Imperialism, Sovereignty and the Making of International Law

by
Format: Hardcover
Pub. Date: 2005-03-07
Publisher(s): Cambridge University Press
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Summary

This book argues that the 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, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. 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 on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

Author Biography

Antony Anghie is Professor of Law at the S.J. Quinney School of Law, University of Utah

Table of Contents

Foreword
James C. Crawford
xi
Acknowledgements xiv
Table of cases xvi
Table of treaties xix
Introduction 1(12)
1 Francisco de Vitoria and the colonial origins of international law 13(19)
Introduction
13(4)
Vitoria and the problem of universal law
17(6)
War, sovereignty and the transformation of the Indian
23(5)
Conclusion
28(4)
2 Finding the peripheries: colonialism in nineteenth-century international law 32(83)
Introduction
32(8)
Elements of positivist jurisprudence
40(12)
Defining and excluding the uncivilized
52(13)
Native personality and managing the colonial encounter
65(35)
Reconceptualizing sovereignty
100(15)
3 Colonialism and the birth of international institutions: the Mandate System of the League of Nations 115(81)
Introduction
115(4)
The creation of the Mandate System
119(4)
The League of Nations and the new international law
123(13)
The Mandate System and colonial problems
136(11)
The Mandate System and the construction of the non-European state
147(9)
Government, sovereignty and economy
156(23)
The mandate and the dissolution of sovereignty
179(11)
The legacies of the Mandate System: toward the present
190(4)
Conclusion
194(2)
4 Sovereignty and the post-colonial state 196(49)
Introduction
196(3)
Decolonization and the universality of international law
199(5)
Development, nationalism and the post-colonial state
204(3)
Development and the reform of international law
207(4)
Permanent sovereignty over natural resources and the New International Economic Order
211(5)
The 1962 Resolution on PSNR
216(4)
The 1974 Charter of Rights and Duties Among States
220(3)
Colonialism and the emergence of transnational law
223(3)
Sources of law and international contracts
226(9)
Overview and conclusions
235(10)
5 Governance and globalization, civilization and commerce 245(28)
Introduction
245(2)
Good governance and the Third World
247(7)
Governance, human rights and the universal
254(4)
International financial institutions, human rights and good governance
258(5)
International financial institutions and the Mandate System
263(5)
Conclusions and overview
268(5)
6 On making war on the terrorist: imperialism as self-defence 273(37)
Introduction
273(1)
The war against terrorism
274(5)
The United States and imperial democracy
279(12)
Historical origins: war, conquest and self-defence
291(7)
Terrorism and the United Nations: a Vitorian moment
298(5)
Terrorism, self-defence and Third World sovereignty
303(7)
Conclusion 310(11)
Bibliography 321(21)
Index 342

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