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Author: Sundhya Pahuja Publisher: Cambridge University Press ISBN: 1139502069 Category : Law Languages : en Pages :
Book Description
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.
Author: Sundhya Pahuja Publisher: Cambridge University Press ISBN: 1139502069 Category : Law Languages : en Pages :
Book Description
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.
Author: Jochen von Bernstorff Publisher: Oxford University Press, USA ISBN: 019884963X Category : Law Languages : en Pages : 497
Book Description
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.
Author: Matthew Craven Publisher: Oxford University Press ISBN: 0199577889 Category : Law Languages : en Pages : 306
Book Description
Against the backdrop of decolonisation and the territorial adjustments of the 1990s, the issue of state succession continues to be a complex focal point for public international law. This book re-assesses the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.
Author: Sujith Xavier Publisher: Routledge ISBN: 100039655X Category : Law Languages : en Pages : 271
Book Description
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Author: Matthew C. R. Craven Publisher: ISBN: 9780191705410 Category : Decolonization Languages : en Pages : 290
Book Description
Against the backdrop of decolonisation and the territorial adjustments of the 1990s, the issue of state succession continues to be a complex focal point for public international law. This book re-assesses the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.
Author: Umut Özsu Publisher: Cambridge University Press ISBN: 1108649009 Category : Law Languages : en Pages : 353
Book Description
After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.
Author: Charles Parkinson Publisher: Oxford University Press ISBN: 0199231931 Category : History Languages : en Pages : 314
Book Description
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Author: Thomas Burri Publisher: Cambridge University Press ISBN: 1108841279 Category : Law Languages : en Pages : 331
Book Description
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
Author: Gérard Kreijen Publisher: Martinus Nijhoff Publishers ISBN: 9004139656 Category : Law Languages : en Pages : 405
Book Description
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
Author: Sundhya Pahuja
Author: Sundhya Pahuja
Author: Jochen von Bernstorff
Author: Umut Özsu
Author: Matthew Craven
Author: Sujith Xavier
Author: Matthew C. R. Craven
Author: Umut Özsu
Author: Charles Parkinson
Author: Thomas Burri
Author: Gérard Kreijen