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International Law and Empire: Historical Explorations

Edited by:  Martti Koskenniemi, Walter Rech, Manuel Jiménez Fonseca

ISBN13: 9780198795575
Published: January 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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In times in which global governance in its various forms, such as human rights, international trade law, and development projects, is increasingly promoted by transnational economic actors and international institutions that seem to be detached from democratic processes of legitimation, the question of the relationship between international law and empire is as topical as ever.

By examining this relationship in historical contexts from early modernity to the present, this volume aims to deepen current understandings of the way international legal institutions, practices, and narratives have shaped specifically imperial ideas about and structures of world governance.

As it explores fundamental ways in which international legal discourses have operated in colonial as well as European contexts, the book enters a heated debate on the involvement of the modern law of nations in imperial projects.

Each of the chapters contributes to this emerging body of scholarship by drawing out the complexity and ambivalence of the relationship between international law and empire. They expand on the critique of western imperialism while acknowledging the nuances and ambiguities of international legal discourse and, in some cases, the possibility of counter-hegemonic claims being articulated through the language of international law.

Importantly, as the book suggests that international legal argument may sometimes be used to counter imperial enterprises, it maintains that international law can barely escape the Eurocentric framework within which the progressive aspirations of internationalism were conceived

Subjects:
Public International Law, Legal History
Contents:
Introduction, Martti Koskenniemi

Part I: Epistemologies of Empire and International Law
1: Provincializing Grotius: International Law and Empire in a Seventeenth-Century Malay Mirror, Arthur Weststeijn
2: Indirect Hegemonies in International Legal Relations: The Debate of Religious Tolerance in Early Republican China, Stefan Kroll
3: International Law, Empire, and the Relative Indeterminacy of Narrative, Walter Rech

Part II: Legal Discourses of Empire
4: The Concepts of Universal Monarchy and Balance of Power in the First Half of the Seventeenth Century-a Case Study, Peter Schröder
5: Between Faith and Empire: The Justification of the Spanish Intervention in the French Wars of Religion in the 1590s, Randall Lesaffer
6: Jus gentium and the Transformation of Latin American Nature: One More Reading of Vitoria?, Manuel Jiménez Fonseca
7: Cerberus: The State, the Empire, and the Company as Subjects of International Law in Grotius and the Peace of Westphalia, José-Manuel Barreto
8: Revolution, Empire, and Utopia: Tocqueville and the Intellectual Background of International Law, Julie Saada

Part III: Managing Empire: Imperial Administration and Diplomacy
9: Towards the Empire of a 'Civilizing Nation': The French Revolution and its Impact on Relations with the Ottoman Regencies in the Maghreb, Christian Windler
10: A Comporting Sovereign, Tribes, and the Ordering of Imperial Authority in Colonial Upper Canada of the 1830s, PG McHugh
11: Territory, Sovereignty, and the Construction of the Colonial Space, Luigi Nuzzo

Part IV: A Legal Critique of Empire?
12: An Anti-Imperialist Universalism? Jus Cogens and the Politics of International Law, Umut Özsu
13: Drift towards an Empire? The Trajectory of American Reformers in the Cold War, Hatsue Shinohara
14: Imperium sine fine: Carneades, the Splendid Vice of Glory, and the Justice of Empire, Benjamin Straumann
15: Scepticism of the Civilizing Mission in International Law, Andrew Fitzmaurice

Series: The History and Theory of International Law

Socialism and International Law: The Cold War and Its Legacies ISBN 9780198920175
To be published December 2024
Oxford University Press
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Hobbes on Justice ISBN 9780198867982
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Oxford University Press
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Preparing for War: The Making of the 1949 Geneva Conventions ISBN 9780198912613
Published January 2024
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Sovereignty, International Law, and the Princely States of Colonial South Asia ISBN 9780192866585
Published June 2023
Oxford University Press
£90.00
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£99.00
Preparing for War: The Making of the 1949 Geneva Conventions ISBN 9780198868071
Published February 2022
Oxford University Press
£110.00
Preparing for War: The Making of the 1949 Geneva Conventions (eBook) ISBN 9780192638397
Published February 2022
Oxford University Press
£58.39
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The Invention of Custom: Natural Law and the Law of Nations, ca. 1550-1750 (eBook) ISBN 9780192652829
Published December 2021
Oxford University Press
£72.50
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The Invention of Custom: Natural Law and the Law of Nations, ca. 1550-1750 ISBN 9780192897954
Published December 2021
Oxford University Press
£99.00
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The Right of Sovereignty: Jean Bodin on the Sovereign State and the Law of Nations ISBN 9780198755531
Published August 2021
Oxford University Press
£99.00
£105.00
The Battle for International Law: South-North Perspectives on the Decolonization Era ISBN 9780198849636
Published October 2019
Oxford University Press
£130.00
£32.99
The New Histories of International Criminal Law: Retrials ISBN 9780198829638
Published March 2019
Oxford University Press
£105.00
Law and the Political Economy of World Hunger ISBN 9780198823940
Published February 2019
Oxford University Press
£99.00
£95.00
Nineteenth Century Perspectives on Private International Law ISBN 9780198819844
Published August 2018
Oxford University Press
£105.00
£117.50
The Hidden History of International Law in the Americas: Empire and Legal Networks ISBN 9780190622343
Published May 2017
Oxford University Press USA
£100.00
The Law of Nations in Global History ISBN 9780198766070
Published March 2017
Oxford University Press
£120.00
To Reform the World: International Organizations and the Making of Modern States ISBN 9780198757962
Published February 2017
Oxford University Press
£117.50
Formalizing Dispossession: International Law and Population Transfers ISBN 9780198717430
Published December 2014
Oxford University Press
£112.50
Formalizing Dispossession: International Law and Population Transfers (eBook) ISBN 9780191026898
Published December 2014
Oxford University Press
£81.67
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The Project of Positivism in International Law ISBN 9780199685202
Published November 2013
Oxford University Press
£137.50
The Project of Positivism in International Law (eBook) ISBN 9780191508318
Published November 2013
Oxford University Press
£100.00
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