The Role of International Tribunals in the Construction of Collective Memories

Proceedings of the Second Workshop on Sociological Inquiries into International Law (Munk School of Global Affairs, University of Toronto, 9-10 October 2015)

Proceedings of the Annual Conference of the European Society of International Law (Oslo, 10-12 September, 2015)

Hebrew University of Jerusalem Legal Research Paper No. 16-43

Hebrew University of Jerusalem International Law Forum Working Series 08-16

14 Pages Posted: 15 Nov 2016 Last revised: 1 Dec 2016

See all articles by Moshe Hirsch

Moshe Hirsch

Hebrew University of Jerusalem - Faculty of Law

Date Written: November 12, 2016

Abstract

Is it desirable for non-criminal international tribunals to be employed in constructing collective memories? This initial paper explores this question from three major sociological perspectives: the structural-functional approach, the symbolic-interactionist perspective, and the social conflict approach. These three theoretical approaches suggest different answers to the above question, and offer different guidelines concerning the involvement of international tribunals in the development of historical narratives. The answer provided to this question may generate some practical judicial results, such as those relating to the presentation of a historical narrative in judgements, exercise of discretion regarding the admissibility of the case, or influencing the remedies ordered by international tribunals.

Keywords: Sociology, International Law, Tribunals Culture, Collective Memory, Collective Narratives, International Economic Law, Human Rights

Suggested Citation

Hirsch, Moshe, The Role of International Tribunals in the Construction of Collective Memories (November 12, 2016). Proceedings of the Second Workshop on Sociological Inquiries into International Law (Munk School of Global Affairs, University of Toronto, 9-10 October 2015); Proceedings of the Annual Conference of the European Society of International Law (Oslo, 10-12 September, 2015); Hebrew University of Jerusalem Legal Research Paper No. 16-43; Hebrew University of Jerusalem International Law Forum Working Series 08-16. Available at SSRN: https://ssrn.com/abstract=2868416 or http://dx.doi.org/10.2139/ssrn.2868416

Moshe Hirsch (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Register to save articles to
your library

Register

Paper statistics

Downloads
124
Abstract Views
549
rank
224,723
PlumX Metrics