Differing interpretations of the history of the United Nations on the one hand conceive of it as an instrument to promote colonial interests while on the other emphasize its influence in facilitating self-determination for dependent territories. The authors in this book explore this dynamic in order to expand our understanding of both the achievements and the limits of international support for the independence of colonized peoples. This book will prove foundational for scholars and students of modern history, international history, and postcolonial history.
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.
Gibraltar is an Overseas Territory of the UK within the EU, which has for three centuries been at the centre of a dispute between Britain and Spain, a dispute based on traditional perceptions of sovereignty. Hitherto the dispute has been managed in a predominantly bilateral way, but this has prevented the people of Gibraltar having an equal say on the issue of Gibraltar's sovereignty and decolonisation. It has produced a paradox of governance and constitutionalism that encases the Gibraltar people. This book considers the effects of sovereignty and the culture of bilateralism on the dispute, and examines the resulting deficits of governance and democracy. In assessing the evolution of the themes underlying the dispute it asks how its resolution might be facilitated by the application of ideas drawn from the modern legal context of late sovereignty, pluralism and stateless nationalism, suggesting that a productive trilateral approach and recognition of the legal and societal context could enable an enduring settlement. The author marries theories from international relations, constitutional law and public international law in the context of modern literature on sovereignty and nationalism, applying these theories to the case-study of Gibraltar with emphasis on constitutionalism in its international and EU context to produce a ground-breaking addition to the literature on stateless nationalism, late sovereignty and constitutional pluralism. As such it also complements recent studies of sub-state societies, regions or nations within Europe and elsewhere, including Catalunya, the Basque Country and Scotland and Wales, and in the broader Commonwealth context, other British overseas territories. This book will be of interest to lawyers, political scientists, constitutional historians and constitutionalists.
Statehood in the early 21st century remains as much a central problem now as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
The end of colonial rule in Asia, Africa, and the Caribbean was one of the most important and dramatic developments of the twentieth century. In the decades after World War II, dozens of new states emerged as actors in global politics. Long-established imperial regimes collapsed, some more or less peacefully, others amid mass violence. This book takes an incisive look at decolonization and its long-term consequences, revealing it to be a coherent yet multidimensional process at the heart of modern history. Jan Jansen and Jürgen Osterhammel trace the decline of European, American, and Japanese colonial supremacy from World War I to the 1990s. Providing a comparative perspective on the decolonization process, they shed light on its key aspects while taking into account the unique regional and imperial contexts in which it unfolded. Jansen and Osterhammel show how the seeds of decolonization were sown during the interwar period and argue that the geopolitical restructuring of the world was intrinsically connected to a sea change in the global normative order. They examine the economic repercussions of decolonization and its impact on international power structures, its consequences for envisioning world order, and the long shadow it continues to cast over new states and former colonial powers alike. Concise and authoritative, Decolonization is the essential introduction to this momentous chapter in history, the aftershocks of which are still being felt today. --
Postwar multilateral cooperation is often viewed as an attempt to overcome the limitations of the nation-state system. However, in 1945, when the United Nations was founded, large parts of the world were still under imperial control. Building States investigates how the UN tried to manage the dissolution of European empires in the 1950s and 1960s—and helped transform the practice of international development and the meaning of state sovereignty in the process. Eva-Maria Muschik argues that the UN played a key role in the global proliferation and reinvention of the nation-state in the postwar era, as newly independent states came to rely on international assistance. Drawing on previously untapped primary sources, she traces how UN personnel—usually in close consultation with Western officials—sought to manage decolonization peacefully through international development assistance. Examining initiatives in Libya, Somaliland, Bolivia, the Congo, and New York, Muschik shows how the UN pioneered a new understanding and practice of state building, presented as a technical challenge for international experts rather than a political process. UN officials increasingly took on public-policy functions, despite the organization’s mandate not to interfere in the domestic affairs of its member states. These initiatives, Muschik suggests, had lasting effects on international development practice, peacekeeping, and post-conflict territorial administration. Casting new light on how international organizations became major players in the governance of developing countries, Building States has significant implications for the histories of decolonization, the Cold War, and international development.
