Fife , Rolf Einar --- "Creative forces and institution building in international law" [2019] ELECD 2554; in Ciampi, Annalisa (ed), "History and International Law" (Edward Elgar Publishing, 2019) 2

Book Title: History and International Law

Editor(s): Ciampi, Annalisa

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Creative forces and institution building in international law

Author(s): Fife , Rolf Einar

Number of pages: 20

Abstract/Description:

Taking the long view on three disparate moments in the history of international law, this chapter focuses on reception and creation of international legal norms, concepts or patterns of thought. Latin American and African states contributed decisively to stability of borders becoming a bedrock of international law. Soviet international lawyers evolved from outright rejection of the international legal system as a mere capitalist and imperialist tool to gradual adaptation to it, and to its utilization for policy purposes. A French international lawyer conceived the keystone of supranational organs in European integration. These three phenomena marked periods of deep consolidation or transformation in the history of international law. When reflecting on interactions between history and international law, due caution should be exerted to reduce dangers of anachronism or transposition of legal concepts out of their legal context. Legal terms must be interpreted in light of their function within their legal system.