between "teaching" and "learning", and the equal interactive relationship between teachers and students has been strengthened [5][6]. For students, students need to give full play to their initiative consciousness, take the initiative to obtain superior teaching resources suitable for them through multimedia courseware or platform, and then make their own learning get twice the result with half the effort; For teachers, teachers need to actively introduce new teaching forms such as mixed teaching, interactive teaching and flip classroom teaching to make the classroom teaching of criminal law more vivid, vivid and effective.…”

Section: Software Platform Simulation Teaching Methods In the Teachin...mentioning

confidence: 99%

Using software platform to simulate the application of case teaching method of "party role substitution" in law teaching

Wen,

Wang,

Sun

2023

Atlantis Highlights in Computer Sciences

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This article aims to explore the importance of using software platforms for simulation teaching in the context of technological innovation, and point out that this new teaching model can fully leverage the advantages of multimedia technology, enhance the modernization level and diversified characteristics of education. Through a survey questionnaire, we understand students' preferences for simulation training teaching methods, and analyze that the practical, interesting, and participatory characteristics of simulation training teaching methods are important reasons why students choose this method. Furthermore, this article proposes that with the in-depth application and expansion of simulation teaching methods in law teaching, the practical attributes of law teaching will be greatly improved, thereby changing the traditional law teaching mode. In other words, simulation teaching methods have brought new development directions to law teaching, increased practical content, enhanced students' interest and participation, and had a positive impact on traditional law teaching models.

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“…Grotius-propounded mare liberum was accepted in Europe only after the European powers could see the benefits of freedom of navigation and enhanced trade towards the Industrial Revolution, only to be prone to abuses by mighty nations at the expense of the weaker ones (Anand, 1981;Van Ittersum, 2021). It can be argued that since the 18th century, there has been a shift in the jurisprudence of international law from natural law to positivism, which sought to justify European colonialism (Hueck, 2001;Jones & O'Donoghue, 2022). Since then, the history of modern international law had centred around the "imagination" by international law lawyers of Europe and how its nation states (and Empires) were formed (Tarazona, 2015).…”

Section: Does Islamic International Law Provide a Middle Ground?mentioning

confidence: 99%

China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

Ahamat

Basir

Aziz

et al. 2023

Journal of International Studies

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The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet.

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History and self-reflection in the teaching of international law

Cited by 8 publications

References 0 publications

The Disciplinary Identity of International Criminal Law: Balancing Between Positivism and Multidisciplinarity

The Disciplinary Identity of International Criminal Law: Balancing Between Positivism and Multidisciplinarity

Using software platform to simulate the application of case teaching method of "party role substitution" in law teaching

China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

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