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Grotian Moments, Vol. 2: Introduction

In: Grotiana
Authors:
Tom SparksMax Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany, sparks@mpil.de

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Mark SomosMax Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany, somos@mpil.de

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We are delighted to present the second set of contributions on Grotian Moments, a term of art that stands for rapid crystallisations of customary international law.

Together with the previous Special Issue,1 which contained nine papers, these twin volumes were the result of Zoom workshops and sustained collaboration under the shadow of the Covid pandemic and, more recently, Russia’s invasion of Ukraine. Some of our authors for this Special Issue are personally affected by the war in Ukraine, and had to delay or withdraw their submissions. We do not yet know how these events will shape customary international law, but there is little doubt that unprecedented moments arise and matter, and some of them crystallise or at least slouch towards crystallising law.

The seven papers in this dossier add insights from particular fields of international law—environmental law, statehood, self-determination, anti- corruption, data-surveillance, peace and security, and the law of international organisations—to those of the first Special Issue. In so doing, they discuss the relationship between incrementalism and innovation (see e.g. Brunnée), the time element in the formation of customary norms (see e.g. Gasbarri, Sparks), and the role of particularly influential actors in shaping the development of the law (see e.g. Österdahl, Sterio), among other themes.

Together, these two volumes increase both the precision and the richness of valid variety in our understanding of how such moments arise and function, and how they may best be used in diagnosing and creatively using rapid developments in international law. We are grateful to the authors and to the diligence and care of the peer-reviewers, as well as to the Max Planck Institute for Comparative Public Law and International Law, Grotiana, and the Deutsche Forschungsgemeinschaft, for generously supporting our efforts to put these volumes together.

1

Dossier on Grotian Moments, Grotiana 42 (2021) 179–370.

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