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Decolonising International Law

Author: Sundhya Pahuja
Publisher: Cambridge University Press
ISBN: 1139502069
Size: 34.43 MB
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The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Reading Humanitarian Intervention

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 9781139435710
Size: 51.33 MB
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During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

International Law As A Belief System

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108386369
Size: 28.87 MB
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International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.

Bandung Global History And International Law

Author: Luis Eslava
Publisher: Cambridge University Press
ISBN: 1108501427
Size: 29.38 MB
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In 1955, a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine nations. Against the backdrop of crumbling European empires, Asian and African leaders forged new alliances and established anti-imperial principles for a new world order. The conference came to capture popular imaginations across the Global South and, as counterpoint to the dominant world order, it became both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. In this book, leading international scholars explore what the spirit of Bandung has meant to people across the world over the past decades and what it means today. It analyzes Bandung's complicated and pivotal impact on global history, international law and, most of all, justice struggles after the end of formal colonialism.

Protection And Empire

Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 1108417868
Size: 22.14 MB
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This book situates protection at the centre of the global history of empires, thus advancing a new perspective on world history.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 1107188474
Size: 32.40 MB
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The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Decolonizing International Relations

Author: Branwen Gruffydd Jones
Publisher: Rowman & Littlefield
ISBN: 9780742540248
Size: 13.34 MB
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The discipline of International Relations (IR) is concerned with the powerful states and actors in the global political economy and dominated by North American and European scholars. This book exposes the ways in which IR has consistently ignored questions of colonialism, imperialism, race, slavery, and dispossession in the non-European world.

International Law And New Wars

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316764532
Size: 24.66 MB
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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.

Legal Personality In International Law

Author: Roland Portmann
Publisher: Cambridge University Press
ISBN: 1139493221
Size: 72.21 MB
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Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.