Mestizo International Law

Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 9781316194058
Release Date: 2015-01-01
Genre: Law

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: 0521534909
Release Date: 2004-04-22
Genre: Law

Historical and legal analysis of Kosovo and Afghanistan wars and impact on global political order.

International Law as a Belief System

Author: Jean d'Aspremont
Publisher: Cambridge University Press
ISBN: 9781108386364
Release Date: 2017-11-09
Genre: Law

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.

Legal Principles in WTO Disputes

Author: Andrew D. Mitchell
Publisher: Cambridge University Press
ISBN: 113947426X
Release Date: 2008-12-11
Genre: Law

Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.

The Law of Nations in Global History

Author: C. H. Alexandrowicz
Publisher: Oxford University Press
ISBN: 9780191078651
Release Date: 2017-03-16
Genre: Law

The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

The Sovereignty of Human Rights

Author: Patrick Macklem
Publisher: Oxford University Press
ISBN: 9780190267339
Release Date: 2015-08-20
Genre: Law

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.

China

Author: John King Fairbank
Publisher: Harvard University Press
ISBN: 9780674036659
Release Date: 2006
Genre: Reference

John King Fairbank was the West's doyen on China, and this book is the full and final expression of his lifelong engagement with this vast ancient civilization. The distinguished historian Merle Goldman brings the book up to date and provides an epilogue discussing the changes in contemporary China that will shape the nation in the years to come.

The Black Hole of Empire

Author: Partha Chatterjee
Publisher: Princeton University Press
ISBN: 9781400842605
Release Date: 2012-04-08
Genre: Social Science

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.

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 9780521822664
Release Date: 2013-07-18
Genre: Law

Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

Has Latin American Inequality Changed Direction

Author: Luis Bértola
Publisher: Springer
ISBN: 9783319446219
Release Date: 2017-01-25
Genre: Business & Economics

This book is open access under a CC BY 4.0 license. This book brings together a range of ideas and theories to arrive at a deeper understanding of inequality in Latin America and its complex realities. To so, it addresses questions such as: What are the origins of inequality in Latin America? How can we create societies that are more equal in terms of income distribution, gender equality and opportunities? How can we remedy the social divide that is making Latin America one of the most unequal regions on earth? What are the roles played by market forces, institutions and ideology in terms of inequality? In this book, a group of global experts gathered by the Institute for the Integration of Latin America and the Caribbean (INTAL), part of the Inter-American Development Bank (IDB), show readers how various types of inequality, such as economical, educational, racial and gender inequality have been practiced in countries like Brazil, Bolivia, Chile, Mexico and many others through the centuries. Presenting new ideas, new evidence, and new methods, the book subsequently analyzes how to move forward with second-generation reforms that lay the foundations for more egalitarian societies. As such, it offers a valuable and insightful guide for development economists, historians and Latin American specialists alike, as well as students, educators, policymakers and all citizens with an interest in development, inequality and the Latin American region.

Legalist Empire

Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 9780190495954
Release Date: 2016-06-21
Genre: Imperialism

After 1898 the United States not only solidified its position as an economic colossus, but by annexing Puerto Rico and the Philippines it had also added for the first time semi-permanent, heavily populated colonies unlikely ever to attain statehood. In short order followed a formal protectorate over Cuba, the "taking" of Panama to build a canal, and the announcement of a new Corollary to the Monroe Doctrine, proclaiming an American duty to "police" the hemisphere. Empire had been an American practice since the nation's founding, but the new policies were understood as departures from traditional methods of territorial expansion. How to match these actions with traditional non-entanglement constituted the central preoccupation of U.S. foreign relations in the early twentieth century. International lawyers proposed instead that the United States become an impartial judge. By becoming a force for law in the world, America could reconcile its republican ideological tradition with a desire to rank with the Great Powers. Lawyers' message scaled new heights of popularity in the first decade and a half of the twentieth century as a true profession of international law emerged. The American Society of International Law (ASIL) and other groups, backed by the wealth of the Carnegie Endowment for International Peace, held annual meetings and published journals. They called for the creation of an international court, the holding of regular conferences to codify the rules of law, and the education of public opinion as to the proper rights and duties of states. To an extent unmatched before or since, the U.S. government-the executive branch if not always the U.S. Senate-embraced this project. Washington called for peace conferences and pushed for the creation of a "true" international court. It proposed legal institutions to preserve order in its hemisphere. Meanwhile lawyers advised presidents and made policy. The ASIL counted among its first members every living secretary of state (but one) who held office between 1892 and 1920. Growing numbers of international lawyers populated the State Department and represented U.S. corporations with business overseas. International lawyers were not isolated idealists operating from the sidelines. Well-connected, well-respected, and well-compensated, they formed an integral part of the foreign policy establishment that built and policed an expanding empire.

Mexico at the World s Fairs

Author: Mauricio Tenorio-Trillo
Publisher: Univ of California Press
ISBN: 0520202678
Release Date: 1996
Genre: Technology & Engineering

"Cosmopolitan approach frames the issue within a more international setting than is common in works about a single Latin American country. Recommended"--Handbook of Latin American Studies, v. 58.

Anarchism and Syndicalism in the Colonial and Postcolonial World 1870 1940

Author: Steven Hirsch
Publisher: BRILL
ISBN: 9789004188495
Release Date: 2010-11-11
Genre: History

Before communism, anarchism and syndicalism were central to labour and the Left in the colonial and postcolonial world.Using studies from Africa,Asia, Eastern Europe, and Latin America, this groundbreaking volume examines the revolutionary libertarian Left's class politics and anti-colonialism in the first globalization and imperialism(1870/1930).