Periodic Reporting for period 1 - LONintLAW (The League of Nations and the development of international law: from promotion strategies to giving shape to international legal instruments)
Okres sprawozdawczy: 2021-08-01 do 2023-07-31
In an increasingly globalized world facing existential challenges to the welfare of mankind, the ability of states and international organizations to make common agreements is crucial. During the last 150 years, the legal techniques and the shape of international agreements have developed from the conventions of technical unions in the 19th century, to the multilateral treaties and codification of international law of the League of Nations to the quasi-constitutional legal order of the European Union. Nevertheless, despite the fundamental importance of these developments to international organizations and international law, historians have yet to systematically explore its history.
This project has produced an original archive-based historical account of how the first universal organization, the League of Nations, contributed to the development of international law by forging various diplomatic strategies to convince member states to strengthen and develop international law through the codification of international customary law. The project has also analyzed how the League developed legal techniques to draft multilateral legal agreements which still prevail today, and defined the concrete legal shape that they would take.
This project has produced an original archive-based historical account of how the first universal organization, the League of Nations, contributed to the development of international law by forging various diplomatic strategies to convince member states to strengthen and develop international law through the codification of international customary law. The project has also analyzed how the League developed legal techniques to draft multilateral legal agreements which still prevail today, and defined the concrete legal shape that they would take.
The project has crafted a tailor-made methodology to analyze how the League of Nations sought to contribute to the juridification of international relations by codifying international law. It consists of a unique combination of macro- and microlevel analysis: on the macro-level, the approach has encompassed a transnational examination of the incentives of both the studied international organization and its leading member states when it came to developing international law, through the exploration of their respective public archives. Throughout the course of the project, several key public archive collections were explored. Foremost among these was the extensive archive of the League of Nations, boasting a vast repository of over fourteen million digitized documents, including a multitude of files related to the codification project. In addition to the League of Nations' archives, our research has leaned upon the publicly accessible archives of France, Germany, and Britain, particularly focusing on documents from their respective Foreign Ministries.
At the micro-level of our analysis, we have placed a magnifying glass on the pivotal role played by key individuals in the League of Nations' efforts to promote and shape international legal instruments. Two prominent figures have emerged as central actors in this project. Manley O. Hudson and Arthur Sweetser, both from the United States, served as crucial intermediaries between Washington and Geneva, facilitating communication and collaboration. Delving into their private archives has proven instrumental in gaining profound insights into their roles in persuading the League to undertake the codification project and understanding their motivations. Their personal networks and relationships with national decision-makers have emerged as fundamental factors in deciphering the diplomatic dimensions of the League's promotion of international law. By combining this biographical analysis with relevant theoretical concepts from the sociology of law, the new insights of the project allowed to explore how jurists adeptly navigate between various international and national roles to exert influence on legal developments, both within and outside the League.
At the micro-level of our analysis, we have placed a magnifying glass on the pivotal role played by key individuals in the League of Nations' efforts to promote and shape international legal instruments. Two prominent figures have emerged as central actors in this project. Manley O. Hudson and Arthur Sweetser, both from the United States, served as crucial intermediaries between Washington and Geneva, facilitating communication and collaboration. Delving into their private archives has proven instrumental in gaining profound insights into their roles in persuading the League to undertake the codification project and understanding their motivations. Their personal networks and relationships with national decision-makers have emerged as fundamental factors in deciphering the diplomatic dimensions of the League's promotion of international law. By combining this biographical analysis with relevant theoretical concepts from the sociology of law, the new insights of the project allowed to explore how jurists adeptly navigate between various international and national roles to exert influence on legal developments, both within and outside the League.
Through its archive based approach, this project represents a pioneering effort in unveiling a comprehensive account of the League of Nations’ ambitious undertaking to codify international law. For the first time, we have meticulously pieced together the intricate context, high-stakes considerations, key actors, covert discussions, and underlying incentives that drove this initiative.
These outcomes collectively contribute to a better and more nuanced understanding of the historical evolution of international law during the interwar period, and offer invaluable insights into the crucial roles played by key actors within international organizations during this transformative period. Moreover, our work provides a reference point for scholars and practitioners who grapple with the complex challenges of contemporary international relations. It enriches our collective knowledge of the past while offering critical lessons and insights that can guide and inform the endeavors of global governance in the modern age.
These outcomes collectively contribute to a better and more nuanced understanding of the historical evolution of international law during the interwar period, and offer invaluable insights into the crucial roles played by key actors within international organizations during this transformative period. Moreover, our work provides a reference point for scholars and practitioners who grapple with the complex challenges of contemporary international relations. It enriches our collective knowledge of the past while offering critical lessons and insights that can guide and inform the endeavors of global governance in the modern age.