The tyranny of strangers: transformative occupations old and new

2021 ◽  
Vol 9 (2) ◽  
pp. 197-218
Author(s):  
Matthew Craven
Keyword(s):  
Colonial Rule ◽  
British Occupation ◽  
The Us ◽  
New Type ◽  
The Law ◽  
Invasion Of Iraq

Abstract In the aftermath of the US led invasion of Iraq in 2003, considerable attention was given to the apparent emergence of a new type of belligerent occupation—the ‘transformative occupation’ which apparently challenged the traditional assumptions of the law of occupation. The suggestion here is that, as an examination of the British occupation of Mesopotamia between 1914-1924 reveals, the ‘transformative occupation’ is by no means a new institution, but is one that may be associated with a tradition of thought and practice in which the institution of belligerent occupationwas made congruent with the operational rationalities of colonial rule by re-imagining it as a form of sacred trust. The legacy of that history, it is contended, is critical for understanding the role of occupation law today.

Some Origins of Nationalism in East Africa

1968 ◽  
Vol 9 (1) ◽  
pp. 119-146 ◽  
Author(s):  
J. M. Lonsdale
Keyword(s):  
Central Government ◽  
Colonial Period ◽  
Political Activity ◽  
Colonial Rule ◽  
Face To Face ◽  
National Movements ◽  
New Type ◽  
First Time ◽  
Official Recognition

This paper attempts to provide a frame of reference for evaluating the role of ordinary rural Africans in national movements, in the belief that scholarly preoccupation with élites will only partially illumine the mainsprings of nationalism. Kenya has been taken as the main field of enquiry, with contrasts and comparisons drawn from Uganda and Tanganyika. The processes of social change are discussed with a view to establishing that by the end of the colonial period one can talk of peasants rather than tribesmen in some of the more progressive areas. This change entailed a decline in the leadership functions of tribal chiefs who were also the official agents of colonial rule, but did not necessarily mean the firm establishment of a new type of rural leadership. The central part of the paper is taken up with an account of the competition between these older and newer leaderships, for official recognition rather than a mass following. A popular following was one of the conditions for such recognition, but neither really achieved this prior to 1945 except in Kikuyuland, and there the newer leaders did not want official recognition. After 1945 the newer leadership, comprising especially traders and officials of marketing co-operatives, seems everywhere to have won a properly representative position, due mainly to the enforced agrarian changes which brought the peasant face to face with the central government, perhaps for the first time. This confrontation, together with the experience of failure in earlier and more local political activity, resulted in a national revolution coalescing from below, co-ordinated rather than instigated by the educated élite.

The Biopolitics of Baghdad: Counterinsurgency and the counter-city

2008 ◽  
Vol 1 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Derek Gregory
Keyword(s):  
Therapeutic Interventions ◽  
Ethnic Cleansing ◽  
Dramatic Reduction ◽  
Us Military ◽  
Political Effects ◽  
Military Violence ◽  
The Us ◽  
Late Modern ◽  
Invasion Of Iraq

Soon after the invasion of Iraq in 2003, the US military began to explore culture-centric warfare as a means of finding the terms for both occupation and counterinsurgency. The power of the new doctrine is supposed to have been proved by the success of the surge in US combat troops that started in February 2007, which incorporated the new emphases on protecting the civilian population and on ‘non-kinetic’ (non-violent operations), and which has been credited with bringing about a dramatic reduction in ethno-sectarian deaths in Baghdad. This argument ignores the intensification of kinetic operations in and around the capital and the consequent spike in deaths caused by military violence, and it minimizes the role of ‘ethnic cleansing’ in eventually reducing ethno-sectarian deaths as Baghdad rapidly turned from a predominantly Sunni to an overwhelmingly Shia city. These erasures are not accidental: they are directly connected to carefully calculated political effects that result from presenting culture-centric warfare in general and the Surge in particular as intrinsically therapeutic interventions. Such a strategy obscures crucial ways in which the Baghdad Security Plan was complicit in and capitalized on the ethno-sectarian restructuring of the capital. Conversely, disclosure of these connections reveals that political-military and paramilitary operations in Baghdad have frozen rather than resolved the conflict, and that they exemplify a late modern security apparatus that is not only geopolitical but also profoundly biopolitical.

scholarly journals Pirates and pearls: Jikiri and the challenge to maritime security and American sovereignty in the Sulu Archipelago, 1907–1909

2017 ◽  
Vol 29 (1) ◽  
pp. 44-67 ◽  
Author(s):  
Stefan Eklöf Amirell
Keyword(s):  
Maritime Security ◽  
Colonial Rule ◽  
Native Population ◽  
Us Army ◽  
Us Military ◽  
The Us ◽  
Pearl Fishing ◽  
The Law

In 1908–1909, maritime commerce, fishing and traffic in the Sulu Archipelago in the southern Philippines almost came to a standstill due to a surge in piracy and coastal raids that challenged US colonial rule in the area. The leader of the outlaws was a renegade subject of the Sultan of Sulu, a Samal named Jikiri. Together with his followers, Jikiri was responsible for the murders of at least 40 people in numerous raids on small trading vessels, pearl fishers, coastal settlements and towns throughout the archipelago. In spite of the concerted efforts of the US Army, the Philippine Constabulary and private bounty hunters, Jikiri was able to avoid defeat for more than one and half years, before he was eventually killed in July 1909. His decision to take to piracy was triggered by the failure of the US authorities to pay compensation for the loss of the traditional claims that many families in the Sulu Archipelago had to the pearl beds of the region, as stipulated by a law on pearl fishing adopted in 1904. The law was in several respects disadvantageous to the native population of Sulu and this – together with the high-handed behaviour of the local officers in charge of the Sulu district from 1906 – fuelled widespread discontent with colonial rule and led several of the leading headmen of Sulu covertly to sympathize with, and protect, Jikiri and his followers. This sponsorship combined with the general reluctance of the population to cooperate with the US military explains why Jikiri was able to defy the vastly superior US forces for so long. American officers at the time tended to attribute the depredations to the allegedly piratical nature of the Sulus, but this article argues that the so-called ‘decay theory’, first proposed by Raffles a century earlier, is a more appropriate explanation of this surge in piracy.

scholarly journals OLD METHODS IN THE NEW FRAMEWORK”. STRATEGY OF GREY ZONES IN HYBRID WARFARE

2021 ◽  
Vol 1 (72) ◽  
pp. 162-170
Author(s):  
Leszek SYKULSKI
Keyword(s):  
Psychological Impact ◽  
Military Operations ◽  
Special Services ◽  
Decisive Importance ◽  
The Us ◽  
Asymmetric Conflicts ◽  
New Type ◽  
The 1960S ◽  
New Framework

The concept of waging conflict in Grey Zones was adopted in the US community of international security analysts several years ago. It refers to the use of primarily non-militaryinstruments to create spaces of deep conflict at multiple social, political, cultural, religious and economic levels. These conflicts take place below the threshold of war. One of the first concepts that we can consider as the genesis of this type of strategy is the concept of rebel wars created in the 1960s, by the Russian strategist, Colonel Yevgeny Messner. This new type of war was to be characterised by the predominance of civilian combat, the key importance of psychological impact and the decisive importance of the use of troops and special services. Messner also pointed to the growing role of terror in the conduct of military operations. Another important feature of the new concept was the “denationalisation of war”. Fighting social groups, military and paramilitary sub-units were to be deprived of recognition marks.Keywords: insurgency wars, asymmetric conflicts, hybrid wars, Yevgeny Messner, grey zones.

scholarly journals Company incorporation regimes in the UK, the US and Australia – In search of the golden mean

2020 ◽  
Vol 9 (2) ◽  
pp. 83-91
Author(s):  
Badar Mohammed Almeajel Alanazi
Keyword(s):  
Ownership Structure ◽  
Business Owners ◽  
Company Law ◽  
Legal Personality ◽  
The Us ◽  
The World ◽  
Regulatory Measures ◽  
The Law ◽  
The Uk

The purpose of the law on incorporation has been heavily contested by academics. On one side of the debate are scholars who argue that company law should have an “enabling” role, in that it should empower business owners to arrange their affairs in a manner that best suits their purposes at the same time as minimising any interference from the state. On the other side of the debate are those who argue that company law should impose on the world of commerce strong regulatory measures to prevent such abuses. This conflict between the “enabling” and the “regulatory” role of company incorporation law is visible in many jurisdictions, with each of them achieving a different balance between the two approaches. Many scholarly studies have elaborated on how companies are incorporated and regulated. Some of them have been used in the current paper such as studies carried out by Bayern et al. (2017) and Reyes (2018). However, this paper examines the extent to which the incorporation regimes in the UK, the US, and Australia can be said to be “enabling” or “regulatory” in nature, through a detailed analysis of the law on company incorporation, ownership structure and the protection provided to the relevant stakeholders through the principles of separate legal personality.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

Neoliberalism, Law and its Discontents: Three Recent Interventions

2020 ◽  
Vol 23 (2) ◽  
Author(s):  
Ravi Malhotra
Keyword(s):  
New York ◽  
Princeton University ◽  
The Law

Honor Brabazon, ed. Neoliberal Legality: Understanding the Role of law in the neoliberal project (New York: Routledge, 2017). 214pp. Paperback.$49.95 Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality (Princeton: Princeton University Press, 2019). 297 pp. Hardcover.$29.95 Astra Taylor. Democracy May Not Exist, but We'll Miss It When It's Gone (New York: Metropolitan Books--Macmillan, 2019). Hardcover$27.00

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Yusup Sugiarto ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Civil Law ◽  
Power Of Attorney ◽  
The Law ◽  
Credit Agreement

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.

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