'International Law in a Transcivilizational World': An Intimate Account of International Law

Japanese Yearbook of International Law (Forthcoming)

7 Pages Posted: 17 Apr 2018

See all articles by Bruno Simma

Bruno Simma

International Court of Justice

Daniel Litwin

European University Institute (EUI)

Date Written: March 26, 2018

Abstract

In the introduction to 'International Law in a Transcivilizational World', in the span of its very first sentence, Professor Yasuaki Ōnuma observes that the treatise is ‘written by an Asian international lawyer and published in the early twenty-first century’. With these words, Ōnuma openly lays out and places emphasis on the situation of the author. This simple act of cognition — pointing to the existence of the author, his identity, and time-period, although Ōnuma later notes the influence of other personal characteristics — is an acknowledgment that the exercise of preparing a treatise or textbook reflects a selection that is not free from cultural, social, and historical perspectives of those undertaking the observation. Raising the curtain on the presence of the author provides Ōnuma’s treatise with a measure of intimacy that has more to do with the essay than the textbook, an effect enhanced by the sparse footnoting throughout the volume. As argued in this review, this approach unsettles the veneer of alleged neutrality and universality common to the genre of the textbook, leaving room for a reflection on how the particularities of the author’s framework and perspective shapes his account of international law. This degree of reflexivity, where the place of the author is recognized in the production of writings is particularly pressing when, as Ōnuma explains, most treatises or textbooks of international law published by major publishers are written by international lawyers in Western Europe and the US.

Suggested Citation

Simma, Bruno and Litwin, Daniel, 'International Law in a Transcivilizational World': An Intimate Account of International Law (March 26, 2018). Japanese Yearbook of International Law (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3150032 or http://dx.doi.org/10.2139/ssrn.3150032

Bruno Simma

International Court of Justice ( email )

Carnegieplein 2
The Hague, 2517 KJ
Netherlands

Daniel Litwin (Contact Author)

European University Institute (EUI) ( email )

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