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Contribution to Collected Edition

Introduction: The History and Theory of the Individual in International Law

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Peters,  Anne       
Max Planck Institute for Comparative Public Law and International Law, Max Planck Society;

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Citation

Peters, A., & Sparks, T. (2024). Introduction: The History and Theory of the Individual in International Law. In T. Sparks, & A. Peters (Eds.), The Individual in International Law: History and Theory (pp. 1-28). Oxford: Oxford University Press. doi:10.1093/oso/9780198898917.003.0001.


Cite as: https://hdl.handle.net/21.11116/0000-000F-B3AE-3
Abstract
The introductory chapter presents the thesis that international law is reorienting to centre the individual (the ‘humanisation’ of international law) and defines its key concepts for the purposes of the discussion to follow. It outlines the development of humanisation in the literature to date, and seeks to refine the scope and depth of humanisation through discussion of human rights, rights beyond human rights, international individual legal personality, and State sovereignty. It then outlines the major critiques of humanisation, including three ‘productive’ critiques: that humanisation is neoliberal; that it is neocolonial; and that it is anthropocentric. It highlights that many critiques of humanisation focus on its perceived lack of a historical and theoretical grounding, and demonstrates the need for a history and theory of the individual in international law. The chapter concludes by briefly outlining the structure of the volume.