imperialism sovereignty and the making of international law pdf

... institutions: the Mandate System of the League vii Trang 10The League of Nations and the new international law 123 The Mandate System and the construction of the The legacies of the Mandate System: ... Whewell Professor of International Law, Faculty of Law, and Director, Lauterpacht Research Centre for International Law, University of Cambridge John S Bell FBA Professor of Law, Faculty of Law, University ... ‘Colonialismand the Birth of International Institutions: Sovereignty, Economy and the Mandate System of the League of Nations’, 34(3) New York University Journal of International Law and Politics

Ngày tải lên: 05/08/2014, 22:20

... essential to the membership of the family of nations.85The tribes remain outside the realm of international law, not so muchbecause they lack sovereignty, but because they are wanting in theother characteristics ... extended to the lower classes and the dissolute members of the aristocracy of the imperial centre: 94 On these efforts and the importance attached to them, see Oppenheim, ‘The Science of International ... efficacy, coherenceand utility of international law free of the ubiquitous and unanswerableAustinian objections.95 In short, the colonies offered international lawthe same opportunity they traditionally

Ngày tải lên: 05/08/2014, 22:20

... in the first place.229 In effect, Europe is the subject of sovereignty and non-Europe theobject of sovereignty Acceptance of these premises the primacy ofsovereignty and the identification of ... account of the beginnings of the doctrine of recognition in the eighteenth and early nineteenth centuries and how this corresponded with the emergence of positivism, see Alexandrowicz, ‘The Theory of ... argues.235 The nineteenth century is the age of science,the application of industry for the betterment and progress of humansociety We see here, then, the suggestion of the idea that internationallaw

Ngày tải lên: 05/08/2014, 22:20

... self-government of the mandate territory, on the one hand, and a prob- lematic form of economic development, on the other. Reinterpreting the relationship between colonialism and international law The liberal ... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate ... broadly, the Mandate System generated a debate among international lawyers on therole of their discipline in legitimizing colonial conquest. The cre- ation and operation of the Mandate System, then,

Ngày tải lên: 05/08/2014, 22:20

... Rather, the dominance of the eco- nomic, as discussed, profoundly altered the whole system of legitimacy, of authority, and of the meaning that held mandate societies together. The doctor and ... trilogy of novels Regeneration, The Eye in the Door and The Ghost Road. 176 imperialism, sovereignty and international law representation, at least to the extent of consulting the natives as to whether ... rather than that of the Western/European states alone, and the creation of such a system of law would in itself resolve the secondary problem of whether the rules of international

Ngày tải lên: 05/08/2014, 22:20

... regulated by the laws of that government Theseagreements were not, of course, the subject of international law sincethey fell within the scope of the domestic jurisdiction of the colonialstate The acquisition ... Under the Specter of Neoliberalism’, ( 2000) 41 Harvard International Law Journal 419; Patrick M Norton, ‘Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, ... contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international economiccooperation and the maintenance of peace.54 Crucially, the same resolution

Ngày tải lên: 05/08/2014, 22:20

... the demands of the ‘modern world’ are undermined by the system of economic relationsthe mandate creates The function of the rule of law in the colonies,Furnivall observed, was to further commerce; ... international law and relations This argument of novelty isbased on an understanding of the history of international law viewed in terms of the history of the European state, even when the Europeanstate ... activities and expandthe range of issues it deals with.64 The basic intellectual division oflabour instantiated by the Mandate System persists in the operations of institutions such as the Bank and the

Ngày tải lên: 05/08/2014, 22:20

... undermined, international human rights law, internationalhumanitarian law and, most significantly, the law relating to the UNCharter and the use of force.99 And just as the novelty of the threatposed ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in anyway by international law, and the question of the powers of the SecurityCouncil ... activities in the name ofthe WAT These developments suggest a dual process: the further expan-sion, ostensibly within the framework of the UN Charter, of the powers of the large states, and a corresponding

Ngày tải lên: 05/08/2014, 22:20

... Journal of Law and Jurisprudence219 254 ‘J L Brierly and the Modernization of International Law’, (1993) 25 Vanderbilt Journal of Transnational Law881 917 Langenhove, Fernand van, The Question of ... 1946) Norton, Patrick M., ‘Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law474 505 Nussbaum, Arthur, ... The Carnegie Endowment, 1921) Lauterpacht, Hersch, The Function of Law in the International Community (Oxford: Clarendon Press, 1933) ‘The Mandate Under International Law in the Covenant of the

Ngày tải lên: 05/08/2014, 22:20

... promote international comparisons and dialogue.The purpose will be to provide the next generation of lawyers with the models andnarratives needed to understand and improve the law and justice of their ... by the “continual Use, and the Testimony of Men skilled in the Laws.”3In the nineteenth century, and in the absence of abelief in a natural or divine law underpinning all legal norms, the law of ... Todescan 3 The Sovereignty of Law in the Works of Francisco de Vitoria 45Simona Langella 4 Vitoria, the Common Good and the Limits of Political Power 63André Azevedo Alves 5 The Problem of

Ngày tải lên: 08/01/2020, 11:03

... Albania, and Slovakia on behalf of the U.S Treasury and in Kazakhstan and Azerbaijan on behalf of the International Monetary Fund THE LIMITS OF LEVIATHAN Contract Theory and the Enforcement of International ... describe both the law and economics of contracts as well as the separate discipline of the economics of contract) explains much of current practice regarding the enforcement of international law Seeking ... Scott as the Lewis F Powell Jr Professor of Law He has written extensively on international law, corruption, and the history of the Cold War, as well as on taxation and constitutional law He has

Ngày tải lên: 30/03/2020, 19:50

... Interest and the Sources of International Law Doctrine, Morality, and Non-Treaty Law Markus P Beham Demilitarization and International Law in Context The Åland Islands Sia Spiliopoulou Åkermark and ... Shaping of International Law’, 8/1 Georgia Journal of International and Comparative Law (1978) 1–25 Sohn, Louis B., ‘The New International Law: Protection of the Rights of Individuals Rather Than ... Intervention, and the Use of Force (The Collected Courses of the Academy of European Law, Vol X/2; Oxford: Oxford University Press, 2008) 179–213 Roberts, Anthea, and Sandesh Sivakumaran, ‘Lawmaking

Ngày tải lên: 16/02/2021, 14:51

... This statement ignores both the place of occurrence of the terror attacks on Israelis and the route of the Wall in the context of international law Under international law, Israel can defend only ... aspect of the problem by applying rules of international law In the past, only the General Assembly and the Security Council, which are the political organs of the United Nations, had dealt with the ... to the east of the Green Line, as the decisions of Israel's Supreme Court suggest [FN39] The principle of the primacy of international law leaves no margin of appreciation for Israel's courts they

Ngày tải lên: 20/10/2022, 09:17

... this imperialist international law. 13 The project, then, was to excise these colonial aspects of international law from the system of international law and to recreate a new, open and non-colonial international ... basis for the norms of jus gentium, and internalized in that it represents the authentic identity of the Indian. War, sovereignty and the transformation of the Indian War, the central theme of Vitoria’s ... emergence of a secular natural law the natural law which was proclaimed to be the basis of the new inter- national law is coeval with his resolution of the problem of the legal status of the Indian,...

Ngày tải lên: 19/02/2014, 05:20

... Activism, the Public Interest, and the Making of Constitutional Law larry yackle the university of chicago press chicago and london THE DOCUMENTARY CONSTITUTION 15 that we must deduce the constitutional ... warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts as the Constitution. 10 But this is sophistry and ... try again (and again and again) to succeed where they and others have failed before. My aim is primarily to organize the argu- ments and counterarguments and to expose the pretense of a documen- tary...

Ngày tải lên: 18/02/2014, 11:20

... engaged in the rationalisation and modernisation of the criminal law. On the other hand, they bear responsibility to interrogate the problems of the law, and to seek to understand its inherent ... place at the International Institute for the Sociology of Law in Onati, Spain in June 2007. The main aim of the workshop was to gather together experts in the fields of criminal law and procedure, ... that these are dialectically connected aspects of the same thing: the modern form of law. I will now outline these two aspects of modern individualist law and then contextualise the idea of the...

Ngày tải lên: 18/02/2014, 12:20

... read in the context of his loyalty to Laplace and, especially, the events of the years 1821–2. However, Biot had a long- term commitment to understanding the life and work of Newton, and the history ... scholarship. Science and Genius  is book highlights the themes of the use of Newton’s reputation in support of various interests within the scienti c community, the increasing use of his archives and the ... Fellow of the RAS and a close friend of Baily. He was Professor of Mathematics at the University of London, the non-denominational, or ‘godless’, response to the monopoly on learning of Anglican...

Ngày tải lên: 07/03/2014, 02:20

... institution of international law several questions are left unan- swered, such as the obligatory force of legal rules, the uniqueness of the modern institution of international law, the role of law in ... North America, and the rest of the world. The Politics of International Law adopt technocratic and objective approaches to the problems they ad- dress. Although both the Bank and the Fund are exclusively ... international history, international law, international ethics, institutional theory, and the application of social theory to the study of global politics. wayne sandholtz is Professor in the Department of Political...

Ngày tải lên: 07/03/2014, 11:20

... other expert assistance is required, the services of a competent professional person should be sought. Library of Congress Cataloging-in-Publication Data McHugh, Donald E. Golf and the game of ... Fellow golfers and friends—Ken Smith, Bob Lauer, and the rest of the ‘‘Tuesday Group’’—were much-appreciated cheerleaders from the first tee to the last. Chris- tine Brennan, noted author and sports ... encouragement and observations regarding the workings of the publishing industry. Adrienne Hickey of AMACOM belongs in the text of hole #12, Courage. A self-confessed nongolfer, she nonetheless saw...

Ngày tải lên: 24/12/2013, 16:15