Baranowska G, Rhein-Fischer P (2025)
Publication Type: Journal article
Publication year: 2025
Book Volume: 63
Pages Range: 99-121
Issue: 2
States appear to increasingly adopt memory laws that are aimed at other states and their societies than the state in which they have been adopted. In this article, we conceptualise these what we call 'outward-looking' memory laws, as opposed to 'inward-looking' memory laws. First, we compile different forms of outward-looking memory laws, distinguishing (1) 'externally-driven' memory laws that are motivated by considerations about the state's international reputation, (2) 'externally-reaching memory laws' that apply to citizens of other states, and (3) 'external conflict memory laws' that take a stand on conflicts that do not directly affect the own state. Second, we investigate the specific legal issues that outward- looking memory laws cause. These are, in particular, problems of jurisdiction and even greater difficulties to justify their interferences with human rights than those that arise with inward-looking memory laws. Finally, asking whether the outward-looking character is an illiberal feature of memory legislation, we argue that the answer varies between the three categories: while externally-reaching memory laws appear to be inherently illiberal, this is not necessarily the case for externally-driven memory laws. Regarding external conflict memory laws, the liberal or illiberal nature depends on the relevant law.
APA:
Baranowska, G., & Rhein-Fischer, P. (2025). Outward-looking memory laws: an illiberal feature? Archiv des Völkerrechts, 63, 99-121. https://doi.org/10.1628/avr-2025-0009
MLA:
Baranowska, Grazyna, and Paula Rhein-Fischer. "Outward-looking memory laws: an illiberal feature?" Archiv des Völkerrechts 63 (2025): 99-121.
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