The hidden history of international law

in the Americas : empire and legal

networks 1st Edition Scarfi
Visit to download the full and correct content document:
https://textbookfull.com/product/the-hidden-history-of-international-law-in-the-america
s-empire-and-legal-networks-1st-edition-scarfi/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...

Boundaries of the International Law and Empire Jennifer

Pitts

https://textbookfull.com/product/boundaries-of-the-international-
law-and-empire-jennifer-pitts/

System, Order, and International Law: The Early History

of International Legal Thought from Machiavelli to
Hegel 1st Edition Stefan Kadelbach

https://textbookfull.com/product/system-order-and-international-
law-the-early-history-of-international-legal-thought-from-
machiavelli-to-hegel-1st-edition-stefan-kadelbach/

Legalist empire : international law and American

foreign relations in the early twentieth century 1st
Edition Coates

https://textbookfull.com/product/legalist-empire-international-
law-and-american-foreign-relations-in-the-early-twentieth-
century-1st-edition-coates/

Irresolvable norm conflicts in international law : the

concept of a legal dilemma First Edition Valentin
Jeutner

https://textbookfull.com/product/irresolvable-norm-conflicts-in-
international-law-the-concept-of-a-legal-dilemma-first-edition-
valentin-jeutner/
Vagueness in the Law: Philosophical and Legal
Perspectives 1st Edition Geert Keil

https://textbookfull.com/product/vagueness-in-the-law-
philosophical-and-legal-perspectives-1st-edition-geert-keil/

The Eastern International: Arabs, Central Asians, and

Jews in the Soviet Union's Anticolonial Empire (Oxford
Studies in International History) 1st Edition Masha
Kirasirova
https://textbookfull.com/product/the-eastern-international-arabs-
central-asians-and-jews-in-the-soviet-unions-anticolonial-empire-
oxford-studies-in-international-history-1st-edition-masha-
kirasirova/

Kelsenian Legal Science and the Nature of Law 1st

Edition Peter Langford

https://textbookfull.com/product/kelsenian-legal-science-and-the-
nature-of-law-1st-edition-peter-langford/

Women in Intelligence The Hidden History of Two World

Wars 1st Edition Helen Fry

https://textbookfull.com/product/women-in-intelligence-the-
hidden-history-of-two-world-wars-1st-edition-helen-fry/

A Cultural History of Money in the Age of Empire 1st

Edition Federico Neiburg

https://textbookfull.com/product/a-cultural-history-of-money-in-
the-age-of-empire-1st-edition-federico-neiburg/
1
i

T H E H I S TO RY A N D T H E O RY
O F I N T E R N AT I O N A L L AW

The Hidden History of International Law

in the Americas
ii

T H E H I S TO RY A N D T H E O RY
O F I N T E R N AT I O N A L L AW
General Editors
N E H A L B H U TA
Professor of Public International Law, European University Institute
A N T H O N Y PA G D E N
Distinguished Professor, University of California Los Angeles
B E N J A M I N S T R AU M A N N
Alberico Gentili Senior Fellow, New York University School of Law

In the past few decades the understanding of the relationship between nations
has undergone a radical transformation. The role of the traditional nation-​
state is diminishing, along with many of the traditional vocabularies which
were once used to describe what has been called, ever since Jeremy Bentham
coined the phrase in 1780, ‘international law’. The older boundaries between
states are growing ever more fluid, new conceptions and new languages have
emerged which are slowly coming to replace the image of a world of sovereign
independent nation states which has dominated the study of international
relations since the early nineteenth century. This redefinition of the international
arena demands a new understanding of classical and contemporary questions
in international and legal theory. It is the editors’ conviction that the best
way to achieve this is by bridging the traditional divide between international
legal theory, intellectual history, and legal and political history. The aim of
the series, therefore, is to provide a forum for historical studies, from classical
antiquity to the twenty-​first century, that are theoretically-​informed and for
philosophical work that is historically conscious, in the hope that a new vision
of the rapidly evolving international world, its past and its possible future,
may emerge.
iii

The Hidden History

of International Law
in the Americas
Empire and Legal Networks

J U A N PA B L O S C A R F I

1
iv

1
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
trademark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America.

© Oxford University Press 2017

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 license, or under terms agreed with the
appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of
the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form

and you must impose this same condition on any acquirer.

Library of Congress Cataloging-​in-​Publication Data

Names: Scarfi, Juan Pablo, 1979- author.
Title: The hidden history of international law in the Americas : empire and
legal networks / Juan Pablo Scarfi.
Description: New York : Oxford University Press, 2017. | Includes bibliographical
references and index.
Identifiers: LCCN 2016041171 | ISBN 9780190622343 ((hardback) : alk. paper)
Subjects: LCSH: International law—America—History. | International law—
United States—History. | Law—America—Foreign influences. |
American Institute of International Law—History.
Classification: LCC KZ1242 .S375 2017 | DDC 341.097—dc23 LC record available at
https://lccn.loc.gov/2016041171

1 3 5 7 9 8 6 4 2

Printed by Sheridan Books, Inc., United States of America

Note to Readers
This publication is designed to provide accurate and authoritative information in regard to the subject
matter covered. It is based upon sources believed to be accurate and reliable and is intended to be current as
of the time it was written. It is sold with the understanding that the publisher is not engaged in rendering
legal, accounting, or other professional services. If legal advice or other expert assistance is required, the
services of a competent professional person should be sought. Also, to confirm that the information has
not been affected or changed by recent developments, traditional legal research techniques should be used,
including checking primary sources where appropriate.

(Based on the Declaration of Principles jointly adopted by a Committee of the

American Bar Association and a Committee of Publishers and Associations.)

You may order this or any other Oxford University Press publication
by visiting the Oxford University Press website at www.oup.com.
v

Dedicated to the memory of my uncle, Fernando María Scarfi

(November 9, 1954–​December 23, 1996)
vi
vii

Contents

Acknowledgments  xi
Introduction: Hemispheric Legal Networks and Languages in the Americas  xvii
1. American International Law, Scott, Alvarez, and the American
Institute of International Law  xxii
2. Empire and the History of International Law  xxvi
3. The Imperial and Cultural Turns in US–​Latin American
Relations: Toward a Hemispheric Intellectual and Comparative
Perspective of the Americas  xxx
4. Outline of the Chapters  xxxv
Abbreviations  xxxvii

1. Toward a Pan-​American Legal Order: The Rise of US Hemispheric

Hegemony and Elihu Root’s Visit to South America  1
1. From US Interventionism to Pan-​Americanism  4
2. The Rise of International Law in the United States: Root and the
American Peace Movement  15
3. Root’s Encounter with South America  19

2. Forging and Consolidating a Hemispheric Legal Network: The

Creation of the American Institute of International Law and the
Encounter between James Brown Scott and Alejandro Alvarez  31
1. The Creation of the Carnegie Endowment for International Peace
and the American Institute of International Law  34
2. The Resonances of Root’s Approach: Bacon’s Tour of South America  41
3. The Institutionalization of the American Institute of International
Law and Its First Two Meetings  47

3. The Pan-​American Redefinition of the Monroe Doctrine and the

Emerging Language of American International Law  59
1. The Monroe Doctrine, Pan-​Americanism, and the ABC Countries  63
2. Contending Conceptions of Intervention: Luis María Drago and
Theodore Roosevelt  69
3. Toward a Pan-​American Monroe Doctrine: Alejandro Alvarez, Elihu
Root, Baltasar Brum, and Charles Evans Hughes  74
viii

viii Contents
4. International Organization and Hegemony: The Codification of
American International Law and the Tensions between James Brown
Scott and Alejandro Alvarez  87
1. The New Quest for International Organization in the Americas after
the First World War and the Initial Projects Advanced by Alejandro
Alvarez for Codification 91
2. Combating Anti-​Yankee Ideology: The Reorganization of the
American Institute of International Law and the Consolidation
of US Strategic Alliances in Cuba 98
3. Contending Approaches to Codification at the Rio de Janeiro
Commission: Between US-​led Pragmatic Elitism and Pan-​American
Idealistic Multilateralism 106

5. The Debate over Intervention at Havana and the Crisis of the

American Institute of International Law: James Brown Scott’s
Displacement of Alejandro Alvarez  119
1. International Law and Real Politics: From Codification to the
Debate over Intervention 121
2. International Legal Optimism in Times of Crisis: US Utopian Plans
for a Civilizing Center of American International Law in Cuba
and the Final Displacement of Alejandro Alvarez 131
3. The Decline of the American Institute of International Law and
the Rise of Inter-​American Multilateralism: The Anti-​War Treaty
of Saavedra Lamas 137

6. From Pan-​Americanism to Multilateral Inter-​Americanism: The

Impact of the Anti-​War Treaty, the Principle of Nonintervention,
and Sovereign Equality at Montevideo, and the Dissolution of the
American Institute of International Law  147
1. The Anti-​War Treaty, the Codification of American International
Law, and the Principles of Nonintervention and State Independence
and Autonomy at Montevideo (1933) 150
2. Redefining Pan-​Americanism and Rejecting the Monroe
Doctrine: From US-​led Pan-​Americanism to the Institutionalization
of Inter-​American Multilateralism and Sovereign Equality 160
3. The Last Years of Life of the American Institute of International Law
and the Decline of Pan-​Americanism 168

Conclusion: From US Hemispheric to Global Hegemony: Assessing the

Legacy of American International Law and the American Institute of
International Law in the Americas  175
1. Hemispheric Legal Networks and US Hegemony 175
ix

Contents ix

2. From Pan-​Americanism to Globalism and from American

International Law to Inter-​American Human Rights 179
3. Toward a Hemispheric Intellectual History of International Law in
the Americas and US–​Latin American Relations 190

Appendix A: “Constitution of the American Institute of International

Law (1913)” 193
Appendix B: American Institute of International Law, “Declaration of
Rights and Duties of Nations (1915)” 197
Appendix C: Platt Amendment (1901) 199
Bibliography 201
Index 229
x
xi

Acknowledgments

Over the past seven years, a number of people have helped me in various ways to
develop this research project, which began as a doctoral dissertation, approved in
2014, and adapted now in the format of a book. I would like to start by saying
that my supervisor, Charles Jones, has been exceptionally supportive of my PhD
research project since it was first loosely formulated when I was about to apply for
a PhD at Cambridge. While at Cambridge, I was pleased to soon discover that we
shared similar interests. His interdisciplinary research and approach to the his-
tory and theory of international relations, as well as his intellectual guidance and
meticulous feedback, have been fundamental for the development and writing of
this book. Meeting Duncan Bell at Cambridge and the encounter with his work on
British and U.S. international political thought and liberalism and empire has been
an important stimulus for writing this book. I am particularly grateful to him, for
he offered very insightful and generous feedback on my dissertation and work, and
he also provided helpful orientation and advice for turning the dissertation into a
book following my viva and approaching publishers. I am also especially grateful to
my examiners, Stephen Neff and John A. Thompson, who have offered insightful
feedback in the context of the viva, especially with regard to turning the disserta-
tion into a book. In particular, some specific observations and the discussion with
Stephen Neff provided inspiration for the title of this book. I am also thankful to
my book reviewers, who have helped me to refine and clarify my arguments, as well
as to improve the overall structure and style of the book so that it could lose the
character and prose of a doctoral dissertation.
I am thankful to a series of scholars who offered very helpful comments on one
or more chapters of the book: Duncan Bell, Paula Bruno, Alejandro Chethman,
Olivier Compagnon, Par Engstrom, Michael Goebel, Adrián Gorelik, Martín
Hevia, Joel Isaac, José Moya, Roger O’Keefe, Pablo Ortemberg, Mark Petersen,
Ori Preuss, Margaret Power, Katharina Rietzler, Ricardo Salvatore, Carsten
Schultz, María Inés Tato, Juan Gabriel Tokatlián, Stephen Wertheim, and Eduardo
Zimmermann.
I cannot think of a better place in the United Kingdom and in the whole aca-
demic world than the University of Cambridge for pursuing an interdisciplinary
research project like my own, which was really at the intersection between different
fields, such as the history and theory of international law, international relations
in the Americas, political thought, and intellectual history and global history. The
university as a whole and the Department of Politics and International Studies
(POLIS) and the Centre of Latin American Studies (CLAS) provided a very stimu-
lating environment for pursuing interdisciplinary research. Furthermore, a num-
ber of scholars at Cambridge, particularly Charles Jones, Duncan Bell, and Tarak
Barkawi, were especially stimulating and inspiring in that they encouraged me to
develop this type of approach. Looking back to this experience today, this was very
xii

xii Acknowledgments
unusual for common standards in current academic life, because there is a great deal
of resistance and suspicion in practice about the value of interdisciplinary work. In
spite of this resistance, I have become more recently proud and confident of defin-
ing myself as an interdisciplinary scholar.
While at Cambridge, POLIS and CLAS offered a great and warm academic,
human, and social atmosphere for my doctoral research. I have benefited from
many conversations with my fellow colleagues from POLIS. I am grateful to Helen
Coskeran, Nicole Janz, Sebastian Herbstreuth, Or Rosenboim, Salvatore Finamore,
Salamat Tabbasum, Andrés Villar-​Gertner, Hubertus Jürgenliemk, Mark Fliegauf,
Patrik Meyer, Philippe Dufort, and Teale Phelps Bondaroff. I am also thankful to
Jonathan Agensky and Banu Turnaoglu, with both of whom I had the opportunity
to exchange ideas and parallel preoccupations. I was also able to exchange ideas on
many occasions and in diverse contexts with other colleagues and friends either
from CLAS or from colleagues who were conducting research about Latin American
issues and topics in the social sciences and humanities, including Andrew Tillman,
Stella Krepp, Catriona McAllister, Lucy Bell, Dan Carter, Grace Livingstone,
Nicolás Fleet, Mara Polgovsky, Chandra Morrison, Ed King, and Joey Whitfield.
Throughout my doctoral studies, I also benefited from conversations and
exchange of ideas with a number of friends, colleagues, and senior and early career
scholars based in the United Kingdom, the United States, and Argentina. My for-
mer M.A. supervisor, Ricardo Salvatore, provided some important bibliographi-
cal suggestions at key moments, and I also benefited from all the conversations
we maintained over the years, especially during most of my visits to Argentina,
about the nature of US hegemony in Latin America in the early twentieth century.
While at Cambridge, I had the chance to meet Katharina Rietzler. I have benefited
from many conversations, exchanges of ideas, and references, and she made impor-
tant suggestions on useful ways for structuring my book. I had also the chance
to exchange ideas and learn from Par Engstrom’s research on the inter-​American
human rights system. I am also indebted to my colleagues Carsten Schulz and Mark
Petersen, who shared their research in progress and ideas with me in a series of con-
versations we maintained in Oxford, Cambridge, and Buenos Aires. I am thankful
to Teresa Davis for the series of conversations we have maintained in the past two
years about Latin American international law and the international legal history
of the Americas. My Argentine academic friends, including Alejandro Avenburg,
Martín Bergel, Pablo Ortemberg, Paula Bruno, Leandro Losada, and Gisela Heffes,
and those who do not belong to the academic world, such as Santiago Garrido Rua
and Joaquín Cambre, offered very helpful suggestions at key moments and pro-
vided inspiration for writing this book. I am also grateful to Adriana Massidda, my
former partner, who offered emotional and scholarly support all through the long
process of the elaboration of my doctoral dissertation. Her company and support
has been encouraging during this experience that we faced together, moving from
Buenos Aires to Cambridge, where we both started our postgraduate studies.
I had the chance to get an invitation as a Visiting Scholar at the Institute of Latin
American Studies (ILAS), Columbia University, in New York City in 2011, which
allowed me to undertake archival research in its Manuscript Library, and to consult
xiii

Acknowledgments xiii

the Carnegie Endowment for International Peace Records. I am grateful to John

H. Coatsworth, now Provost of Columbia University, who made that visit possible
and who kindly offered relevant and valuable suggestions about my research pro-
ject. I am also thankful to the Centre of Latin American Studies (CLAS) and the
Society of Latin American Studies, UK, which offered financial assistance for my
visit to the United States. I am grateful to Jennifer Comins, who gently guided me
through the Carnegie Records at Columbia. While at Columbia, I had the oppor-
tunity to meet José Moya, the Director of ILAS, who was especially encouraging
and supportive during my visit. He made a series of very helpful suggestions about
my research project and provided relevant guidance about libraries, archives, and
primary sources in New York. I also had the chance to present a working progress of
one of my chapters there, and Moya made very interesting and insightful comments
on one chapter in the context of a talk I gave at Columbia. I also had the opportu-
nity to benefit from the comments of Olivier Compagnon in the context of my talk.
In Columbia, I had the chance to meet scholars in the History and Political Science
departments, discuss my research project with them, and benefit from their sugges-
tions. These include: Samuel Moyn, who kindly gave me a copy of the important
dissertation of Benjamin Coates on US international law and foreign policy and
made some important bibliographical suggestions on the history of international
human rights; Pablo Pinto, who kindly introduced me to some international rela-
tions scholars; Robert Jervis, who made valuable bibliographical suggestions; Mark
Mazower; and Pablo Piccato. Finally, I also had the opportunity of discussing my
work and exchanging ideas with Stephen Wertheim, from whose doctoral research
on US internationalism I have benefited. While in New York, I was also able to
meet Greg Grandin and had the opportunity to discuss my work in progress with
him, and he also introduced me to some of his doctoral students.
While in the United States, I was also able to undertake archival research at
Georgetown University Library. I would like to thank very especially Ralph
Nurnberger, who hosted me during my stay in Washington, D.C., and introduced
me to the librarians there and particularly to the James Brown Scott Papers, on
which he had based his doctoral research back in the early 1970s.
In 2015, I was also a Visiting Research Fellow at the University College London
(UCL), Institute of the Americas. While at UCL, I began to revise my disserta-
tion and prepared a book proposal. I had also the chance to present some of the
doctoral research in a workshop I organized myself. I am particularly grateful to
Paulo Drinot, Maxine Molyneux, Par Engstrom, Tanya Harmer, Alejandra Irigoin,
Natalia Sobrevilla, Nicola Miller, Thomas Rath, Thomas Maier, and Juan Grigera.
In particular, Paulo Drinot was especially supportive during my visit and pro-
vided helpful advice when I was turning my doctoral dissertation into a book and
approaching publishers.
I am grateful to some scholars and academic institutions that hosted me and pro-
vided academic and institutional support in the context of my return to Argentina
in 2015. First, I am thankful to Juan Gabriel Tokatlián and the Department of
Political Science and International Studies at Universidad Torcuato Di Tella for
their encouraging support, which allowed me to become a Research Associate at
xiv

xiv Acknowledgments
Consejo Nacional de Investigaciones Científicas y Técnicas (CONICET) based
there since July 2016. I am thankful to Juan Gabriel Tokatlián, who kindly accepted
to be my director at CONICET. Second, I am grateful to Adrián Gorelik, Carlos
Altamirano, and the Center for Intellectual History (CIH) at the Universidad
Nacional de Quilmes (UNQ), as well as all its members, especially Martín Bergel,
Gabriel Entín, Ximena Espeche, Dhan Zunino Singh, Ricardo Hernán Martínez
Mazzola, Elías Palti, Jorge Myers, and Anahí Ballent and for hosting me as a
Postdoctoral Researcher there from 2015 to June 2016. I had the chance to take
part in a series of stimulating academic activities, meetings, and discussions, in
most of which I continue to be involved, as well as to present some of the results
of my doctoral research at the internal seminar of the CIH, UNQ. Third, at the
Universidad de San Andrés (UdeSA) I was able to organize along with Eduardo
Zimmermann, Laura Cucchi, Ana Romero, and Lisa Uberlaker a research group
and workshop on US–​Argentine relations since 2015, which proved to be a very
successful initiative. I had the chance to present and discuss the results of my doc-
toral research there, and I also benefited from conversations with Federico Merke
and Eduardo Zimmermann at UdeSA. Fourth, I am thankful to Paula Bruno, Pablo
Ortemberg, and Melisa Deciancio for the conversations and discussions about the
history of international relations in the Americas that we have maintained over the
past two years in the context of a research project we all integrated. Finally, I am
also particularly grateful to Marcelo Saguier, who kindly invited and encouraged
me to join the new program in International Relations at the School of Politics and
Government at Universidad Nacional de San Martín (UNSAM), which is a very
stimulating project, and I am delighted to now be part of it. I have also benefited
from discussing some aspects of my book and research with Marcelo Saguier.
In the course of the last seven years, at various research seminars, conferences,
­congresses, workshops, and symposia, I presented some of my work in progress and
my ideas about the rise of international law in the Americas and the American Institute
of International Law, the legal and historical foundations of the Inter-​American
System, the relationship between international law and empire in the Americas, and
the international legal thought of James Brown Scott and Alejandro Alvarez. These
included research seminars and workshops at the University of Cambridge; the
University of Oxford; Columbia University; the UCL Institute of the Americas; Rice
University; Universidad de San Andrés; Law School, Universidad Torcuato Di Tella;
Universidad Nacional de Quilmes; Instituto Ravignani, Universidad de Buenos
Aires; as well as the 2014 Cambridge Graduate Conference on Political Thought
and Intellectual History, the POLIS PhD Conference also at Cambridge, the
International Studies Association (ISA), American Historical Association (AHA),
Sociedad Latinoamericana de Derecho Internacional (SLADI), Latin American
Studies Association (LASA), Society for Latin American Studies (SLAS), Asociación
de Historiadores Latinoamericanistas Europeos (AHILA), Postgraduates in Latin
American Studies (PILAS) Conferences, the International Congress of Americanists
held in Vienna in 2012, a Symposium on Latin America and the First World War
held in Mexico in 2014 and organized by Olivier Compagnon, Camille Foulard,
Guillemette Martin and Delphine Mercier, among other academic events.
xv

Acknowledgments xv

I would like to thank all the organizers of these events, and especially those
who have commented or given feedback on my papers and presentations in such
contexts. These include, among others: José Manuel Alvarez, David Armitage,
José Manuel Barreto, Duncan Bell, Martín Bergel, Paula Bruno, Lila Caimari,
Alejandro Chethman, Olivier Compagnon, Laura Cucchi, Teresa Davis, Melisa
Deciancio, Genevieve Dorais, Paulo Drinot, Juliette Dumont, John Dunn, Luis
Duno-​Gottberg, Par Engstrom, Gabriel Entín, Ximena Espeche, Louise Fawcett,
Norberto Ferreras, Thomas Fischer, Michael Goebel, Adrián Gorelik, Juan
Grigera, Tanya Harmer, Gisela Heffes, Martín Hevia, Roy Hora, Andrew Hurrell,
Daniel Iglesias, Alejandra Irigoin, Joel Isaac, Charles Jones, Edward Keene, Alan
Knight, Stella Krepp, David Lehmann, Ricardo Hernán Martínez Mazzola,
Christine Mathias, Nicola Miller, Maxine Molyneux, Leandro Morgenfeld,
Aaron Coy Moulton, José Moya, Jorge Myers, Jorge Nállim, Liliana Obregón,
Pablo Ortemberg, Elías Palti, Corinne Pernet, Mark Petersen, Eduardo Posada-​
Carbó, Margaret Power, Ori Preuss, Enrique Prieto Rios, Andrés Regalsky,
Katharina Rietzler, Romain Robinet, Joao Paulo Rodrigues, Darío Roldán, Ana
Romero, Ricardo Salvatore, Germán Sandoval, Carsten Schultz, David Sheinin,
Nicolas Shumway, Rosalie Sitman, Natalia Sobrevilla, María Inés Tato, Juan
Gabriel Tokatlián, Banu Turnaoglu, Lisa Uberlaker, Micah Wright, and Eduardo
Zimmermann.
Finally, I am especially grateful to David Armitage, who kindly encouraged me to
present this book manuscript for consideration to Oxford University Press (OUP)
and in particular to its Series on the History and Theory of International Law, since
it proved to be a very suitable publisher and also a very good series for my book.
I am also thankful to the editors at OUP, especially John Louth, Blake Ratcliff, and
Alden Domizio.
Last but not least, I am particularly grateful to my family, who supported me
in different ways all through my doctoral research at Cambridge and also when
I returned to Argentina in 2015. My mother and father, Laura D’Amato and Jorge
Scarfi, were able to buy some books for me and get some important bibliographi-
cal materials from my personal library and send them all from Buenos Aires to
Cambridge. I was able to share some of my academic and bibliographical concerns
with both of them. While I share my passion for books and reading with my father,
I share the concerns of the academic profession with my mother. Their encouraging
and disinterested support has been complementary. I would like to thank especially
my brother, Martín Scarfi, who always reminds me of the relevance of action and
of the performative dimension of academic and social life, as the professional and
successful actor he has become in recent years. I am also grateful to both my brother
and his wife, Paula Morguen, and also to their son, Camilo Scarfi, who, as a new
protagonist member of the family, has brought a new fresh joyfulness to my life and
the life of the family as a whole.
This book is dedicated to the memory of my uncle, Fernando Scarfi
(1954–​1996).
xvi
xxviii

xxviii Introduction
to what has been regarded as a “historiographical turn.”15 In the past two decades,
a similar “historiographical turn” has also taken shape in international relations, as
a number of scholars turned their attention to the history and foundations of the
discipline and the work of some of its classical and founding figures.16 The result
of these parallel and complementary scholarships has been the rise of a significant
body of historical studies of international thought, as well as international law and
international norms. The few studies that have explored the relationship between
US hegemony, the present foundations of international law, the origins of the US
legalist approach to international relations, and its contribution to contemporary
world politics,17 have focused primarily on international legal regimes, agreements,

15 Two pioneering examples of historical studies of international law and its civilizing and imperial
foundations are Martti Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International
Law, 1870–​1960 (Cambridge: Cambridge University Press, 2001); and Antony Anghie, Imperialism,
Sovereignty and the Making of International Law (Cambridge: Cambridge University Press, 2005). For
a historiographical overview and some representative contributions of the most recent literature on the
relationship between imperialism and international law, see also Luis Eslava, Liliana Obregón, and René
Urueña, eds., Imperialismo y derecho internacional (Bogotá: Siglo del Hombre Editores, Universidad de
los Andes, Pontificia Universidad Javeriana, 2016). For a recent substantive contribution to the history of
ideas about war in international law, see Stephen C. Neff, War and the Law of Nations: A General History
(Cambridge: Cambridge University Press, 2005). For a recent account of the civilizing mission underlying
the origins of the modern discipline of international law in the nineteenth century, see Liliana Obregón,
“The Civilized and the Uncivilized,” in The Oxford Handbook of the History of International Law, ed. Bardo
Fassbender and Anne Peters (Oxford: Oxford University Press, 2012), 917–​939. See also Casper Sylvest,
“‘Our Passion for Legality’: International Law and Imperialism in Late Nineteenth-​century Britain,”
Review of International Studies 34, no. 3 (2008): 403–​423. For an analysis of the historiographical turn
in international law, see Ignacio De la Rasilla del Moral, “A propósito del giro historiográfico en derecho
internacional,” in La idea de América en el pensamiento ius internacionalista del siglo XXI , ed. Yolanda
Gamarra Chopo (Zaragoza: Institución Fernando el Católico y Universidad de Zaragoza, 2010), 33–​
42. For a concise and insightful account of the history of international law, see Stephen C. Neff, “A
Short History of International Law,” in International Law, ed. Malcolm D. Evans (New York: Oxford
University Press, 2003), 31–​58. For a more detailed history of international law, see Neff, Justice among
Nations: A History of International Law (Cambridge, MA: Harvard University Press, 2014).
16 For examples of recent wide-​ranging disciplinary studies of the history of international rela-
tions, see Brian Schmidt, The Political Discourse of Anarchy: A Disciplinary History of International
Relations (Albany, NY: State University of New York Press, 1998); Tim Dunne, Inventing International
Society: A History of the English School (London: Macmillan, 1998); Edward Keene, Beyond the
Anarchical Society: Grotius, Colonialism and Order in World Politics (Cambridge: Cambridge University
Press, 2002); Jonathan Haslam, No Virtue Like Necessity: Realist Thought in International Relations since
Machiavelli (New Haven: Yale University Press, 2002); Chris Brown, Terry Nardin, and Nicholas
Rengger, eds., International Relations in Political Thought: Texts from the Ancient Greeks to the First
World War (Cambridge: Cambridge University Press, 2002). For recent studies devoted to classical
and foundational figures in international relations, see Charles Jones, E. H. Carr and International
Relations: A Duty to Lie (Cambridge: Cambridge University Press, 1998); Jonathan Haslam, The Vices of
Integrity: E. H. Carr, 1892–​1982 (London: Verso, 1999); Ian Hall, The International Thought of Martin
Wight (New York: Palgrave, 2006); Mihaela Neacsu, Hans J. Morgenthau’s Theory of International
Relations: Disenchantment and Re-​Enchantment (Basingstoke: Palgrave Macmillan, 2010); William
Hooker, Carl Schmitt’s International Thought: Order and Orientation (Cambridge: Cambridge
University Press, 2009); and Louiza Odysseos and Fabio Petito, eds., The International Political Thought
of Carl Schmitt: Terror, Liberal War and the Crisis of Global Order (London: Routledge, 2007). For two
pioneering analyses about the historical turn in international relations, see Duncan Bell, “International
Relations: The Dawn of a Historiographical Turn?,” British Journal of Politics and International Relations
3, no. 1 (2001): 115–​126; and David Armitage, “The Fifty Years’ Rift: Intellectual History and
International Relations,” Modern Intellectual History 1, no. 1 (2004): 97–​109.
17 See Michael Byers and Georg Nolte, eds., United States Hegemony and the Foundations of
International Law (Cambridge: Cambridge University Press, 2003); and Francis Anthony Boyle,
Another random document with
no related content on Scribd:
Peninsulars
penitent
penitentiary
Penn
penned
Penniless
PENNSYLVANIA
PENNY
Penrhyn
pens
Pension
pensionable
pensioned
pensioners
pensioning
PENSIONS
pentelic
peon
Peonage
PEONES
PEOPLE
peopled
peoples
Peoria
Pepke
Pepper
Pepperman
Pepy
per
Pera
peradventure
perceive
perceived
perceiving
percent
percentage
percentages
perceptibility
perceptible
perceptibly
perception
percha
Percy
perdition
perdu
Pereira
peremptorily
peremptoriness
Peremptory
Perez
perfect
perfected
perfecting
perfection
perfectly
perfidy
perforation
perforce
perform
performance
performances
performed
performing
performs
perfumes
perfunctorily
perfunctory
Pergamos
perhaps
Perier
Peril
perilous
perils
period
periodic
periodical
periodically
periodicals
periodicity
periods
peripheries
perish
perishable
perished
perishing
peritoneum
peritonitis
Perivolia
perjured
perjury
Perm
permanence
permanency
permanent
permanently
permeable
permeates
permeating
permissible
Permission
permissive
permit
permits
permitted
permitting
pernicious
Perouse
perpendicular
perpetrated
perpetrating
perpetrators
perpetual
perpetually
perpetuate
perpetuated
perpetuation
Perpetuationists
perpetuators
perpetuity
perplexing
perplexities
perplexity
PERRY
persecute
persecution
persecutions
perseverance
persevere
persevered
perseveringly
PERSIA
Persian
persist
persisted
persistence
persistency
persistent
persistently
persisting
person
personage
personages
personal
personality
Personally
personalty
personifications
personne
personnel
persons
perspective
persuade
persuaded
persuading
persuasion
persuasive
pertain
pertaining
pertains
Perth
pertinacious
pertinent
perturb
perturbation
Peru
perusal
perused
Peruvian
pervades
perversion
pervert
perverted
PESCADORES
peseta
pesetas
Peshawar
Peshawur
peso
pesos
pessimism
pessimistic
pest
PESTH
pestilence
pestilences
pestilent
pestilential
pet
Petar
Petcha
PETER
Peters
Petersburg
Pethick
Pethiek
Petit
Petition
petitioned
petitioners
petitions
Petrel
Petrie
Petriou
petroleum
Petrology
Petrozicky
pettiest
petty
Petuna
Petunê
peut
pewter
Peña
pf
Phaenician
phalanx
Pharaoh
Pharaohs
Pharisaic
pharmacists
Pharmacology
pharmacy
Pharsala
phase
phases
Phelps
phenakite
phenomena
phenomenal
phenomenon
Philadelphia
philanthropic
philanthropist
philanthropists
philanthropy
Philip
Philipp
Philippe
Philippine
Philippines
Philippino
Philips
Philipstown
Phillips
Philo
philologist
philosopher
philosophic
philosophical
philosophies
philosophy
Phineas
phlegmatic
Phocaeans
Phoenicia
Phoenician
Phoenicians
Phoenix
phonograph
Photiades
photograph
photographed
photographer
photographing
photographs
Photography
Phrabang
phrase
phrases
physical
physically
physician
physicians
physicist
physicists
physics
physiognomy
physiological
physiologist
Physiology
physique
PHŒNICIANS
Phœnician
pianist
Piazzi
Picard
Pichon
pick
pickax
picked
Pickersgill
picket
picking
picnic
Picquart
pictorial
picture
pictures
picturesque
piece
pieced
piecemeal
pieces
Piedras
pien
pier
pierced
pierces
Pierola
Pierre
piers
Piet
Pietersburg
Pietrus
piety
pig
pigeon
pigment
pigmy
pigs
pigtail
pigtails
Pike
pikes
Pilar
pile
piled
piles
Pileser
pilgrim
pilgrimage
pilgrimages
Pilgrims
piling
pill
Pillage
pillaged
PILLAGER
pillaging
pillar
pillars
pillows
Pillsbury
pilot
pin
Pinar
pinch
pinchbeck
Pinckney
Pincus
pine
Pines
ping
Pinney
Pinto
Pioneer
pioneers
pious
pipage
Pipe
pipes
piracies
piracy
pirates
Pistoia
pistol
piston
pit
Pitcairn
pitch
pitched
pitching
piteously
pith
Pithole
pitiable
pitiful
pitiless
Pitlogo
pits
Pitsani
Pitt
pittance
Pittsburg
Pittsburgh
pity
Pius
pivot
pivoted
pièce
placard
placarded
placards
placated
Place
placed
places
placing
PLAGUE
plain
plaine
plainer
Plaines
plainly
plains
plaintiff
plaintiffs
plaited
plan
plane
planet
plank
planless
planned
planning
plans
plant
plantations
planted
planter
planters
planting
plants
plasm
plastering
plastic
Plate
plateau
plateaux
plates
platform
Platforms
plating
platino
platinum
Platt
plausibility
Plausible
play
Playa
played
Playfair
playgrounds
playing
plays
plea
plead
pleaded
pleading
pleasant
please
pleased
pleases
pleasing
pleasure
pleasures
plebiscitary
plebiscite
plebs
pledge
pledged
Pledges
pledging
plenary
plenipotentiaries
Plenipotentiary
plenitude
plentiful
plenty
pliable
plied
plodding
plot
plots
plotters
plotting
plough
plow
plum
plumage
Plumer
plumes
plunder
plundered
plunderers
plundering
plunged
plungers
plunging
Plunkett
Plural
plurality
plus
plutocracy
Pluton
plying
PLYMOUTH
Plébiscite
pneumatic
pneumonia
Po
Pobedonostzeff
Pobiedonostzeff
Poblacion
pocket
pocketed
pockets
poems
poet
poetic
poetical
poetry
Poets
Point
pointed
pointedly
pointing
points
poison
poisoned
poisoning
poisonous
poked
POLAND
polar
Polare
Polaveja
Polavieja
pole
poles
Police
policeman
policemen
policies
Policy
Polillo
POLISH
polished
polite
politely
politeness
politic
political
politically
politician
Politicians
POLITICO
politics
polity
poll
polled
polling
Pollock
polls
polluted
polluting
polychromatic
polygamist
polygamous
polygamy
polygonal
polyphase
polyphased
polytechnic
pomp
Pompey
Ponce
ponchos
Pond
ponder
Pondoland
ponds
ponies
Ponson
Pont
Pontiff
Pontiffs
Pontifical
Pontificate
pony
pood
Pool
Poole
pooling
pools
Poona
Poor
poorer
poorest
poorly
Poort
POP
Pope
Popham
poppy
populace
Popular
popularity
popularly
populated
population
populations
Populist
populistic
Populists
populous
porch
Porcupine
Porfirio
Poro
porphyry
Porritt
PORT
portable
Portal
portant
Porte
portend
portentous
porter
porters
portfolio
portfolios
portion
portions
Portland
Porto
portrait
portraits
Ports
Portsmouth
PORTUGAL
Portuguese
posed
Posen
Poshan
position
positions
positive
positively
positiveness
Poso
possess
possessed
possesses
possessing
Possession
possessions
possessors
possibilities
possibility
possible
possibly
possumus
post
POSTAGE
Postal
posted
posterity
posters
posthumous
posting
postmaster
postmasters
postmasterships
postpone
postponed
postponement
Posts
postscript
posture
pot
potable
Potato
potatoes
Potchefstrom
Potchefstroom
potent
potentates
potential
potentiality
potentially
potently
pots
Potsdam
potted
potter
pottery
pouch
poultry
pounced
pound
pounder
pounders
pounding
pounds
pour
poured
pouring
pours
pouvoir
Poverty
powder
powdered
Powders
POWELL
Power
powerful
powerfully
powerless
Powers
pox
Pozo
Pozorrubio
practicability
practicable
practical
Practically
practice
practiced
practices
practicing
practise
practised
practising
practitioner
Pragmatic
Prague
prairie
praise
praised
praises
praiseworthy
praising
prandial
PRATT
Praxedes
pray
prayed
prayer