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Colonial Wrongs And Access To International Law
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Book Synopsis Colonial Wrongs and Access to International Law by : Morten Bergsmo
Download or read book Colonial Wrongs and Access to International Law written by Morten Bergsmo and published by Torkel Opsahl Academic Epublisher. This book was released on 2020-11-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This eye-opening book invites careful reflection on how we should respond to colonial and post-colonial wrongs from the perspective of international law, in particular international criminal law. In addition to a dozen case studies, the book offers analyses based on legal concepts such as subjugation, debellatio, continuing crime, and transfer of civilians, as well as on the discourses of Third World Approaches to International Law and transitional justice. It contains a number of practical suggestions for what can be done to enhance a sense of access to international law in connection with colonial wrongs. The book has eighteen chapters organised in five parts, addressing the context of the discussion on colonial wrongs and access to international law, legal notions, Colonial Burma, other former colonial territories, and indigenous populations. You find contributions by Morten Bergsmo, Joshua Castellino, Kevin Crow, Christophe Deprez, Shannon Fyfe, Gregory S. Gordon, Brigid Inder OBE, Wolfgang Kaleck, Asad Kiyani, Kyaw Yin Hlaing, Jacques P. Leider, LING Yan, Christophe Marchand, Hugo van der Merwe, Ryan Mitchell, Annah Moyo, Mutoy Mubiala, Matthias Neuner, Narinder Singh, Gunnar Ekeløve-Slydal, Derek Tonkin, Crépine Uwashema and YANG Ken. In their foreword, the co-editors explain - with reference to lingering consequences of the slave-based economy - why the book is dedicated to "those who will transmute the legacies of colonial wrongs and slavery into a wider, world-embracing solidarity and unity". The book calls for renewed leadership in this area.
Book Synopsis The Acquisition of Africa (1870-1914) by : Mieke van der Linden
Download or read book The Acquisition of Africa (1870-1914) written by Mieke van der Linden and published by BRILL. This book was released on 2016-10-13 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.
Book Synopsis Justice and Reconciliation in World Politics by : Catherine Lu
Download or read book Justice and Reconciliation in World Politics written by Catherine Lu and published by Cambridge University Press. This book was released on 2017-11-16 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international and transnational orders generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order.
Book Synopsis The Irish Yearbook of International Law, Volume 15, 2020 by : Bríd Ní Ghráinne
Download or read book The Irish Yearbook of International Law, Volume 15, 2020 written by Bríd Ní Ghráinne and published by Bloomsbury Publishing. This book was released on 2023-04-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.
Book Synopsis Colonialism in Global Perspective by : Kris Manjapra
Download or read book Colonialism in Global Perspective written by Kris Manjapra and published by Cambridge University Press. This book was released on 2020-05-07 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative, breath-taking, and concise relational history of colonialism over the past 500 years, from the dawn of the New World to the twenty-first century.
Book Synopsis Strategic Litigation and Corporate Complicity in Crimes Under International Law by : Kalika Mehta
Download or read book Strategic Litigation and Corporate Complicity in Crimes Under International Law written by Kalika Mehta and published by Taylor & Francis. This book was released on 2023-10-09 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Book Synopsis The Rohingya, Justice and International Law by : Kriangsak Kittichaisaree
Download or read book The Rohingya, Justice and International Law written by Kriangsak Kittichaisaree and published by Routledge. This book was released on 2021-10-31 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
Book Synopsis International Criminal Law—A Counter-Hegemonic Project? by : Florian Jeßberger
Download or read book International Criminal Law—A Counter-Hegemonic Project? written by Florian Jeßberger and published by Springer Nature. This book was released on 2022-11-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.
Book Synopsis The International Legal Order's Colour Line by : William A. Schabas
Download or read book The International Legal Order's Colour Line written by William A. Schabas and published by Oxford University Press. This book was released on 2023-08-08 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade. The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation. The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.
Book Synopsis Politics International Law by : Nicole Scicluna
Download or read book Politics International Law written by Nicole Scicluna and published by Oxford University Press, USA. This book was released on 2021-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood withoutthe other.The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introductory chapters, students are encouraged to take a holistic view of the processes and actors that drive international affairs, and explore the fascinating paradox that while international law is largely created through political processes, it also constitutes theenvironment in which international politics is practiced.Part II builds on the foundations laid in Part I to analyze contemporary controversies in international law and politics. Chapters focus on a number of substantive issue areas, including international environmental law, international economic law, human rights law, self-determination and secession, the law governing the use of force, and international criminal justice.This book is written to impart on readers a deepened understanding of both the possibilities and limits of international law as a tool for structuring relations in the world.Digital Formats and ResourcesAlso available as an e-book with functionality, navigation features, and links that offer extra learning support
Author :Thomas Duve Publisher :Max Planck Institute for European Legal History ISBN 13 :3944773020 Total Pages :268 pages Book Rating :4.9/5 (447 download)
Book Synopsis New Horizons in Spanish Colonial Law by : Thomas Duve
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Book Synopsis Historical Culture by Restitution? by : Thomas Sandkühler
Download or read book Historical Culture by Restitution? written by Thomas Sandkühler and published by Böhlau Köln. This book was released on 2023-06-12 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looted art, art theft, colonial collections of cultural objects – not only since the controversy over the Nigerian Benin bronzes at the Humboldt Forum in the German capital Berlin and other European museums a dispute over how to deal with exhibits from colonial contexts erupted. The debate, which has been ongoing among experts for some time, gained new political momentum in 2018 when France's President Macron announced that objects of colonial provenance in French museums would be returned to their societies of origin, and initiated concrete steps. The demand for restitution of art treasures of colonial provenance raises fundamental and extremely complex questions about the presence of the past in ethical, scientific, political, legal and aesthetic dimensions. They concern art historians and museum professionals, cultural historians, historians of science, lawyers and history teachers as well as visitors to museums with colonial collections, who are made aware of the provenance of objects there. This volume, published in Germany in 2021, was a first attempt at illuminating the historio-cultural dimensions of the debate and bringing them to the attention of a broader public. German and international authors contributed essays making clear, how important it is to take a differentiated look at a central part of the current social debate on the legacy of colonialism. This volume was well received. As colonialism is by definition an international phenomenon, the current debate in Germany is presented here in an English language version now.
Book Synopsis Imperialism, Sovereignty and the Making of International Law by : Antony Anghie
Download or read book Imperialism, Sovereignty and the Making of International Law written by Antony Anghie and published by Cambridge University Press. This book was released on 2007-04-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between imperialism and international law.
Book Synopsis Decolonization, Self-Determination, and the Rise of Global Human Rights Politics by : A. Dirk Moses
Download or read book Decolonization, Self-Determination, and the Rise of Global Human Rights Politics written by A. Dirk Moses and published by Cambridge University Press. This book was released on 2020-07-16 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
Book Synopsis To Right Historical Wrongs by : Carmela Murdocca
Download or read book To Right Historical Wrongs written by Carmela Murdocca and published by UBC Press. This book was released on 2013-10-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
Book Synopsis Transitional Justice by : Gerhard Werle
Download or read book Transitional Justice written by Gerhard Werle and published by Springer Nature. This book was released on 2022-09-08 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression “transitional justice” emerged at the end of the Cold War, during the transition from dictatorships to democracies, and serves as a central concept in dealing with systemic injustice. This textbook examines the basic principles of transitional justice and explores its core mechanisms, including prosecutions, amnesties, truth commissions, reparations, and vetting the public service. It elaborates the substance and legal framework of these mechanisms and discusses current challenges. The book provides extensive material illustrating a wide variety of transitional justice situations. “This book summarizes the subjects of transitional justice and Vergangenheitsbewältigung systematically and clearly” (Joachim Gauck, German Federal President, 2012-2017).
Book Synopsis Confronting Colonial Objects by : Carsten Stahn
Download or read book Confronting Colonial Objects written by Carsten Stahn and published by Oxford University Press. This book was released on 2024-01-13 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.
