Mestizo International Law
Mestizo International Law

Author: Arnulf Becker Lorca

Publisher: Cambridge University Press

Published: 2015-01-01

Total Pages: 421

ISBN-13: 1316194051

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The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.

Mestizo International Law
Mestizo International Law

Author: Arnulf Becker Lorca

Publisher: Cambridge University Press

Published: 2014

Total Pages: 421

ISBN-13: 052176338X

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This book explores the historical origins of international law, with a focus on the contributions and participation of non-Western people.

Global Private International Law
Global Private International Law

Author: Horatia Muir Watt,

Publisher: Edward Elgar Publishing

Published:

Total Pages: 637

ISBN-13: 1788119231

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Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.

The Concept of Cultural Genocide
The Concept of Cultural Genocide

Author: Elisa Novic

Publisher: Oxford University Press

Published: 2016

Total Pages: 289

ISBN-13: 0198787162

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Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.

The Hidden History of International Law in the Americas
The Hidden History of International Law in the Americas

Author: Dr. Juan Pablo Scarfi

Publisher: Oxford University Press

Published: 2017-03-15

Total Pages: 281

ISBN-13: 0190622369

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International law has played a crucial role in the construction of imperial projects. Yet within the growing field of studies about the history of international law and empire, scholars have seldom considered this complicit relationship in the Americas. The Hidden History of International Law in the Americas offers the first exploration of the deployment of international law for the legitimization of U.S. ascendancy as an informal empire in Latin America. This book explores the intellectual history of a distinctive idea of American international law in the Americas, focusing principally on the evolution of the American Institute of International Law (AIIL). This organization was created by U.S. and Chilean jurists James Brown Scott and Alejandro Alvarez in Washington D.C. for the construction, development, and codification of international law across the Americas. Juan Pablo Scarfi examines the debates sparked by the AIIL over American international law, intervention and non-intervention, Pan-Americanism, the codification of public and private international law and the nature and scope of the Monroe Doctrine, as well as the international legal thought of Scott, Alvarez, and a number of jurists, diplomats, politicians, and intellectuals from the Americas. Professor Scarfi argues that American international law, as advanced primarily by the AIIL, was driven by a U.S.-led imperial aspiration of civilizing Latin America through the promotion of the international rule of law. By providing a convincing critical account of the legal and historical foundations of the Inter-American System, this book will stimulate debate among international lawyers, IR scholars, political scientists, and intellectual historians.

Global Intellectual History
Global Intellectual History

Author: Samuel Moyn

Publisher: Columbia University Press

Published: 2013-06-25

Total Pages: 354

ISBN-13: 0231160488

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Where do ideas fit into historical accounts that take an expansive, global view of human movements and events? Teaching scholars of intellectual history to incorporate transnational perspectives into their work, while also recommending how to confront the challenges and controversies that may arise, this original resource explains the concepts, concerns, practice, and promise of "global intellectual history," featuring essays by leading scholars on various approaches that are taking shape across the discipline. The contributors to Global Intellectual History explore the different ways in which one can think about the production, dissemination, and circulation of "global" ideas and ask whether global intellectual history can indeed produce legitimate narratives. They discuss how intellectuals and ideas fit within current conceptions of global frames and processes of globalization and proto-globalization, and they distinguish between ideas of the global and those of the transnational, identifying what each contributes to intellectual history. A crucial guide, this collection sets conceptual coordinates for readers eager to map an emerging area of study.

Is International Law International?
Is International Law International?

Author: Anthea Roberts

Publisher: Oxford University Press

Published: 2017

Total Pages: 433

ISBN-13: 0190696419

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This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

Politics and the Histories of International Law
Politics and the Histories of International Law

Author:

Publisher: BRILL

Published: 2021-07-19

Total Pages: 513

ISBN-13: 9004461809

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This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.