The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances

The Institut de Droit International (IDI) and the International Law Association (ILA) have bequeathed complex and contradictory legacies to the Americas. This essay explores both the resonances and the dissonances that the formation of the IDI, and to a lesser extent, the ILA, had in the institution...

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Main Author: Juan Pablo Scarfi
Format: Article
Language:English
Published: Cambridge University Press 2023-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772323000375/type/journal_article
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author Juan Pablo Scarfi
author_facet Juan Pablo Scarfi
author_sort Juan Pablo Scarfi
collection DOAJ
description The Institut de Droit International (IDI) and the International Law Association (ILA) have bequeathed complex and contradictory legacies to the Americas. This essay explores both the resonances and the dissonances that the formation of the IDI, and to a lesser extent, the ILA, had in the institutionalization of the modern discipline of international law in the Americas. On the one hand, the IDI's establishment as an elite Eurocentric organization with a missionary imperial approach to the promotion and reform of international law, generated resonances across the Americas, inspiring the creation of the American Institute of International Law (AIIL). On the other hand, the AIIL emerged as a reaction to the IDI, insofar as the former promoted juridical values based on the idea of American international law and a distinctive sense of U.S. and continental legal exceptionalism. The essay argues that the institutionalization of international law in the Americas was both inspired by the Eurocentric imperial and elitist legal approach promoted by the IDI, and the desire to forge a distinctive Western Hemispheric counterpart: a continental American international law.
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spelling doaj.art-04b706f711be4dffa8098de83730093f2023-09-11T01:02:03ZengCambridge University PressAJIL Unbound2398-77232023-01-0111722623010.1017/aju.2023.37The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and DissonancesJuan Pablo Scarfi0Assistant Professor of International Relations, The Catholic University of Chile, Santiago, Chile.The Institut de Droit International (IDI) and the International Law Association (ILA) have bequeathed complex and contradictory legacies to the Americas. This essay explores both the resonances and the dissonances that the formation of the IDI, and to a lesser extent, the ILA, had in the institutionalization of the modern discipline of international law in the Americas. On the one hand, the IDI's establishment as an elite Eurocentric organization with a missionary imperial approach to the promotion and reform of international law, generated resonances across the Americas, inspiring the creation of the American Institute of International Law (AIIL). On the other hand, the AIIL emerged as a reaction to the IDI, insofar as the former promoted juridical values based on the idea of American international law and a distinctive sense of U.S. and continental legal exceptionalism. The essay argues that the institutionalization of international law in the Americas was both inspired by the Eurocentric imperial and elitist legal approach promoted by the IDI, and the desire to forge a distinctive Western Hemispheric counterpart: a continental American international law.https://www.cambridge.org/core/product/identifier/S2398772323000375/type/journal_article
spellingShingle Juan Pablo Scarfi
The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
AJIL Unbound
title The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
title_full The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
title_fullStr The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
title_full_unstemmed The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
title_short The IDI, The ILA, and their Impact on the Institutionalization of International Law in the Americas: Resonances and Dissonances
title_sort idi the ila and their impact on the institutionalization of international law in the americas resonances and dissonances
url https://www.cambridge.org/core/product/identifier/S2398772323000375/type/journal_article
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