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The power of language in the making of international law
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ISBN: 9004136983 9789004136984 9781429414548 1429414545 1280914866 9781280914867 9786610914869 6610914869 9047404874 9789047404873 Year: 2004 Volume: 46 Publisher: Leiden Boston Martinus Nijhoff Publishers

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Abstract

The purpose of this book is to enter into the history of the mental-social phenomena that are the word sovereignty and the myth of Westphalia. Given the circularity of language, the project proposes to examine the reality-creating role of language, as an organic instrument of social power within humanity. In semiotic terms, the complex structures of words and also myths form part of sign-systems in which they can both represent and create reality. These are the passive and active functions of language, which explain that words and myths not only represent and describe reality but may also play a leading part in creating and transforming reality, thus demonstrating and being used to carry fabulous power within humanity. The Peace of Westphalia is analysed to show that, in spite of what actually took place in 1648, Westphalia has had an incredible social effect in international law, standing for the proposition that it signalled the beginning of a new era based on state sovereignty. However, it is argued that Westphalia constitutes a myth, an aetiological myth, which has provided a way for society to explain itself to itself, that is, a way for international society to explain its genesis to itself. As regards sovereignty , it is shown that Jean Bodin introduced the word in Six Livres for the purpose of having the French ruler enjoy supreme power in the hierarchical organisation structure of society. This is the original creative and transforming social effect on the shared consciousness of humanity for which the linguistic sign must be credited, which has continued, unaltered, to this day. With respect to Droit des Gens , it is demonstrated that Emer de Vattel utilised and actually changed the reality associated with sovereignty also for a specific reason, namely, to carry out its externalisation - the ruling entity was now to enjoy exclusive power to govern, which entailed being the sole representative of the people both internally and externally, and also meant that it could not be submitted to any foreign state or to any higher law externally. Vattel's use of the word has had an extraordinary effect on the shared consciousness of society, including that of the emerging international society, which is still very much present today. These two archetype cases in which 'sovereignty' developed show how this word has really had two paradigms over the years, that is, it has represented and created the two distinct realities of the internal and the international.


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Individual rights and the making of the international system
Author:
ISBN: 9780521857772 9780521674485 9781139046527 9781461936763 1461936764 1139046527 1299772943 9781299772946 9781107291102 1107291100 0521857775 1139890247 9781139890243 1107289432 9781107289437 1107289009 9781107289000 0521674484 1107290058 9781107290051 1107293898 9781107293892 1107292824 9781107292826 Year: 2013 Publisher: Cambridge, United Kingdom

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We live today in the first global system of sovereign states in history, encompassing all of the world's polities, peoples, religions and civilizations. Christian Reus-Smit presents a new account of how this system came to be, one in which struggles for individual rights play a central role. The international system expanded from its original European core in five great waves, each involving the fragmentation of one or more empires into a host of successor sovereign states. In the most important, associated with the Westphalian settlement, the independence of Latin America, and post-1945 decolonization, the mobilization of new ideas about individual rights challenged imperial legitimacy, and when empires failed to recognize these new rights, subject peoples sought sovereign independence. Combining theoretical innovation with detailed historical case studies, this book advances a new understanding of human rights and world politics, with individual rights deeply implicated in the making of the global sovereign order.


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The acquisition of Africa (1870-1914) : the nature of international law
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ISBN: 9004321195 9004319131 9789004319134 9789004319134 Year: 2016 Publisher: Boston : Brill,

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Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.


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Sovereignty, property and empire, 1500-2000
Author:
ISBN: 9781107433663 9781107076495 9781139924306 1107433665 1316120635 1316121720 1316133710 1316132625 1316130444 1139924303 1316128261 131613153X 1316129357 9781316129357 9781316131534 1107076498 9781316120637 9781316121726 9781316133712 9781316132623 9781316130445 9781316128268 1322293309 Year: 2014 Publisher: Cambridge, United Kingdom

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This book analyses the laws that shaped modern European empires from medieval times to the twentieth century. Its geographical scope is global, including the Americas, Europe, Africa, Asia, Australia and the Poles. Andrew Fitzmaurice focuses upon the use of the law of occupation to justify and critique the appropriation of territory. He examines both discussions of occupation by theologians, philosophers and jurists, as well as its application by colonial publicists and settlers themselves. Beginning with the medieval revival of Roman law, this study reveals the evolution of arguments concerning the right to occupy through the School of Salamanca, the foundation of American colonies, seventeenth-century natural law theories, Enlightenment philosophers, eighteenth-century American colonies and the new American republic, writings of nineteenth-century jurists, debates over the carve up of Africa, twentieth-century discussions of the status of Polar territories, and the period of decolonisation.

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