The Oxford Handbook of THE THEORY OF INTERNATIONAL LAW The Oxford Handbook of THE THEORY OF INTER NATIONAL LAW Edited by ANNE ORFORD  and FLORIAN HOFFMANN  with MARTIN CLARK 1 1 Great Clarendon Street, Oxford, ox2 6dp, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © The several contributors 2016 The moral rights of the authors have been asserted First Edition published in 2016 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. 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In memory of Hendrik Meyeringh (1946– 2012) and William Orford (1930– 2015) Acknowledgements The publication of this Handbook would not have been possible without many people and their institutional backers who contributed to this project. In the first place, thanks are due to Oxford University Press and the editors who commissioned and accompanied this Handbook, namely John Louth, Merel Alstein, and Emma Endean. We are grateful to our assistant (student) editors who undertook painstaking copy- editing and proofing work: from Melbourne Law School Kasia Pawlikowski and Anna Saunders, and from the Willy Brandt School Ana Andrun, Thomas Crenshaw, Nripdeep Kaur, Raphael Zimmermann Robiatti, Heidi Ross, and Karen Simbulan. We also thank Hamish Robertson- Orford who carefully prepared the Notes on Contributors at very short notice. Our heartfelt thanks go to the Handbook’s Assistant Editor, Martin Clark, who is currently completing an MPhil at Melbourne Law School and soon to begin doc- toral studies at the London School of Economics. Martin has made an outstanding contribution to the editing of this Handbook, copy- editing and critically engaging with all of the essays, carrying out his responsibilities with efficiency, intellectual curiosity, humour, and diplomacy, and overseeing the work of the student editors with care and generosity. We held two authors’ workshops in Amsterdam and Melbourne to discuss draft chapters, and are very grateful to the sponsors of those workshops: in Amsterdam, Vrije Universiteit Amsterdam (thanks to the support of Wouter Werner and Geoff Gordon), the European Society of International Law, Oxford University Press, and Melbourne Law School; and in Melbourne, the Institute for International Law and the Humanities (thanks to the support of Dianne Otto), the Sydney Centre for International Law (thanks to the support of Fleur Johns), and Melbourne Law School. We gratefully acknowledge the funding for editorial assistance on this pro- ject provided by an Australian Research Council Discovery Grant (Project ID: DP0770640). We owe a debt to both of our families, who have patiently supported our work on this project over the past few years, from shifting home bases in Melbourne, Lund, Erfurt, and Rio de Janeiro. viii acknowledgements Finally, we thank all the contributors for their commitment to this project and the creativity they brought to their scholarship. It has been a privilege and a pleasure to work with these chapters and their authors. Anne Orford and Florian Hoffmann Melbourne & Rio de Janeiro, August 2015 Contents Table of Cases  xv Table of Legislation  xxi Notes on Contributors  xxix Introduction: Theorizing International Law  1 Anne Orford and Florian Hoffmann PART I HISTORIES  1. Theorizing the Turn to History in International Law  21 Matthew Craven 2. Roman Law and the Intellectual History of International Law  38 Randall Lesaffer 3. Transformations of Natural Law: Germany 1648– 1815  59 Martti Koskenniemi 4. Hugo Grotius: The Making of a Founding Father of International Law  82 Martine Julia van Ittersum 5. The Critique of Classical Thought during the Interwar Period: Vattel and Van Vollenhoven  101 Emmanuelle Tourme-J ouannet 6. The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory  123 Umut Özsu 7. China in the Age of the World Picture  138 Teemu Ruskola