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Colonial Wrongs and Access to International Law by Morten Bergsmo,Wolfgang Kaleck,U Kyaw Yin Hlaing Pdf
This eye-opening book invites careful reflection on how we should respond to colonial and post-colonial wrongs from the perspective of international law, in particular international criminal law. In addition to a dozen case studies, the book offers analyses based on legal concepts such as subjugation, debellatio, continuing crime, and transfer of civilians, as well as on the discourses of Third World Approaches to International Law and transitional justice. It contains a number of practical suggestions for what can be done to enhance a sense of access to international law in connection with colonial wrongs. The book has eighteen chapters organised in five parts, addressing the context of the discussion on colonial wrongs and access to international law, legal notions, Colonial Burma, other former colonial territories, and indigenous populations. You find contributions by Morten Bergsmo, Joshua Castellino, Kevin Crow, Christophe Deprez, Shannon Fyfe, Gregory S. Gordon, Brigid Inder OBE, Wolfgang Kaleck, Asad Kiyani, Kyaw Yin Hlaing, Jacques P. Leider, LING Yan, Christophe Marchand, Hugo van der Merwe, Ryan Mitchell, Annah Moyo, Mutoy Mubiala, Matthias Neuner, Narinder Singh, Gunnar Ekeløve-Slydal, Derek Tonkin, Crépine Uwashema and YANG Ken. In their foreword, the co-editors explain - with reference to lingering consequences of the slave-based economy - why the book is dedicated to "those who will transmute the legacies of colonial wrongs and slavery into a wider, world-embracing solidarity and unity". The book calls for renewed leadership in this area.
The Acquisition of Africa (1870-1914) by Mieke van der Linden Pdf
In the ‘Scramble for Africa’ during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used treaties to acquire territory. The question is raised whether Europeans did or did not on a systematic scale breach these treaties in their expansion of empire.
Justice and Reconciliation in World Politics by Catherine Lu Pdf
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?
Colonialism in Global Perspective by Kris Manjapra Pdf
A provocative, breath-taking, and concise relational history of colonialism over the past 500 years, from the dawn of the New World to the twenty-first century.
To Right Historical Wrongs by Carmela Murdocca Pdf
Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
With Good Intentions by Celia Haig-Brown,David A. Nock Pdf
With Good Intentions examines the joint efforts of Aboriginal people and individuals of European ancestry to counter injustice in Canada when colonization was at its height, from the mid-nineteenth to the early twentieth century. These people recognized colonial wrongs and worked together in a variety of ways to right them, but they could not stem the tide of European-based exploitation. The book is neither an apologist text nor an attempt to argue that some colonizers were simply "well intentioned." Almost all those considered here -- teachers, lawyers, missionaries, activists -- had as their overall goal the Christianization and civilization of Canada's First Peoples. By discussing examples of Euro-Canadians who worked with Aboriginal peoples, With Good Intentions brings to light some of the lesser-known complexities of colonization.
The Irish Yearbook of International Law, Volume 15, 2020 by Bríd Ní Ghráinne,James Gallen,Richard Collins Pdf
The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law, as well as topics with significant interest for an Irish audience. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. This volume of the Yearbook includes contributions on international humanitarian law, including intersections with international human rights law and the law of state responsibility, the concept of due diligence in international law, and the exercise of international criminal jurisdiction with specific reference to Irish law.
Ghost Dancing with Colonialism by Grace Li Xiu Woo Pdf
Some assume that Canada earned a place among postcolonial states in 1982 when it took charge of its Constitution. Yet despite the formal recognition accorded to Aboriginal and treaty rights at that time, Indigenous peoples continue to argue that they are still being colonized. Grace Woo assesses this allegation using a binary model that distinguishes colonial from postcolonial legality. She argues that two legal paradigms governed the expansion of the British Empire, one based on popular consent, the other on conquest and the power to command. Ghost Dancing with Colonialism casts explanatory light on ongoing tensions between Canada and Indigenous peoples.
Decolonization, Self-Determination, and the Rise of Global Human Rights Politics by A. Dirk Moses,Marco Duranti,Roland Burke Pdf
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
Strategic Litigation and Corporate Complicity in Crimes Under International Law by Kalika Mehta Pdf
This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential. This original analysis of the implementation and legitimacy of international criminal law will be of interest to a wide range of scholars and activists working in relevant areas of law, politics, criminology and international relations.
Author : Thomas Duve,Heikki Pihlajamäki Publisher : Max Planck Institute for European Legal History Page : 268 pages File Size : 51,5 Mb Release : 2015-12-01 Category : Law ISBN : 9783944773025
New Horizons in Spanish Colonial Law by Thomas Duve,Heikki Pihlajamäki Pdf
http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
The Rohingya, Justice and International Law by Kriangsak Kittichaisaree Pdf
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
International Criminal Law—A Counter-Hegemonic Project? by Florian Jeßberger,Leonie Steinl,Kalika Mehta Pdf
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.