TWAIL/Post-colonial Approaches to the History of International Law

2021 ◽  
pp. 117-151
Keyword(s):  
International Law ◽  
Post Colonial ◽  
History Of ◽  
History Of International Law

The Oxford Handbook of International Law in Asia and the Pacific

2019 ◽  
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Order ◽  
Asia Pacific ◽  
Asia Pacific Region ◽  
Post Colonial ◽  
The Pacific ◽  
Colonial Theory ◽  
History Of ◽  
History Of International Law

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialised branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. This book analyses the approach to, and influence of, key states of the region, as well as whether truly ‘Asian’ trends can be identified and what this might mean for international order.

The Horizon of Becoming: Culture, Gender and History after September 11

2002 ◽  
Vol 71 (2) ◽  
pp. 215-253
Author(s):  
Keyword(s):  
International Law ◽  
Historical Context ◽  
September 11 ◽  
Shared Vision ◽  
Post Colonial ◽  
Critical Approaches ◽  
History Of ◽  
History Of International Law ◽  
The Military ◽  
Analytical Tools

AbstractFeminist analyses of international law can be seen as part of the wider effort to broaden international law beyond its current foundations and assumptions. International lawyers can usefully work with feminist, post-colonial, indigenous, critical and postmodern perspectives in contextualizing the universalist claims of international law in order to make it both more inclusive and more sophisticated. International law might be positively transformed if it were to take the critical approaches of feminist and other scholars seriously. This article is an attempt to problematize the concepts of time and history as they relate to an understanding of international law from the perspective of the feminist, the post-colonial and the indigenous. How we analyze international law in an historical context strongly determines how relevant international law is to women and other marginalized voices. Attempting to understand the history of international law is essential to understanding how it works (or does not work) and how it is changing. But our understandings of history are themselves deeply flawed as analytical tools. The voices of the silenced are usually described as not being heard because of imbalances in economic and political power. On a deeper level they also may not be heard because the very nature of historical and legal discourse in the international arena makes their voices unintelligible within the `malestream' of time and history. We expect history to give us a sense of the truth of our shared past. But because historical records are dominated by the representation of the most powerful, the `truth' of those who are excluded from power may not seem genuine. More commonly, it is ignored. What we think of as a reality that we have shared may not in fact have been shared in the same way by `others' – even when `we' ourselves are part of that `other'. International law as we now know it was created as an offshoot of the development of the modern nation-state based on secular ideals of rationality and order. Women's history often tries to recapture the detail of all those `people without history' who have worked, fought, mothered and struggled `behind the scenes' of the Great Events depicted in wars and political battles that are so central to our usual shared vision. International law prioritizes precisely this dominant vision – the use of force, sovereignty, the state, the political, the military, the economic and the diplomatic. What does September 11 mean for women, for the poor, for indigenous peoples? This article does not discount the importance of recent world events – only that we might see them through different eyes from which we might gain new insights.

The Renaissance of Roman Colonization

2020 ◽  
Keyword(s):  
International Law ◽  
Roman History ◽  
Italian Renaissance ◽  
Ancient Rome ◽  
Legal Interpretation ◽  
Colonial Discourse ◽  
Property Distribution ◽  
Carlo Sigonio ◽  
History Of ◽  
History Of International Law

The colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. Once antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3–84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyses the context, making, and impact of Sigonio’s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from visions of imperial reform and colonial independence in the nascent United States of America, to Enlightenment accounts of property distribution, culminating in a specific juridical strand in twentieth-century Roman historiography. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance until today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.

scholarly journals Introduction

2017 ◽  
Vol 30 (4) ◽  
pp. 799-800
Author(s):  
MÓNICA GARCÍA-SALMONES ROVIRA ◽  
PAOLO AMOROSA
Keyword(s):  
International Law ◽  
Case Studies ◽  
Point Of View ◽  
Colonial Legacy ◽  
Normative Systems ◽  
Diverse Backgrounds ◽  
History Of ◽  
Colonial Governance ◽  
History Of International Law

The deep relation between the colonial past and contemporary international law has been convincingly established. Scholars from diverse backgrounds, employing a variety of approaches, have shown the multifaceted ways in which the colonial enterprise occasioned the birth of doctrines and practices that are still in common use. The conference that occasioned this symposium, the last of the project History of International Law: Between Religion and Empire, directed by Martti Koskenniemi, was held in Helsinki in October 2016 and approached the issue of the colonial legacy of international law from the point of view of specific histories. The ‘techniques of empire’ raised at the conference encompassed colonial governance in the broadest sense, looking at practices, norms and normative systems, doctrines and concepts, and events. The case studies making up the articles featured in the symposium treat subjects as diverse as the experiences of colonialism have been, assuming an array of forms. Even so, from the multiplicity of techniques certain patterns and themes emerge.

International Law

2021 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
International Criminal Law ◽  
Legal Personality ◽  
State Immunity ◽  
Peaceful Settlement ◽  
International Economic Law ◽  
History Of ◽  
History Of International Law ◽  
Settlement Of Disputes

International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

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