International Law in the South American Jungle

2014 ◽  
pp. 259-261
1997 ◽  
Vol 66 (1) ◽  
pp. 33-53 ◽  
Author(s):  

AbstractThe debate about whether international law could or should be universal has often centred on the somewhat nebulous phenomena of the relativity of cultural values, ideas, and use of language. While these are important considerations, this paper hightlights the fact that in the international law of Antarctica, universalism has had the practical legal effect of defining the issue in dispute. Prior to World War Two there were two distinct international legal regimes pertaining to territory in Antarctica. For the South American states the issue at stake was the location of their mutual boundary in territory to which they had long assumed sovereign rights; for the Europeans sovereignty itself was the issue with which they sougth to deal. Once the two regimes came into conflict – at least as regards that portion of Antarctica opposite the South American mainland – it was the European regime, under the guise of being `universal' international law, that came to define the issue in dispute. While the issue has never been settled, universalism has functioned to favour the position of the United Kingdom over those of Chile and Argentina. Sovereignty has remained the core issue in Antarctic law and politics. All writers on Antarctic law and politics who fail to recognize the evolution of two Antarctic legal regimes of which one has defined the current issue in dispute deny implicitly the existence of the Chilean-Argentine regime of boundary definition. Through doing so, they also perpetuate the myth of international law as universal.


Author(s):  
Fernando Pérez Godoy

Abstract This study is part of the current trend of expanding ‘histories of international law’. From a regional perspective, I analyse not just the South American dimension of the process known as the ‘universalization of international law science’, but also focus on the ‘ideological use’ of ius gentium europaeum in the debate on the occupation of indigenous territories governing by the nation Mapuche in the south of Chile (1861–1883) and then the discussion on the legitimacy of the Saltpeter War between Chile and the Bolivian-Peruvian Alliance (1879–1884). I argue that the Chilean national legal discourse applied a core argument of nineteenth-century international law to legitimize its foreign policy in those conflicts: ‘the standard of civilization’. Thus, it is possible to speak about a domestic recreation of imperial logic as part of the globalization of the European law of nations in the nineteenth century.


2020 ◽  
Vol 105 (2) ◽  
pp. 183-194
Author(s):  
Fernando O. Zuloaga ◽  
Sandra S. Aliscioni ◽  
M. Amalia Scataglini

Generic boundaries of the South American species Panicum longipedicellatum Swallen are explored and compared with allied genera of the tribe Paniceae. On the basis of morphological, anatomical, and molecular characters a new genus, Cnidochloa Zuloaga, is proposed. The phylogenetic position of the new genus within the Paniceae is evaluated.


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