Abstract

http://ssrn.com/abstract=965517
 


 



Yom Kippur in Hell


Ed Morgan


University of Toronto - Faculty of Law

February 26, 2007

Hebrew University International Law Research Paper No. 3-07
PROGRESS IN INTERNATIONAL LAW, Russell Miller and Rebecca Bratspies, eds., Martinus Nijhoff Press, 2008

Abstract:     
This essay explores the idea, or rather the mirage, of progress in international law. It does so by examining a specific case study from the Cold War era: the conflict resolution efforts of the Security Council in the aftermath of the 1973 Arab-Israeli war. It is contended that the paralysis that characterized the central peacemaking institution at this point in its history is not unique to the specific moment in time. Rather, the historic case study demonstrates that instances of international law's "progress", as scholars are prone to think of such significant institutional and doctrinal events, are more akin to markers along the meandering route of an empty vessel.

In terms of methodology, this essay traces a parallel between the themes of international law and the short stories of Yiddish writer I.L. Peretz. In particular, the essay uses as a parable Peretz' short story "Yom Kippur in Hell", in which a cantor who chants with a beautiful voice, but who is substantively lacking in devotion, is condemned. It is the theory of the essay that the futility of salvation through empty prayer neatly parallels the futility of progress through empty doctrine, as exhibited by international law.

Number of Pages in PDF File: 16

Keywords: war, aggression, self-defense, Arab-Israeli conflict, Security Council, Resolution 242, Resolution 338, United Nations Charter, article 2(4), literature

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Date posted: February 26, 2007 ; Last revised: November 13, 2009

Suggested Citation

Morgan, Ed, Yom Kippur in Hell (February 26, 2007). Hebrew University International Law Research Paper No. 3-07; PROGRESS IN INTERNATIONAL LAW, Russell Miller and Rebecca Bratspies, eds., Martinus Nijhoff Press, 2008. Available at SSRN: http://ssrn.com/abstract=965517

Contact Information

Ed Morgan (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
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