Anne Peters
Biographic Data
| ID | 3598538 |
|---|---|
| NAME | Anne Peters |
| GIVEN NAMES | Anne |
| FAMILY NAME | Peters |
| SIGNATURE | PETERS A |
| AFFILIATIONS | Max Planck Institute for Comparative Public Law and International Law |
| ORCID | 0000-0002-2779-0626 |
| VERIFIED | Yes |
| TOTAL WORKS | 55 |
| TOTAL CITATIONS | 92 |
| AUTHOR COUNT | 51 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 1996 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 5 |
The Cambridge History of International Law
Volume II of The Cambridge History of International Law breaks the mould of Eurocentric histories in the field by exploring international law in Asia from antiquity to decolonisation. Its twenty-six chapters span a vast geography, covering both the landmass and the oceans; offering accounts of statecraft and diplomacy, war and trade; marriage and gift-giving; treaty-making and dispute settlement; ideas of the human and 'the other'; and entangleme…
Viktor Bruns and the Orderly Order: Reflections on ‘Völkerrecht als Rechtsordnung’
Cambridge History of International Law: Volume 6, International Law in Early Modern Europe
Cambridge History of International Law: Volume 10, International Law at the Time of the League of Nations
The Russian invasion of Ukraine: An anti-constitutional moment in international law
The Russian invasion of Ukraine was the first open and blatant aggression against a sovereign neighbour state in Europe since 1945. Does this war have systemic significance for the legal order as a whole? The contribution singles out legal trends that relate to three fundamental principles of the current international legal order: peace, people (humanity), and the planet. My thesis is that, although Russia has breached a fundamental, even constit…
Emrk/Gg: Konkordanzkommentar zum europäischen und deutschen Grundrechtsschutz (3. Aufl.)
Die 3. Auflage des EMRK/GG Konkordanzkommentars erörtert in bewährter Form die Wechselwirkungen zwischen deutschem und europäischem Grundrechtsschutz. Auf der Grundlage der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte und des Bundesverfassungsgerichts werden die dogmatischen Grundfragen, die Einzelgewährleistungen und die Durchsetzungsmechanismen des europäischen und deutschen Grundrechtsschutzes einer vergleichenden Analyse un…
Animals in war: At the vanishing point of international humanitarian law
Animals are the unknown victims of armed conflict. They are regularly looted, slaughtered, bombed or starved on a massive scale during such hostilities. Their preservation should become a matter of great concern. However, international humanitarian law (IHL) largely ignores this issue. It only indirectly, and often ambiguously, provides animals with the minimum protection afforded to civilian objects, the environment, and specially protected obje…
Grundrechtsfunktionen jenseits des Staates
Wie entwickelt sich das Recht in Zukunft? Welches Recht findet der Jurist in der Zukunft vor? Welche Regelungsaufgaben sind absehbar und welche rechtlichen und methodischen Innovationen würden sie verlangen? Wie keine andere rechtliche Institution ermöglichen Grundrechte normative Lernprozesse. Die Aufsätze von Dieter Grimm (Hauptreferat) und Anne Peters (Kommentar) blicken deswegen auf die Errungenschaften von Grundrechten und auf ihre Zukunft j…
Die Pandemie und das Völkerrecht
The 4th edition of the first volume of this work provides an update of the commentary on the preamble and articles 1 to 19 in case law and literature. The structure of the book has been retained and its content supplemented by more recent developments, such as the implications of Europeanisation and digitalisation as well as the Corona pandemic. As of the 4th edition, Frauke Brosius-Gersdorf has taken over the editorship of the commentary.
Constitutional Theories of International Organisations: Beyond the West
The Joint Statement by the Foreign Ministers of China and Russia on Certain Aspects of Global Governance in Modern Conditions of 23 March 2021 calls for “the establishment of a fairer, more democratic and rational multipolar world order.” The paper inquires how constitutional theories of international organisations have in the past and present sought to contribute to world order. It identifies three waves of such theory since the 1960s. Looking i…
The American Law Institute’s Restatement of the Law: Bastion, Bridge and Behemoth
This article analyses the repercussions of restating foreign relations law for international law in the current constellation of backlash, or at least fatigue, with international law and global governance. Foreign relations law – consolidated, shaped and strengthened by the exercise of restating it – partly erects a bastion against international law and partly builds bridges between international law and domestic law. The foreign relations law of…
Politics and the Histories of International Law: An Introduction to the Special Issue
L'histoire n'est pas une religion. L'historien n'accepte aucun dogme, ne respecte aucun interdit, ne connat pas de tabous
Law and the Political Economy of Hunger
Studies in Global Animal Law
This open access volume on Global Animal Law lays some historical foundations in the ius naturae et gentium, examines various aspects of the traditional handling of animals as commodity in national and international law and suggests new legal concepts and protective strategies
Treaties, Unequal
Corruption as a Violation of International Human Rights
States perceived to be highly corrupt are at the same time those with a poor human rights record. International institutions have therefore assumed a negative feedback loop between both social harms. They deplore that corruption undermines the enjoyment of human rights and, concomitantly, employ human rights as a normative framework to denounce and combat corruption. But the human rights-based approach has been criticized as vague and over-reachi…
How Not to Do Things with International Law
In his recent book, Ian Hurd argues that international law is pervasive and foundational in international affairs and that the international rule of law is hegemonic over states. While the book is provocative and compelling, it fails to convince on two core points. First, Hurd does not offer a real alternative to international relations realism. Indeed, the book could unwittingly reinforce the realist stance that international law is simply power…
Rights of Human and Nonhuman Animals: Complementing the Universal Declaration of Human Rights
In May 2018, U.S. President Donald Trump spoke about illegal border crossings: "We have people coming into the country, or trying to come in ... . You wouldn't believe how bad these people are. These aren't people. These are animals." Such dehumanization (in this case of undocumented migrants at the U.S.-Mexico border) has been a standard discursive strategy to prepare, instigate, facilitate, and exculpate violence committed by humans against oth…
International Organizations and International Law
This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s…
Introduction to Symposium on Global Animal Law, Part II: The Case for Global Legal Animal Studies
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Foreign Relations Law and Global Constitutionalism
This essay draws upon the perspectives, concepts, and tools developed in the literature on global constitutionalism as support for “ normalizing ” foreign relations law—that is, presumptively subjecting foreign relations actions to the constitutional and other legal standards that apply to domestic actions
Introduction to Symposium on Global Animal Law (Part I): Animals Matter in International Law and International Law Matters for Animals
Animals 1 have long been objects of legal regulation, including as factors of production (living capital and labor), as food, as vermin, and as a part of sports and leisure activities. Against the background of intense use of animals by humans, an increasing number of states have adopted laws to protect animals from cruelty 2 or otherwise seek to regulate their situation. This regulation mostly distinguishes between animals along the lines of the…
Korruption und Menschenrechte
Der folgende Beitrag schlägt eine Verbindung von Antikorruptionsrecht und Menschenrechtsschutz vor. Zentral dafür ist die Einsicht, dass Korruption jeden einzelnen Bürger in seinen Rechten beeinträchtigt. Völkerrechtlich wirft der hier vorgeschlagene Perspektivwechsel interessante dogmatische und ethische Fragen auf. Institutionell sollte die Deutungshoheit künftig beim UN-Menschenrechtsrat liegen.
Fragmentation and Constitutionalization
This chapter discusses fragmentation and constitutionalization—which are understood to be two trends in the evolution of international law. ‘Fragmentation’ has a negative connotation, and is used as a pejorative term (rather than diversity, specialization, or pluralism). ‘Constitutionalization’, in contrast, feeds on the positive ring of the concept of constitution. Both constitutionalization and fragmentation are terms that describe not only leg…
Beyond Human Rights: The Legal Status of the Individual in International Law
A paradigm change is occurring, in the course of which human beings are becoming the primary international legal persons. In numerous areas of public international law, substantive rights and obligations of individuals arguably flow directly from international law. The novel legal status of humans in international law is now captured with a concept borrowed from constitutional doctrine: international rights of the person, as opposed to internatio…
Humanity as the A and of Sovereignty
The article argues that the principle of sovereignty is being ousted from its position as a Letztbegründung (first principle) of international law. This trend is welcome. Sovereignty must and can be justified. The normative value of sovereignty is derived from and geared towards humanity that is the legal principle that human rights, interests, needs, and security must be respected and promoted. State sovereignty is not merely limited by human ri…
Beyond Boom and Bust: External Rents, Durable Authoritarianism, and Institutional Adaptation in the Hashemite Kingdom of Jordan
Liberté, Égalité, Animalité: Human-Animal Comparisons in Law
This article problematizes the discrepancy between the wealth of international law serving human needs and rights and the international regulatory deficit concerning animal welfare and animal rights. It suggests that, in the face of scientific evidence, the legal human-animal boundary (as manifest notably in the denial of rights to animals) needs to be properly justified. Unmasking the (to some extent) 'imagined' nature of the human-animal bounda…
Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures
The article conceives international (or global) constitutionalism as a legal argument which recommends and strengthens efforts (legal and political) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international constitutionalism’ have in recent years served as buzzwords in various discourses, the many meanings of those concepts have not yet been fully explored and di…
Global Animal Law: What It Is and Why We Need It
The symposium collection in this issue ofTEL, consisting of four articles including this framing article, seeks to conceptualize and flesh out a new branch of law and legal research: global animal law. The starting hypothesis is that contemporary animal law must be global or transnational (that is, both transboundary and multilevel) in order to be effective. In times of globalization, all aspects of (commodified) human−animal interactions (from f…
Studies in Global Animal Law
This open access volume on Global Animal Law lays some historical foundations in the ius naturae et gentium, examines various aspects of the traditional handling of animals as commodity in national and international law and suggests new legal concepts and protective strategies
Comparative Law Beyond Post-Modernism
The legal version of post-modernism has not failed to challenge comparative law. It points out that, traditionally, comparatists have participated in a project of objectivity, universalism and neutrality of law, of which the “new” approach to comparative law is altogether sceptical. 1 In the era of globalisation, both the discipline and its critique have gained relevance. What the transition of post-socialist countries and the unification of Euro…
Corruption as a Violation of International Human Rights
States perceived to be highly corrupt are at the same time those with a poor human rights record. International institutions have therefore assumed a negative feedback loop between both social harms. They deplore that corruption undermines the enjoyment of human rights and, concomitantly, employ human rights as a normative framework to denounce and combat corruption. But the human rights-based approach has been criticized as vague and over-reachi…
International Dispute Settlement: A Network of Cooperational Duties
This article identifies various duties of cooperation both in political and legal settlement strategies. A general, customary law-based duty of cooperation with a view to settlement, comprising a duty to negotiate, is inherent in the obligation to settle disputes peacefully. On the other hand, a general ‘political exhaustion doctrine’ does not exist. In diplomatic third party-based settlement, we find specific, i.e. procedural, obligations of coo…
Animals in war: At the vanishing point of international humanitarian law
Animals are the unknown victims of armed conflict. They are regularly looted, slaughtered, bombed or starved on a massive scale during such hostilities. Their preservation should become a matter of great concern. However, international humanitarian law (IHL) largely ignores this issue. It only indirectly, and often ambiguously, provides animals with the minimum protection afforded to civilian objects, the environment, and specially protected obje…
How Not to Do Things with International Law
In his recent book, Ian Hurd argues that international law is pervasive and foundational in international affairs and that the international rule of law is hegemonic over states. While the book is provocative and compelling, it fails to convince on two core points. First, Hurd does not offer a real alternative to international relations realism. Indeed, the book could unwittingly reinforce the realist stance that international law is simply power…
Rights of Human and Nonhuman Animals: Complementing the Universal Declaration of Human Rights
In May 2018, U.S. President Donald Trump spoke about illegal border crossings: "We have people coming into the country, or trying to come in ... . You wouldn't believe how bad these people are. These aren't people. These are animals." Such dehumanization (in this case of undocumented migrants at the U.S.-Mexico border) has been a standard discursive strategy to prepare, instigate, facilitate, and exculpate violence committed by humans against oth…
Realizing Utopia as a Scholarly Endeavour
The article defends 'critical' or 'ideational' positivism and explains why and how it can be conducted successfully as legal scholarship. In order to accumulate replicable intersubjective knowledge, legal scholarship should focus less on concrete applications of law, but needs to generate theories in the sense of models that express the patterns of data in the field under observation as parsimoniously and concisely as possible, and thereby reduce…
Discovery, Conquest, and Occupation of Territory
This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it
Does Kosovo Lie in the Lotus -Land of Freedom
This paper finds that the ICJ's Kosovo Advisory Opinion reached the right result, but in a methodologically not fully satisfactory way. It examines five aspects that underpin the opinion: the temporal (purely ex post ) perspective; the Court's equation of legal conformity and non-prohibition and the idea of a deliberate silence of international law; the applicability of the Lotus principle that was evoked by numerous states in the proceedings; th…
Das Gebietsreferendum im Völkerrecht. Seine Bedeutung im Licht der Staatenpraxis nach 1989
VRÜ Verfassung und Recht in Übersee , Seite 386 - 389
The Journal of the History of International Law: A Forum for New Research
International audience
Das Gebietsreferendum im Völkerrecht. Seine Bedeutung im Licht der Staatenpraxis nach 1989
VRÜ Verfassung und Recht in Übersee , Seite 386 - 389
Comparative Law Beyond Post-Modernism
The legal version of post-modernism has not failed to challenge comparative law. It points out that, traditionally, comparatists have participated in a project of objectivity, universalism and neutrality of law, of which the “new” approach to comparative law is altogether sceptical. 1 In the era of globalisation, both the discipline and its critique have gained relevance. What the transition of post-socialist countries and the unification of Euro…
International Dispute Settlement: A Network of Cooperational Duties
This article identifies various duties of cooperation both in political and legal settlement strategies. A general, customary law-based duty of cooperation with a view to settlement, comprising a duty to negotiate, is inherent in the obligation to settle disputes peacefully. On the other hand, a general ‘political exhaustion doctrine’ does not exist. In diplomatic third party-based settlement, we find specific, i.e. procedural, obligations of coo…
Burmese Manuscripts, Part 4: Catalogue Numbers 736-900
Literatur
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures
The article conceives international (or global) constitutionalism as a legal argument which recommends and strengthens efforts (legal and political) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international constitutionalism’ have in recent years served as buzzwords in various discourses, the many meanings of those concepts have not yet been fully explored and di…
Prawn-in-a-Tube Procedure: Habituation or Associative Learning in Cuttlefish
The prawn-in-a-tube procedure (J. B. Messenger, 1973a) has been used almost exclusively to study associative learning in cuttlefish. In two experiments, the authors sought to determine whether the decline in attack responses observed in this procedure was best accounted for by habituation or associative learning. Results of Experiment 1 revealed an asymmetrical stimulus-specificity effect that could be interpreted as either an instance of habitua…
Gender Differences in Stroke Care Decision-Making
BACKGROUND: Women are less likely than men to receive some stroke care interventions. It is not known whether gender differences in patient preferences explain some of the observed variations in stroke care delivery. METHODS: Outpatients with and without a history of cerebrovascular disease were recruited from stroke, vascular, and general internal medicine ambulatory clinics between September 2002 and October 2003. Self-administered surveys desc…
Privatisierung im Völkerrecht. Zur Verantwortlichkeit der Staaten bei der Privatisierung von Staatsaufgaben
Privatisierung im Völkerrecht. Zur Verantwortlichkeit der Staaten bei der Privatisierung von Staatsaufgaben
Treaty Making Power
The constitutionalization of international law
Dual Democracy
Pathological Gambling: Influence of Quality of Life and Psychological Distress on Abstinence After Cognitive-Behavioral Inpatient Treatment
Humanity as the A and of Sovereignty
The article argues that the principle of sovereignty is being ousted from its position as a Letztbegründung (first principle) of international law. This trend is welcome. Sovereignty must and can be justified. The normative value of sovereignty is derived from and geared towards humanity that is the legal principle that human rights, interests, needs, and security must be respected and promoted. State sovereignty is not merely limited by human ri…
Beyond Boom and Bust: External Rents, Durable Authoritarianism, and Institutional Adaptation in the Hashemite Kingdom of Jordan
Kurzbeiträge: Das Kosovogutachten und die Kunst des Nichtssagens
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
Die Anwendbarkeit der EMRK in Zeiten komplexer Hoheitsgewalt und das Prinzip der Grundrechtstoleranz
Growing transnational integration leads to an incremental exercise of governmental functions abroad and to increasing transferrals of governmental authority to international organisations. The question arises where, for whom, and under which conditions the European Convention of Human Rights (ECHR) is applicable. This issue involves first the question of the scope of the Convention, second the problem of the attribution of potentially illegal act…
Non-State Actors as Standard Setters
Das subjektive internationale Recht
The 4th edition of the first volume of this work provides an update of the commentary on the preamble and articles 1 to 19 in case law and literature. The structure of the book has been retained and its content supplemented by more recent developments, such as the implications of Europeanisation and digitalisation as well as the Corona pandemic. As of the 4th edition, Frauke Brosius-Gersdorf has taken over the editorship of the commentary.
Does Kosovo Lie in the Lotus -Land of Freedom
This paper finds that the ICJ's Kosovo Advisory Opinion reached the right result, but in a methodologically not fully satisfactory way. It examines five aspects that underpin the opinion: the temporal (purely ex post ) perspective; the Court's equation of legal conformity and non-prohibition and the idea of a deliberate silence of international law; the applicability of the Lotus principle that was evoked by numerous states in the proceedings; th…
The Oxford Handbook of the History of International Law
This Handbook represents a big step towards a global history of international law. First, it notes that the Eurocentric story of international law is incomplete since it ignores the violence, ruthlessness, and arrogance which accompanied the dissemination of Western rules, and the destruction of other legal cultures which that dissemination caused. Second, the authors of the book come from different academic backgrounds: they are lawyers, histori…
International Organizations: Between Technocracy and Democracy
Discovery, Conquest, and Occupation of Territory
This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it
Realizing Utopia as a Scholarly Endeavour
The article defends 'critical' or 'ideational' positivism and explains why and how it can be conducted successfully as legal scholarship. In order to accumulate replicable intersubjective knowledge, legal scholarship should focus less on concrete applications of law, but needs to generate theories in the sense of models that express the patterns of data in the field under observation as parsimoniously and concisely as possible, and thereby reduce…
Jenseits der Menschenrechte: Die Rechtsstellung des Individuums Im Völkerrecht
Beyond Human Rights. The Legal Status of the Individual in International Law
Political science (41 works) · Law (22 works) · International Law and Human Rights (21 works) · Law (18 works) · Politics (18 works) · Sociology (17 works) · Law and economics (14 works) · International law (12 works) · International Law and Aviation (11 works) · Philosophy (9 works)