Seb Eskauriatza

Doctoral Candidate
Teaching Associate

Birmingham Law School

seb-eskauriatza

Contact details

About

Title of thesis: The Jus Post Bellum

Supervisors: Professor Rob Cryer and Dr Gavin Byrne

Availability

I am available Tuesdays from 13:00 - 14:00 in Room 302 by Lecture Theatre 1.

Qualifications

  • LLB European Legal Studies
  • LLM International Law (with Distinction)

Biography

Seb completed my LLB and LLM degrees at the University of Bristol.  He has experience of working in insurance law teams at national and international law firms in Bristol and Birmingham. He has also lived and worked in Germany, France, Italy and Mexico in the fields of education and international business.

Teaching

  • LLB Criminal Law (year 1)

Doctoral research

PhD title The Normative Commitments in the Jus Post Bellum
Supervisors Professor Robert Cryer and Dr Gavin Byrne
Course Law PhD / PhD by Distance Learning / MPhil / MJur

Research

I am conducting research into the emerging concept of jus post bellum which deals with the themes of post-war justice, post-conflict law and the law of peace-building.    

The jus post bellum  concept emerged from just war theory where some consider it as the third branch of that tradition along with the jus ad bellum (right to initiate war) and the jus in bello (right conduct in war).  Just war theorists therefore consider the jus post bellum to mean 'post war justice' and they use the principles of just war theory to theorize on the nature, content and scope of this new concept which is still in the maturing stage of development.

More recently, the concept has attracted the attention of public international lawyers concerned with the inadequacy of the international law of armed force with respect transformative interventions.  In particular, there is a concern that the law of occupation is too conservative for the purposes of regime change and political transformation.  There are wider concerns about the inadequacy of the law of armed force regarding new weaponry and new enemies.  For some international lawyers, the jus post bellum seems to offer a good opportunity for reform and modernization of the law. 

In this regard, the jus post bellum project is advancing on two distinct fronts.  There is a theoretical confusion in the literature over the concept itself as well as its potential scope and content.  In the background, the worries about a new (benign) liberal imperialism which works through international law is to be taken seriously.  In this way, the jus post bellum offers an opportunity to analyse the very language of international law and to investigate whether it is inherently biased and oppressive to the detriment of non-dominant States and individuals. 

Other activities


Co-Chair Staff-Student Consultative Committee 2013 - 2014

Committee Member: Birmingham Law School PGR Summer Conference 2014

Back to top