International Law from a Nordic Perspective

Rather than emphasizing commonalities, contemporary Nordic scholars often convey a shared sense of discomfort pertaining to the very notion of a distinct “Nordic” approach to international law. We try to overcome this lack of unity by looking at the pheno

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ropean International Law Traditions

European International Law Traditions

Peter Hilpold Editor

European International Law Traditions

Editor Peter Hilpold Italian Law University of Innsbruck Innsbruck, Austria

ISBN 978-3-030-52027-4 ISBN 978-3-030-52028-1 https://doi.org/10.1007/978-3-030-52028-1

(eBook)

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG. The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface

As is well-known, Hersch Lauterpacht praised International Law as “the only branch of law containing identical rules administered as such by the courts of all nations”.1 In more recent times, David Kennedy voiced the opinion that International Law is “different in different places”.2 Many international lawyers might already intuitively state that there is truth in both propositions. And if that is the case, if we need on the one hand a common legal order but on the other hand we have to admit that there are different understandings and interpretations when these norms are applied, then it might be interesting to bring light into this conundrum. At the same time, if we accept that the common language of international law is based on a rich diversity of different national perspectives, such an investigation can unearth inspiring insights into the cultural wealth on which these different approaches are based. Confronted both with the German (Austrian) and the Roman (Italian) legal tradition from the very beginnings of my legal education, I noticed from an early stage on the many differences in the way International Law issues are addressed in different European countries. In the last years, in orde