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SUMMARY:Nationality\, Alienage and Early International Rights - León Cast
 ellanos Jankiewicz
DTSTART:20180509T161500Z
DTEND:20180509T173000Z
UID:TALK105010@talks.cam.ac.uk
CONTACT:44502
DESCRIPTION:**For a copy of the paper (available one week in advance)\, or
  to join the seminar mailing list\, please contact md718**\n\nThe paper ar
 gues that private international law\, as it was developed and applied in t
 he late nineteenth century\, resulted in the creation of international sta
 ndards of equal treatment that were later enshrined in international human
  rights law. In doing so\, it studies the normative\, disciplinary and jur
 isdictional interactions occurring between public and private internationa
 l law during the Victorian era regarding individual rights. The study also
  accounts for the important distinction between intra-European relations a
 nd the legal devices used by Western imperialist states in their interacti
 ons with extra-European entities. Developments in the treatment of non-nat
 ionals during the nineteenth century provide valuable insights into the or
 igins of human rights because they inaugurate the debates about the desira
 bility of common standards of treatment for individuals and groups. Follow
 ing the Napoleonic Civil Code\, many Western European states recognized th
 e rights of aliens based on reciprocity and comity to guarantee the analog
 ous rights for their citizens abroad. However\, reciprocity allowed for to
 o differentiated a treatment of foreign nationals\, and the need for trans
 national standards was voiced by Foelix in France\, Savigny in Germany\, a
 nd Mancini in Italy. By the 1850s the underlying logic of reciprocity was 
 viewed with apprehension\, and attempts were made to replace it with immut
 able\, transnational rights. Paradoxically\, the rise of minimum standards
  of treatment in Europe prompted the rise of the unequal treaties with non
 -European territories.\n\nThe paper provides a reading of international ri
 ghts that accounts for the fluid boundaries between private and public law
  over time. Since no single treaty defined a common standard of treatment 
 for aliens before modern human rights\, both disciplines responded by deve
 loping the standard of equality between citizens and foreigners to ensure 
 legal predictability in an increasingly interdependent world.\n\nABOUT THE
  SPEAKER : Dr Jankiewicz is a Max Weber Fellow at the European University 
 Institute\, Florence.\n\nABOUT THE SEMINAR : The seminar will proceed on t
 he basis that participants have read the paper in advance. \n\nThe Legal H
 istories beyond the State series is an initiative of the Lauterpacht Centr
 e for International Law\, the Centre for History and Economics\, and the C
 ambridge Centre for Political Thought. It brings together historians\, pol
 itical theorists and lawyers who are interested in the social\, economic a
 nd political dimensions of law in the early modern and modern periods. We 
 focus on the ways in which law and legal institutions order and organize s
 pace and people. This encompasses both imperial and international law\, an
 d domestic public and private law in its manifold influences on the nature
  and form of relations across borders. We are interested in legal actors a
 nd institutions\, both national and supranational\; doctrines and concepts
 \, like jurisdiction\; and also diverse forms of legal border-crossing\, i
 ncluding the migration of people\, ideas and objects across time and place
 . Embracing new trends in legal and historical research\, we pursue the ex
 change of legal ideas in formal and informal contexts\, and the creation\,
  appropriation and interpretation of law by non-traditional actors\, and i
 n unexpected places.\n\nSome sessions will be devoted to discussion of new
 \, published work in the field\, and others to the sharing of works-in-pro
 gress\, whether draft articles\, chapters or book prospectuses\, with a co
 re group of scholars from a variety of disciplines.\n\nAll are welcome.
LOCATION:Lauterpacht Centre for International Law\, 5 Cranmer Rd
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