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SUMMARY:CANCELLED IN SYMPATHY WITH STRIKE Nationality\, Alienage and Early
  International Rights - León Castellanos Jankiewicz
DTSTART:20180314T171500Z
DTEND:20180314T183000Z
UID:TALK94195@talks.cam.ac.uk
CONTACT:44502
DESCRIPTION:The paper argues that private international law\, as it was de
 veloped and applied in the late nineteenth century\, resulted in the creat
 ion of international standards of equal treatment that were later enshrine
 d in international human rights law. In doing so\, it studies the normativ
 e\, disciplinary and jurisdictional interactions occurring between public 
 and private international law during the Victorian era regarding individua
 l rights. The study also accounts for the important distinction between in
 tra-European relations and the legal devices used by Western imperialist s
 tates in their interactions with extra-European entities. \nDevelopments i
 n the treatment of non-nationals during the nineteenth century provide val
 uable insights into the origins of human rights because they inaugurate th
 e debates about the desirability of common standards of treatment for indi
 viduals and groups. Following the Napoleonic Civil Code\, many Western Eur
 opean states recognized the rights of aliens based on reciprocity and comi
 ty to guarantee the analogous rights for their citizens abroad. However\, 
 reciprocity allowed for too differentiated a treatment of foreign national
 s\, and the need for transnational standards was voiced by Foelix in Franc
 e\, Savigny in Germany\, and Mancini in Italy. By the 1850s the underlying
  logic of reciprocity was viewed with apprehension\, and attempts were mad
 e to replace it with immutable\, 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 r
 eading of international rights that accounts for the fluid boundaries betw
 een private and public law over time. Since no single treaty defined a com
 mon standard of treatment for aliens before modern human rights\, both dis
 ciplines responded by developing the standard of equality between citizens
  and foreigners to ensure legal predictability in an increasingly interdep
 endent world.\n\nABOUT THE SPEAKER: Dr Jankiewicz is a Max Weber Fellow at
  the European University Institute\, Florence.\n\nABOUT THE SEMINAR: The L
 egal Histories beyond the State series is an initiative of the Lauterpacht
  Centre for International Law\, the Centre for History and Economics\, and
  the Cambridge Centre for Political Thought. It brings together historians
 \, political theorists and lawyers who are interested in the social\, econ
 omic and political dimensions of law in the early modern and modern period
 s. We focus on the ways in which law and legal institutions order and orga
 nize space and people. This encompasses both imperial and international la
 w\, and domestic public and private law in its manifold influences on the 
 nature and form of relations across borders. We are interested in legal ac
 tors and institutions\, both national and supranational\; doctrines and co
 ncepts\, like jurisdiction\; and also diverse forms of legal border-crossi
 ng\, including the migration of people\, ideas and objects across time and
  place. Embracing new trends in legal and historical research\, we pursue 
 the exchange of legal ideas in formal and informal contexts\, and the crea
 tion\, appropriation and interpretation of law by non-traditional actors\,
  and in 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-progress\, whether draft articles\, chapters or book prospectuses\, wit
 h a core group of scholars from a variety of disciplines.\n\nAll are welco
 me.
LOCATION:Lauterpacht Centre for International Law\, 5 Cranmer Rd
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