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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.
International law. --- Imperialism. --- Sovereignty. --- Indigenous peoples --- Sovereignty --- State sovereignty (International relations) --- International law --- Political science --- Common heritage of mankind (International law) --- International relations --- Self-determination, National --- Colonialism --- Empires --- Expansion (United States politics) --- Neocolonialism --- Anti-imperialist movements --- Caesarism --- Chauvinism and jingoism --- Militarism --- Law of nations --- Nations, Law of --- Public international law --- Law --- Legal status, laws, etc. --- Law and legislation --- Imperialism --- Legal status, laws, etc --- Colonization --- Decolonization --- Mandates --- Droit international --- Impérialisme --- Souveraineté --- Autochtones --- Colonisation --- Décolonisation --- Mandats internationaux --- Droit --- General and Others --- Ethnology --- Indigenous peoples - Legal status, laws, etc
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International law --- Droit international --- Congresses. --- Pays en développement --- Congrès
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Bioethics --- Comparative law --- Human rights --- International law --- Judicial power --- Jurisprudence --- International Court of Justice.
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This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.
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