Read e-book online Imperialism, Sovereignty and the Making of International Law PDF

By Antony Anghie

ISBN-10: 0521828929

ISBN-13: 9780521828925

This e-book argues that the colonial war of words used to be critical to the formation of foreign legislations and, particularly, its founding idea, sovereignty. conventional histories of the self-discipline current colonialism and non-European peoples as peripheral issues. in contrast, Anghie argues that foreign legislation has continually been lively by means of the 'civilizing mission' - the undertaking of governing non-European peoples, and that the industrial exploitation and cultural subordination that resulted have been constitutively major for the self-discipline. In constructing those arguments, the publication examines assorted stages of the colonial stumble upon, starting from the 16th century to the League of countries interval and the present 'war on terror'. Anghie presents a brand new method of the historical past of overseas legislations, illuminating the long-lasting imperial personality of the self-discipline and its carrying on with value for peoples of the 3rd international. This e-book may be of curiosity to scholars of overseas legislation and kinfolk, heritage, post-colonial reviews and improvement experiences.

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Additional resources for Imperialism, Sovereignty and the Making of International Law (Cambridge Studies in International and Comparative Law)

Example text

Vitoria, De Indis, p. , p. 169. 33 While Vitoria thus deﬁned the powers of the sovereign, he had greater difﬁculty in identifying the sovereign himself. ’34 Sovereigns cannot be deﬁned independently of states. 38 Amid this confusion, Vitoria ﬁnally resorts to empiricism, citing as examples of sovereignty the kingdoms of Castile and Aragon, communities, which have their own laws and councils. The foregoing suggests that the power of the state has not been consolidated in any signiﬁcant way. Authority is too dispersed and hierarchies, while established theoretically, are too confusing and uncertain for Vitoria to use them convincingly as a means of structuring sovereignty doctrine.

The dynamic was reconstructed in this way in the positivist era. Chapter 3 focuses on the jurisprudence of the inter-war period (1919-39) and traces in general terms the shift from positivism to the new jurisprudence of pragmatism that was related to the emergence of the ﬁrst major international institution, the League of Nations. My particular focus is on the Mandate System of the League of Nations that provided the international system with a new means of managing colonial relations through the technologies developed by international institutions.

14 Could the Indians, the unbelievers, own property? Rather than adopt the traditional approach of dismissing the Indians as lacking in rights merely because of their status as unbelievers, Vitoria reformulates the relationship between divine, natural and human law. Having examined numerous theological authorities and incidents in the Bible, he concludes that whatever the punishments awaiting them in their after-life, unbelievers such as the Indians were not deprived of their property in the mundane realm merely by virtue of that status.

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