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Part front matter for Part Two Transnational Legal Philosophy
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Published:December 2011
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The field of public international law has forever been marked by a high degree of contestation, aspiration, and ambivalence. Heralded by some as the beacon of hope for a peaceful world,1 it is dismissed by others as ideological and powerless.2 Such tensions have made the field the subject of frequent, heated disputes over the role of law in a largely unruly world. Time and again, these quarrels have highlighted the intricate connections between international and national legal issues. Legal problems arising on the international plane are rightly perceived as very often having directly tangible consequences on the national level. In fact, such short-circuiting of the international and national levels should be understood as part and parcel of international legal thought, as presciently elaborated by Philip Jessup in his famous Storrs Lectures at Yale Law School.3
The German Law Journal’s (Journal’s or GLJ’s) foray into this dimension of public international law was jump-started, as it were, by the September 11, 2001, terrorist attacks in the United States, when the editors decided to make use of the newly available Internet platform—the Journal had launched its website only three months prior—to reach out to its fast-growing global readership with a call for papers. That call for submissions, addressing “Law and Politics after September 11,” received an enthusiastic response and led to the publication, just weeks after that disastrous day, of the first symposium anywhere of scholarly papers on this world-historic event.4 It was followed by a special issue in the fall of 2002 reflecting on the development of international law one year after the attacks, and after governments around the world had begun to enact far-reaching “antiterrorism” legislation.5 That effort in turn inspired a subsequent symposium in 2003 that drew on the scholarship presented at the German Law Journal’s first international conference, which was held at the Max Planck Institute (MPI) for Comparative Public Law and Public International Law in Heidelberg. The conference was convened in response to Robert Kagan’s polemic essay entitled, “Power and Weakness”6 (which was later republished as a tract entitled Of Paradise and Power) and resulted in a series of papers on the future of transatlantic relations and unilateral international action.7 In 2004, spurred by a short paper authored by the Italian legal philosopher Giorgio Agamben, in which Agamben scrutinized the curtailment of civil liberties under the umbrella of the “war against terror,”8 the German Law Journal published the comprehensive symposium entitled “Post 9/11-Developments Concerning Civil Liberties Around the World.” This symposium brought together scholars and practitioners from around the world and achieved,9 according to the Journal’s site-visit and download statistics, the highest visibility of any previous issue.
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