Contingency in International Law
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Acknowledgements
The present volume builds on the conference Contingency in the Course of International Law: How International Law Could Have Been, which we held in Amsterdam in the summer of 2018 under the auspices of the Amsterdam Center for International Law (ACIL). It was a sparkling event exceeding our expectations in substance and form; in the depth of the exchange; in open curiosity and intellectual rigour; and in sheer interest and numbers.
We invited a few colleagues to the conference but wanted to seek out unfamiliar voices. About 140 scholars replied to our Call for Papers, and 60 presenters filled the conference. Fleur Johns opened the proceedings and Sam Moyn closed them. Both gave memorable keynote lectures that now, in revised versions, frame the present volume. We are truly grateful to all of the presenters and conference-participants for their engaged contributions and spirited exchanges, and to the contributors to the volume for their continued commitment, ongoing debate, and regular input.
Neither this volume nor the conference would have been possible without the financial and logistical support we received from ACIL and the Amsterdam Law School. Several colleagues were of particular assistance in bringing the conference to fruition, including ACILs administrative assistants Yvonne ter Horst and Kaan zdurak, as well as the helping hands of Teresa Cabrita, Corina Heri, Jackson Oldfield, and Wim Zimmermann. Kathryn Skinner was a superb student assistant during that time.
The volume would not have obtained its present shape had it not been for Bianca Dillons outstanding support in finalising it. She closely read and edited every chapter with exceptional diligence and dedication. We are further grateful to Brittany Feldman, who took over from Kathryn as a student assistant to work on the volume.
We wish to thank Merel Alstein from OUP, who attended the conference in 2018, for her kind support for the project from its beginning. And we are grateful to Jack McNichol for steering the volume towards production.
With deep gratitude to our interlocutors and all who have helped.
Ingo Venzke and Kevin Jon Heller
Amsterdam and Copenhagen, October 2020
Table of Contents
Ingo Venzke
Fleur Johns
Genevieve Renard Painter
Umut zsu
Justin Desautels-Stein
Janne E Nijman
Filipe dos Reis
Michele Tedeschini
Mohsen al Attar
Geoff Gordon
Frdric Mgret
Christopher Szabla
Alex Oude Elferink
Surabhi Ranganathan
Lucas Lixinski and Mats Ingulstad
Kathryn McNeilly
Silvia Steininger and Jochen von Bernstorff
Matthias Goldmann
Emma Stone Mackinnon
Bianca Maganza
Amanda Alexander
Nicholas Mulder and Boyd van Dijk
Kathryn Greenman
Sada El Boudouhi
Josef Ostansk
Kevin Crow
Michelle Staggs Kelsall
Edward Kolla
Ana Delic
Samuel Moyn
Mohsen al Attar, Dean of the Faculty of Law, University of the West Indies; Associate Professor, University of Warwick
Amanda Alexander, Lecturer, Australian Catholic University
Jochen von Bernstorff, Professor, University of Tbingen
Kevin Crow, Assistant Professor of International Law and Ethics, Asia School of Business; International Faculty Fellow, MIT
Ana Delic, PhD Researcher, Tilburg University
Justin Desautels-Stein, Associate Professor, University of Colorado
Filipe dos Reis, Assistant Professor, University of Groningen
Sada El Boudouhi, Professor of Law, Universit Polytechnique Hauts-de-France (Valenciennes)
Matthias Goldmann, Junior Professor, Goethe University Frankfurt; Senior Research Fellow, Max Planck Institute for Comparative Public Law and International Law
Geoff Gordon, Senior Researcher, T.M.C. Asser Instituut
Kathryn Greenman, Lecturer, University of Technology Sydney
Kevin Jon Heller, Professor of International Law and Security, Centre for Military Studies, University of Copenhagen; Professor of Law, Australian National University
Mats Ingulstad, Researcher, Norwegian University of Science and Technology
Fleur Johns, Professor, University of New South Wales
Michelle Staggs Kelsall, Lecturer, SOAS University of London
Edward Kolla, Associate Professor, Georgetown University
Lucas Lixinski, Associate Professor, University of New South Wales
Emma Stone Mackinnon, Lecturer, University of Cambridge
Bianca Maganza, PhD Candidate, Graduate Institute of International Development Studies (Geneva)
Kathryn McNeilly, Senior Lecturer, Queens University Belfast
Frdric Mgret, Professor, McGill University
Samuel Moyn, Professor, Yale University
Nicholas Mulder, Assistant Professor of Modern European History, Cornell University
Janne E Nijman, Professor, University of Amsterdam and the Graduate Institute of International Development Studies (Geneva); Academic Director, T.M.C. Asser Instituut
Josef Ostansk, Visiting Fellow, Australian National University; Associate Researcher, Geneva Center for International Dispute Settlement
Alex Oude Elferink, Netherlands Institute for the Law of the Sea (NILOS); Utrecht Centre for Oceans, Water and Sustainability Law, Utrecht University
Umut zsu, Associate Professor, Carleton University