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Cambridge Studies in International and Comparative Law : Imperialism, Sovereignty and the Making of International Law Series Number 37 - Antony Anghie

Cambridge Studies in International and Comparative Law

Imperialism, Sovereignty and the Making of International Law Series Number 37

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Published: 30th April 2006
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This book examines the relationship between imperialism and international law. It argues that 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. Racial discrimination, cultural subordination and economic exploitation are constitutively significant for the discipline, rather than aberrations that have been overcome by modern international law. 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 against terror'. Anghie provides a new approach to the history of international law, illuminating the imperial character of the discipline and its enduring significance for peoples of the Third World.

'...a particularly important [book] for international lawyers, scholars and activists to read.' American Journal of International Law 'Anghie's narrative venture at reading the devastating histories of the making of the 'modern' and 'contemporary' international law, relations, and organization remains especially compelling. He brings home the roles of imperialism in full play, and war, in the contemporary remake of international law.' Leiden Journal of International Law 'Anghie makes an important contribution to the field of international law.' Law and Politics Book Review '... much of this book will be of great interest beyond the discipline of international law - particularly to scholars of international relations, and post-colonial and development studies ... an excellent and most welcome contribution' European Journal of International Law '...argued meticulously and compellingly and should be required reading for all scholars of international law.' Modern Law Review 'Imperialism, Sovereignty and International Law is a work of expert scholarship that is simultaneously accessible and engaging. It inspires a questioning of our assumptions about international law about the motivations for our own work. It should be read by anyone interested in the future of international law.' Sydney Law Review '...Anghie's book is a thoroughgoing account that gives voice to sentiments that seldom see the light of day, let alone are adjudged worthy of dissemination by a prestigious press. The rereading of international law is a useful corrective to conventional perspectives that normalize subjugation and its rationalization by any means necessary' Law and Society Review 'Anghie's book lays out an excellent argument for the colonial background of international law and its institutions, and it does so with numerous fresh insights and clear command of a wide range of materials' Law and History Review.

Forewordp. xi
Acknowledgementsp. xiv
Table of casesp. xvi
Table of treatiesp. xix
Introductionp. 1
Francisco de Vitoria and the colonial origins of international lawp. 13
Introductionp. 13
Vitoria and the problem of universal lawp. 17
War, sovereignty and the transformation of the Indianp. 23
Conclusionp. 28
Finding the peripheries: colonialism in nineteenth-century international lawp. 32
Introductionp. 32
Elements of positivist jurisprudencep. 40
Defining and excluding the uncivilizedp. 52
Native personality and managing the colonial encounterp. 65
Reconceptualizing sovereigntyp. 100
Colonialism and the birth of international institutions: the Mandate System of the League of Nationsp. 115
Introductionp. 115
The creation of the Mandate Systemp. 119
The League of Nations and the new international lawp. 123
The Mandate System and colonial problemsp. 136
The Mandate System and the construction of the non-European statep. 147
Government, sovereignty and economyp. 156
The mandate and the dissolution of sovereigntyp. 179
The legacies of the Mandate System: toward the presentp. 190
Conclusionp. 194
Sovereignty and the post-colonial statep. 196
Introductionp. 196
Decolonization and the universality of international lawp. 199
Development, nationalism and the post-colonial statep. 204
Development and the reform of international lawp. 207
Permanent sovereignty over natural resources and the New International Economic Orderp. 211
The 1962 Resolution on PSNRp. 216
The 1974 Charter of Rights and Duties Among Statesp. 220
Colonialism and the emergence of transnational lawp. 223
Sources of law and international contractsp. 226
Overview and conclusionsp. 235
Governance and globalization, civilization and commercep. 245
Introductionp. 245
Good governance and the Third Worldp. 247
Governance, human rights and the universalp. 254
International financial institutions, human rights and good governancep. 258
International financial institutions and the Mandate Systemp. 263
Conclusions and overviewp. 268
On making war on the terrorist: imperialism as self-defencep. 273
Introductionp. 273
The war against terrorismp. 274
The United States and imperial democracyp. 279
Historical origins: war, conquest and self-defencep. 291
Terrorism and the United Nations: a Vitorian momentp. 298
Terrorism, self-defence and Third World sovereigntyp. 303
Conclusionp. 310
Bibliographyp. 321
Indexp. 342
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521828925
ISBN-10: 0521828929
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 380
Published: 30th April 2006
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 23.5 x 15.9  x 2.9
Weight (kg): 0.73