Imperialism, Sovereignty and the Making of International Law

ISBN-10: 0521702720
ISBN-13: 9780521702720
Edition: 2007
Authors: Antony Anghie
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Description: This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as  More...

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Book details

List price: $72.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 4/26/2007
Binding: Paperback
Pages: 380
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.342
Language: English

This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

Professor of Law at the S. J. Quinney School of Law, University of Utah.

Foreword
Acknowledgements
Table of cases
Table of treaties
Introduction
Francisco de Vitoria and the colonial origins of international law
Introduction
Vitoria and the problem of universal law
War, sovereignty and the transformation of the Indian
Conclusion
Finding the peripheries: colonialism in nineteenth-century international law
Introduction
Elements of positivist jurisprudence
Defining and excluding the uncivilized
Native personality and managing the colonial encounter
Reconceptualizing sovereignty
Colonialism and the birth of international institutions: the Mandate System of the League of Nations
Introduction
The creation of the Mandate System
The League of Nations and the new international law
The Mandate System and colonial problems
The Mandate System and the construction of the non-European state
Government, sovereignty and economy
The mandate and the dissolution of sovereignty
The legacies of the Mandate System: toward the present
Conclusion
Sovereignty and the post-colonial state
Introduction
Decolonization and the universality of international law
Development, nationalism and the post-colonial state
Development and the reform of international law
Permanent sovereignty over natural resources and the New International Economic Order
The 1962 Resolution on PSNR
The 1974 Charter of Rights and Duties Among States
Colonialism and the emergence of transnational law
Sources of law and international contracts
Overview and conclusions
Governance and globalization, civilization and commerce
Introduction
Good governance and the Third World
Governance, human rights and the universal
International financial institutions, human rights and good governance
International financial institutions and the Mandate System
Conclusions and overview
On making war on the terrorist: imperialism as self-defence
Introduction
The war against terrorism
The United States and imperial democracy
Historical origins: war, conquest and self-defence
Terrorism and the United Nations: a Vitorian moment
Terrorism, self-defence and Third World sovereignty
Conclusion
Bibliography
Index

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