It’s not a law-and-religion piece, exactly, but I’d like to draw attention to a fantastic essay by our Tradition Project partner, Professor Monica Lugato of LUMSA, on the role of tradition in customary international law. This is a complicated subject, and Monica handles it masterfully. I highly recommend it. The essay appears in a new collection, Human Society and International Law: Reflections on the Present and Future of International Law, published last summer by Wolters Kluwer and edited by Carlo Focarelli at Roma Tre. Here’s the publisher’s description:
Where is international law headed for? Should it rather head elsewhere, and why? These are the questions that the ten contributors to this first Special Volume in the Series Convivenza umana e diritto internazionale – Human Society and International Law have been asked to address, each one within their main area of expertise. The ten topics elected by the authors – all members of the Editorial Board of the new Series – make the three parts of this Volume, respectively on the making of international law (with chapters on the sources of international law; the principle of acquiescence; the codification of the right to development; and the legal status and transformative potential of the SDGs); the implementation of international law (with chapters on international custom and the traditionality of international law; the localising of international law; and the constitutional im- port of the SDGs); and the analysis of international law (with chapters on populism and the integrity of international law; the past, present and future of international law’s teaching; and the demands placed on legal analysis by the present climate crisis). As the questions posed to the contributors and the Volume’s subtitle suggest, this work was designed to encourage a reflection, by prominent scholars, on the dynamics of international law across a sample of key topics, mindful of the legal framework as a whole, and its trajectories over time. The underlying assumption – and wish – is that the Volume’s attempt to encourage an overall vision of the discipline, its most recent trends, and its theoretical framework (including of change) will inspire new theses and book proposals for the Series.