Foreword

Foreword

Description

This volume is based on an intriguing premise, reflecting a similar approach to that adopted in some other ‘Leading Works’ volumes, which is that a promising way to reflect on the field of international law and on the development of international law scholarship is to ask a number of prominent academics in the field to consider and discuss one or more major works, its origin and its influence on the field over time, as well as on the work of the authors themselves. In this particular volume, the editor has asked the various contributors to focus on one of their own major works, rendering the autobiographical dimension of the reflections all the more interesting for the reader. Following this approach, Donna Lyons has assembled and introduced an impressive line-up of prominent academics from various fields of international law and from various parts of the world and different scholarly traditions and perspectives to provide their reflections. The range of work discussed includes field-defining contributions from scholars such as James Crawford (completed by Freya Baetens, following his untimely death) on the creation of states, Eyal Benvenisti on the law of occupation, and Muthucumaraswamy Sornarajah on international investment law. It covers contributions to international legal scholarship by iconic critical authors Martti Koskenniemi and David Kennedy (in conversation with each other other), as well as from Obiora Okafor on the imperialism of international law from a TWAIL perspective. The scholarly contributions on which the authors reflect include major works on human rights from political science scholars Beth Simmons and Kathryn Sikkink, thoughtful interventions from Martha Minow on accountability after mass atrocity, and from Fionnuala Ní Aoláin, Dina Francesca Hayes, and Naomi Cahn on gender in post-conflict processes. Oona Hathaway and Scott Shapiro discuss their work on the prohibition of the use of force from a historical perspective, while Larry Helfer looks back on his influential work on exiting treaties and its impact over time. It would be difficult for any volume to claim to represent much of, or even the most prominent contributions to, a field of scholarship as broad as that of international law, whether in its list of authors or in its subject matter. The breadth of the field is vast, the range of perspectives, approaches, and preoccupations is enormous and diverse, and the potential list of worthy scholars is dizzying. There will always be room for pointing to gaps, omissions, alternatives. Nevertheless, Donna Lyons has brought together some of the major and justly celebrated authors in prominent fields of international law, which make this volume an interesting, enjoyable, and educational read. A second question is whether the best way—or even a good way—to gain an understanding of the fields of international law scholarship and to assess the influence of different approaches or the impact of different scholars is to ask the authors themselves. It is not clear that we as academics are the best judges of our own work, or can clear-sightedly appraise the significance and impact or otherwise of our ideas and their exposition. On the other hand, there is already a multitude of conventional ways, including book reviews, debates, and scholarly responses, to give critics and interlocutors ample opportunity to challenge, criticise, and assess the scholarship of others. It is, however, relatively rare to hear a scholar reflect openly on their own work. We may occasionally hear what it was that prompted or inspired a piece of scholarship, or what the motivation for a given academic work was, but it is less usual to encounter authors publicly contemplating what their contribution to the field may have been and how their work has or has not been received. The autobiographical dimension of this particular collection—the ways in which the various scholars who have been invited to consider their own contributions to the field express their thoughts on this question—is interesting and original in its own right, and makes for a fascinating set of chapters. Not all of the authors have approached the task in the same way, which makes the book more interesting for the reader. Some have chosen to elaborate in more depth on what prompted their decision to write on a particular subject, who or what influenced them in that choice, and the questions they wrestled with as they wrote. Some have focused in more detail on the political and economic context in which the work was written, and what the author hoped to achieve by their academic intervention. Other authors have looked more closely at the range of critics and supporters of their ideas, at the initial reception of the work and its subsequent influence on other scholars as well as on elements of practice. Some of the authors reflect on whether their ideas have held up, and what changes the current context might suggest. There are fascinating autobiographical details that contextualise the work of producing scholarship and give additional colour and nuance to leading texts with which readers may be familiar. Ultimately, perhaps as much as or even more than learning about the meaning and contribution of these leading works of international law scholarship, what the reader gains from the chapters in this volume is a sense of learning more about the authors themselves, some glimpses of their psychology and character, their understanding of their role as scholars, practitioners and critics, and how they view the significance—or otherwise—of the field of international law.

Source Publication

Leading Works in International Law

Source Editors/Authors

Donna Lyons

Publication Date

2024

Foreword

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