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Imperialism, Sovereignty and the Making of International Law
By
Antony Anghie
Description
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.
• Is the only book to offer an
in-depth examination of the relationship between imperialism and
international law and the enduring consequences of this for the
peoples of the Third World • Suggests a new approach to the
history of international law, seeking to displace established
Eurocentric approaches that have prevailed for centuries •
Covers different aspects of the history of international law, ranging
from the fifteenth century and the League of Nations period to the
current ‘war against terror’
Contents
Acknowledgements; Table of cases; Table
of treaties; Introduction; 1. Francisco de Vitoria and the colonial
origins of international law; (i) Introduction; (ii) Vitoria and the
problem of universal law; (iii) War, sovereignty and the
transformation of the Indian; (iv) Conclusion; 2. Finding the
peripheries: colonialism in nineteenth-century international law; (i)
Introduction; (ii) Elements of positivist jurisprudence; (iii)
Defining and excluding the uncivilized; (iv) Native personality and
managing the colonial encounter; (v) Reconceptualizing sovereignty;
3. Colonialism and the birth of international institutions: the
mandate of the League of Nations; (i) Introduction; (ii) Creation of
the mandate system; (iii) The league of nations and the new
international law; (iv) The mandate system and colonial problems; (v)
The mandate system and the construction of the non-European state;
(vi) Government, sovereignty, and economy; (vii) The mandate and the
discussion of sovereignty; (viii) The legacies of the mandate system:
toward the present; (ix) Conclusion; 4. Sovereignty and the
post-colonial state; (i) Introduction; (ii) Decolonization and the
universality of international law; (iii) Development, nationalism and
the post-colonial state; (iv) Development and the reform of
international law; (v) Permanent sovereignty over natural resource
and the new international economic order; (vi) The 1962 resolution on
PSNR; (vii) The 1974 charter of rights and duties among states;
(viii) Colonialism and the emergence of transnational law; (ix)
Sources of law and international contracts; (x) Overview and
conclusions; 5. Governance and globalization, civilization and
commerce; (i) Introduction; (ii) Good governance and the third world;
(iii) Governance, human rights and the universal; (iv) International
financial institutions, human rights and good governance; (v)
International financial institutions and the mandate system; (vi)
Conclusions and overview; 6. On making war on the terrorists:
imperialism as self-defense; (i) Introduction; (ii) The war against
terrorism (WAT); (iii) The United States and imperial democracy; (iv)
Historical origins: war, conquest and self-defense; (v) Terrorism and
the United Nations: a Victorian moment; (vi) Terrorism, self-defense
and third world sovereignty; Conclusion.
Reviews
\\\'…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.
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