Imperialism, Sovereignty and the Making of International Law

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Cambridge University Press, Feb 3, 2005 - Law - 356 pages
This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.
 

Contents

Introduction
1
1 Francisco de Vitoria and the colonial origins of international law
13
colonialism in nineteenthcentury international law
32
the Mandate System of the League of Nations
115
4 Sovereignty and the postcolonial state
196
5 Governance and globalization civilization and commerce
245
6 On Making War on the Terrorist imperialism as selfdefence
273
Conclusion
310
Bibliography
321
Index
342
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About the author (2005)

Professor of Law at the S. J. Quinney School of Law, University of Utah.

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