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Mestizo International Law

Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 1316194051
Size: 43.25 MB
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The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

Great Powers And Outlaw States

Author: Gerry Simpson
Publisher: Cambridge University Press
ISBN: 9780521534901
Size: 21.51 MB
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Historical and legal analysis of Kosovo and Afghanistan wars and impact on global political order.

Protection And Empire

Author: Lauren Benton
Publisher: Cambridge University Press
ISBN: 1108417868
Size: 50.68 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 As A Belief System

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 1108386369
Size: 26.66 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.

The Sovereignty Of Human Rights

Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 019026733X
Size: 55.18 MB
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The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.

Political Order In Changing Societies

Author: Samuel P. Huntington
Publisher: Yale University Press
ISBN: 9780300116205
Size: 39.65 MB
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This now classic examination of the development of viable political institutions in emerging nations is an enduring contribution to modern political analysis. The foreword by Fukuyama assesses Huntingdon's achievement.

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 0521822661
Size: 29.71 MB
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Boundaries Of The International

Author: Jennifer Pitts
Publisher: Harvard University Press
ISBN: 0674980816
Size: 46.92 MB
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It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.

The Black Hole Of Empire

Author: Partha Chatterjee
Publisher: Princeton University Press
ISBN: 1400842603
Size: 61.61 MB
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When Siraj, the ruler of Bengal, overran the British settlement of Calcutta in 1756, he allegedly jailed 146 European prisoners overnight in a cramped prison. Of the group, 123 died of suffocation. While this episode was never independently confirmed, the story of "the black hole of Calcutta" was widely circulated and seen by the British public as an atrocity committed by savage colonial subjects. The Black Hole of Empire follows the ever-changing representations of this historical event and founding myth of the British Empire in India, from the eighteenth century to the present. Partha Chatterjee explores how a supposed tragedy paved the ideological foundations for the "civilizing" force of British imperial rule and territorial control in India. Chatterjee takes a close look at the justifications of modern empire by liberal thinkers, international lawyers, and conservative traditionalists, and examines the intellectual and political responses of the colonized, including those of Bengali nationalists. The two sides of empire's entwined history are brought together in the story of the Black Hole memorial: set up in Calcutta in 1760, demolished in 1821, restored by Lord Curzon in 1902, and removed in 1940 to a neglected churchyard. Challenging conventional truisms of imperial history, nationalist scholarship, and liberal visions of globalization, Chatterjee argues that empire is a necessary and continuing part of the history of the modern state. Some images inside the book are unavailable due to digital copyright restrictions.