Orakhelashvili, Alexander --- "The 19th-Century Life of International Law" [2011] ELECD 584; in Orakhelashvili, Alexander (ed), "Research Handbook on the Theory and History of International Law" (Edward Elgar Publishing, 2011)

Book Title: Research Handbook on the Theory and History of International Law

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443549

Section: Chapter 15

Section Title: The 19th-Century Life of International Law

Author(s): Orakhelashvili, Alexander

Number of pages: 15

Extract:

15 The 19th-century life of international law
Alexander Orakhelashvili


15.1 INTRODUCTION

The principal questions raised by the 19th-century framework of international law relate
to the understanding by States of the general essence and relevance of treaty obligations;
the relationship between treaty obligations and national interest, as particularly dis-
played in the example of continuous attempts and policies of great powers to acquire and
maintain spheres of influence; and the relationship between treaties and general interest,
that is the collective interest dimension in treaty-making.
The 19th-century life of international law had multiple faces. It witnessed strong trends
towards multilateralism and collective decision-making. Certain political, informal,
quasi-legal yet arguably semi-constitutional normative principles developed and gained
generally accepted character: the principle of the balance of power became universal-
ised and institutionalised; the mutual encounter of empires produced the doctrine of
spheres of influence. At the same time, this multilateralism served as yet another tool for
Realpolitik in terms of legitimising colonial acquisitions and spheres of influence.
The 19th century was also a period which impressed different writers differently, and
produced several mutually diverging doctrinal trends: the `naturalism' of Phillimore and
the `pragmatism' of Westlake and Hall, mirrored by the Euro-centrist doctrine bordering
on racism led by Lorimer and, last but not least, Lassa Oppenheim's positivism which
has proved its conceptual value for a long time since the end of the 19th century. While
Westlake, Hall and Lorimer are interesting only for a historical ...