Human Rights in Africa

From the OAU to the African Union

Author: Rachel Murray

Publisher: Cambridge University Press

ISBN: 9781139456333

Category: Political Science

Page: N.A

View: 9544

This work examines the role of the Organization of African Unity, now the African Union, and how it has dealt with human rights since its inception in 1963. It considers the role of its main institutions both under the OAU and its transformation into the African Union. The book is divided into chapters examining various themes including the rights of women, the rights of the child, the concept of democracy and the right to development. Written by a leading human rights scholar, this book is essential reading for lawyers acting for African states, and for foreign governments and NGOs active in Africa, as well as being of interest to international and comparative human rights scholars.
Posted in Political Science

Boundaries of the International

Law and Empire

Author: Jennifer Pitts

Publisher: Harvard University Press

ISBN: 0674980816

Category: History

Page: 188

View: 7382

It is commonly believed that international law originated in respectful relations among free and equal European states. But as Jennifer Pitts shows, international law was forged as much through Europeans' domineering relations with non-European states and empires, leaving a legacy visible in the unequal structures of today's international order.
Posted in History

Decolonising International Law

Development, Economic Growth and the Politics of Universality

Author: Sundhya Pahuja

Publisher: Cambridge University Press

ISBN: 1139502069

Category: Law

Page: N.A

View: 4822

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
Posted in Law

Legal Imperialism

Sovereignty and Extraterritoriality in Japan, the Ottoman Empire, and China

Author: Turan Kayaoğlu

Publisher: Cambridge University Press

ISBN: 0521765919

Category: Law

Page: 237

View: 9950

Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
Posted in Law

Outlawed Pigs

Law, Religion, and Culture in Israel

Author: Daphne Barak-Erez

Publisher: Univ of Wisconsin Press

ISBN: 9780299221638

Category: Religion

Page: 200

View: 6413

The prohibition against pigs is one of the most powerful symbols of Jewish culture and collective memory. Outlawed Pigs explores how the historical sensitivity of Jews to the pig prohibition was incorporated into Israeli law and culture. Daphne Barak-Erez specifically traces the course of two laws, one that authorized municipalities to ban the possession and trading in pork within their jurisdiction and another law that forbids pig breeding throughout Israel, except for areas populated mainly by Christians. Her analysis offers a comprehensive, decade-by-decade discussion of the overall relationship between law and culture since the inception of the Israeli nation-state. By examining ever-fluctuating Israeli popular opinion on Israel's two laws outlawing the trade and possession of pigs, Barak-Erez finds an interesting and accessible way to explore the complex interplay of law, religion, and culture in modern Israel, and more specifically a microcosm for the larger question of which lies more at the foundation of Israeli state law: religion or cultural tradition.
Posted in Religion

Mestizo International Law

A Global Intellectual History 1842–1933

Author: Arnulf Becker Lorca

Publisher: Cambridge University Press

ISBN: 1316194051

Category: Law

Page: N.A

View: 3717

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.
Posted in Law

International Human Rights and Islamic Law

Author: Mashood A. Baderin

Publisher: OUP Oxford

ISBN: 0191021822

Category: Law

Page: 302

View: 9108

This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect.
Posted in Law

Protection and Empire

Author: Lauren Benton,Adam Clulow,Bain Attwood

Publisher: Cambridge University Press

ISBN: 1108417868

Category: History

Page: N.A

View: 4833

This book situates protection at the centre of the global history of empires, thus advancing a new perspective on world history.
Posted in History

The Oxford Handbook of the Theory of International Law

Author: Anne Orford,Florian Hoffmann

Publisher: Oxford University Press

ISBN: 019100555X

Category: Law

Page: 1000

View: 4381

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Posted in Law

Sugar and the Making of International Trade Law

Author: Michael Fakhri

Publisher: Cambridge University Press

ISBN: 1107040523

Category: Law

Page: 278

View: 9487

"Comparative law is increasingly used as a tool in the making of law at national, regional and international levels. Private international law is now often affected by international conventions, and the issues faced by classical conflicts rules are frequently dealt with by substantive harmonisation of law under international auspices"--
Posted in Law

Empire, Emergency and International Law

Author: John Reynolds

Publisher: Cambridge University Press

ISBN: 1316781100

Category: Law

Page: N.A

View: 4345

What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.
Posted in Law

Sovereign Emergencies

Latin America and the Making of Global Human Rights Politics

Author: Patrick William Kelly

Publisher: Cambridge University Press

ISBN: 1107163242

Category: History

Page: 320

View: 5422

Shows how Latin America was the crucible of the global human rights revolution of the 1970s.
Posted in History

Between Equal Rights

A Marxist Theory of International Law

Author: China Miéville

Publisher: Haymarket Books

ISBN: 1931859337

Category: Law

Page: 375

View: 7565

Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view.
Posted in Law

Chinese Law in Imperial Eyes

Sovereignty, Justice, and Transcultural Politics

Author: Li Chen

Publisher: Columbia University Press

ISBN: 0231540213

Category: History

Page: 400

View: 1015

How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
Posted in History

The Verdict of Battle

The Law of Victory and the Making of Modern War

Author: James Q. Whitman

Publisher: Harvard University Press

ISBN: 0674071875

Category: History

Page: 300

View: 1432

Slaughter in battle was once seen as a legitimate way to settle disputes. When pitched battles ceased to exist, the law of victory gave way to the rule of unbridled force. Whitman explains why ritualized violence was more effective in ending carnage, and why humanitarian laws that view war as evil have led to longer, more barbaric conflicts.
Posted in History

Quest for Power

European Imperialism and the Making of Chinese Statecraft

Author: Stephen R. Halsey

Publisher: Harvard University Press

ISBN: 0674915062

Category: History

Page: N.A

View: 6145

China’s late-imperial history has been framed as a long coda of decline, played out during the Qing dynasty. Reappraising this narrative, Stephen Halsey traces the origins of China’s current great-power status to this so-called decadent era, when threats of war with European and Japanese empirestriggered innovative state-building and statecraft.
Posted in History

The Gentle Civilizer of Nations

The Rise and Fall of International Law 1870–1960

Author: Martti Koskenniemi

Publisher: Cambridge University Press

ISBN: 9781139429436

Category: Law

Page: N.A

View: 2837

International law was born from the impulse to 'civilize' late nineteenth-century attitudes towards race and society, argues Martti Koskenniemi in this extensive study of the rise and fall of modern international law. In a work of wide-ranging intellectual scope, now available for the first time in paperback, Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late nineteenth century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures (including Hans Kelsen, Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau); he also considers the role of crucial institutions (the Institut de droit international, the League of Nations). His discussion of legal and political realism at American law schools ends in a critique of post-1960 'instrumentalism'. This book provides a unique reflection on the possibility of critical international law today.
Posted in Law

Negotiating with Imperialism

The Unequal Treaties and the Culture of Japanese Diplomacy

Author: Michael R. Auslin

Publisher: Harvard University Press

ISBN: 9780674020313

Category: History

Page: 276

View: 2078

Japan's modern international history began in 1858 with the signing of the "unequal" commercial treaty with the United States. Over the next fifteen years, Japanese diplomacy was reshaped to respond to the Western imperialist challenge. "Negotiating with Imperialism" is the first book to explain the emergence of modern Japan through this early period of treaty relations. Michael Auslin dispels the myth that the Tokugawa "bakufu" was diplomatically incompetent. Refusing to surrender to the West's power, "bakufu" diplomats employed negotiation as a weapon to defend Japan's interests. Tracing various visions of Japan's international identity, Auslin examines the evolution of the culture of Japanese diplomacy. Further, he demonstrates the limits of nineteenth-century imperialist power by examining the responses of British, French, and American diplomats. After replacing the Tokugawa in 1868, Meiji leaders initially utilized bakufu tactics. However, their 1872 failure to revise the treaties led them to focus on domestic reform as a way of maintaining independence and gaining equality with the West. In a compelling analysis of the interplay among assassinations, Western bombardment of Japanese cities, fertile cultural exchange, and intellectual discovery, Auslin offers a persuasive reading of the birth of modern Japan and its struggle to determine its future relations with the world.
Posted in History

Rage for Order

Author: Lauren Benton,Lisa Ford

Publisher: Harvard University Press

ISBN: 0674972805

Category: Law

Page: 264

View: 3874

Lauren Benton and Lisa Ford find the origins of international law in empires, especially in the British Empire’s sprawling efforts to refashion the imperial constitution and reorder the world. These attempts touched on all the issues of the early nineteenth century, from slavery to revolution, and changed the way we think about the empire’s legacy.
Posted in Law