Hope and history : the spirit of time in international law

Abstract

International lawyers and legal historians have recently started a promising dialogue in investigating international legal history and theory. So far, however, most studies have examined developments in the field from a fragmented, brief, and narrow perspective. As an alternative to this narrow perspective, this Article proposes a different approach—a comprehensive, long-term, and broad perspective to the study of the history of international law that eminent historian Fernand Braudel (1902–1985) calls the longue durée. The Article sets out to examine whether it may be possible to transplant the wide view from the historical field to international law. It then discusses the promises and pitfalls of introducing the long-term perspective to the field of international law. The Article highlights how adopting a wide, interdisciplinary, and long-term perspective to studying international law can help international lawyers step out of their comfort zone to better understand the history and theory of international law. By taking a comprehensive view of the past, international legal historians can spot and explain longterm patterns and trends that would not otherwise be detected. It could be particularly appropriate to illuminate the origins and evolution of legal norms, the establishment of international institutions, and the evolution of international legal processes; that is, how international law operates in practice and develops through time. Gaining a wider perspective in investigating the field thus allows international lawyers to consider seemingly intractable problems from new angles and perspectives and see solutions to those issues.