The Enactment of Irony: Reflections on the Origins of the Martens Clause

@article{Giladi2014TheEO,
  title={The Enactment of Irony: Reflections on the Origins of the Martens Clause},
  author={Rotem Giladi},
  journal={European Journal of International Law},
  year={2014},
  volume={25},
  pages={847-869}
}
  • Rotem Giladi
  • Published 2014
  • Sociology
  • European Journal of International Law
The Martens clause has made F. F. Martens one of the "household names of our profession". Since its first appearance in the preamble to the 1899 Hague Convention (II) on the Laws and Customs of War on Land, the clause has incessantly been puzzled over, historicized, celebrated, and re-enacted. Much of the extant discourse, however, is geared towards normative construction of the clause. This article, by contrast, seeks to depart from normative construction of the clause and draw attention… Expand
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