Ethnicity and International Law

Ethnicity and International Law

Author: Mohammad Shahabuddin

Publisher: Cambridge University Press

Published: 2016-04-06

Total Pages: 277

ISBN-13: 1107096790

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An historical analysis of how ethnicity shaped international law and why it is relevant to minorities and ethnic conflicts today.


The Oxford Handbook of Citizenship

The Oxford Handbook of Citizenship

Author: Ayelet Shachar

Publisher: Oxford University Press

Published: 2017-08-03

Total Pages: 854

ISBN-13: 0192528424

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Contrary to predictions that it would become increasingly redundant in a globalizing world, citizenship is back with a vengeance. The Oxford Handbook of Citizenship brings together leading experts in law, philosophy, political science, economics, sociology, and geography to provide a multidisciplinary, comparative discussion of different dimensions of citizenship: as legal status and political membership; as rights and obligations; as identity and belonging; as civic virtues and practices of engagement; and as a discourse of political and social equality or responsibility for a common good. The contributors engage with some of the oldest normative and substantive quandaries in the literature, dilemmas that have renewed salience in today's political climate. As well as setting an agenda for future theoretical and empirical explorations, this Handbook explores the state of citizenship today in an accessible and engaging manner that will appeal to a wide academic and non-academic audience. Chapters highlight variations in citizenship regimes practiced in different countries, from immigrant states to 'non-western' contexts, from settler societies to newly independent states, attentive to both migrants and those who never cross an international border. Topics include the 'selling' of citizenship, multilevel citizenship, in-between statuses, citizenship laws, post-colonial citizenship, the impact of technological change on citizenship, and other cutting-edge issues. This Handbook is the major reference work for those engaged with citizenship from a legal, political, and cultural perspective. Written by the most knowledgeable senior and emerging scholars in their fields, this comprehensive volume offers state-of-the-art analyses of the main challenges and prospects of citizenship in today's world of increased migration and globalization. Special emphasis is put on the question of whether inclusive and egalitarian citizenship can provide political legitimacy in a turbulent world of exploding social inequality and resurgent populism.


Neither Settler nor Native

Neither Settler nor Native

Author: Mahmood Mamdani

Publisher: Harvard University Press

Published: 2020-11-17

Total Pages: 417

ISBN-13: 0674987322

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Making the radical argument that the nation-state was born of colonialism, this book calls us to rethink political violence and reimagine political community beyond majorities and minorities. In this genealogy of political modernity, Mahmood Mamdani argues that the nation-state and the colonial state created each other. In case after case around the globe—from the New World to South Africa, Israel to Germany to Sudan—the colonial state and the nation-state have been mutually constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. The model emerged in North America, where genocide and internment on reservations created both a permanent native underclass and the physical and ideological spaces in which new immigrant identities crystallized as a settler nation. In Europe, this template would be used by the Nazis to address the Jewish Question, and after the fall of the Third Reich, by the Allies to redraw the boundaries of Eastern Europe’s nation-states, cleansing them of their minorities. After Nuremberg the template was used to preserve the idea of the Jews as a separate nation. By establishing Israel through the minoritization of Palestinian Arabs, Zionist settlers followed the North American example. The result has been another cycle of violence. Neither Settler nor Native offers a vision for arresting this historical process. Mamdani rejects the “criminal” solution attempted at Nuremberg, which held individual perpetrators responsible without questioning Nazism as a political project and thus the violence of the nation-state itself. Instead, political violence demands political solutions: not criminal justice for perpetrators but a rethinking of the political community for all survivors—victims, perpetrators, bystanders, beneficiaries—based on common residence and the commitment to build a common future without the permanent political identities of settler and native. Mamdani points to the anti-apartheid struggle in South Africa as an unfinished project, seeking a state without a nation.


The Oxford Handbook of the History of International Law

The Oxford Handbook of the History of International Law

Author: Bardo Fassbender

Publisher: OUP Oxford

Published: 2012-11-01

Total Pages: 1272

ISBN-13: 019163252X

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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.


International Criminal Law—A Counter-Hegemonic Project?

International Criminal Law—A Counter-Hegemonic Project?

Author: Florian Jeßberger

Publisher: Springer Nature

Published: 2022-11-25

Total Pages: 283

ISBN-13: 9462655510

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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.


The Process of International Legal Reproduction

The Process of International Legal Reproduction

Author: Rose Parfitt

Publisher: Cambridge University Press

Published: 2019-01-17

Total Pages: 541

ISBN-13: 1316515192

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Radical international legal history of the expansionary project of statehood and its role in generating profound distributional inequalities


Capitalism As Civilisation

Capitalism As Civilisation

Author: Ntina Tzouvala

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 277

ISBN-13: 1108497187

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Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.


Minority Rights and Liberal Democratic Insecurities

Minority Rights and Liberal Democratic Insecurities

Author: Anna-Mária Bíró

Publisher: Taylor & Francis

Published: 2022-11-11

Total Pages: 278

ISBN-13: 1000781429

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This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.