Decolonizing Law
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Decolonizing Law
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Author : Sujith Xavier
language : en
Publisher: Routledge
Release Date : 2021-05-24
Decolonizing Law written by Sujith Xavier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
Decolonising International Law
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Author : Sundhya Pahuja
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-29
Decolonising International Law written by Sundhya Pahuja and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-29 with Law categories.
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.
The Decolonization Of International Law
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Author : Matthew Craven
language : en
Publisher: Oxford University Press
Release Date : 2007
The Decolonization Of International Law written by Matthew Craven and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Against the backdrop of decolonisation and the territorial adjustments of the 1990s, the issue of state succession continues to be a complex focal point for public international law. This book re-assesses the foundations of the law of succession, assessing the attempts, and failures to achieve a codified body of law.
The Battle For International Law
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Author : Jochen von Bernstorff
language : en
Publisher: Oxford University Press
Release Date : 2019-10-22
The Battle For International Law written by Jochen von Bernstorff and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-22 with Law categories.
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.
Completing Humanity
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Author : Umut Özsu
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-31
Completing Humanity written by Umut Özsu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-31 with Law categories.
Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.
A Third Way
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Author : Hillary M. Hoffmann
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-23
A Third Way written by Hillary M. Hoffmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Law categories.
This thorough legal resource guides those pushing the frontlines of the nation's oldest battle: the fight to protect indigenous cultures.
State Failure Sovereignty And Effectiveness
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Author : Gérard Kreijen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2004
State Failure Sovereignty And Effectiveness written by Gérard Kreijen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.
Completing Humanity
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Author : Umut Özsu
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-30
Completing Humanity written by Umut Özsu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-30 with Law categories.
After the Second World War, the dissolution of European empires and emergence of 'new states' in Asia, Africa, Oceania, and elsewhere necessitated large-scale structural changes in international legal order. In Completing Humanity, Umut Özsu recounts the history of the struggle to transform international law during the twentieth century's last major wave of decolonization. Commencing in 1960, with the General Assembly's landmark decolonization resolution, and concluding in 1982, with the close of the third UN Conference on the Law of the Sea and the onset of the Latin American debt crisis, the book examines the work of elite international lawyers from newly independent states alongside that of international law specialists from 'First World' and socialist states. A study in modifications to legal theory and doctrine over time, it documents and reassesses post-1945 decolonization from the standpoint of the 'Third World' and the jurists who elaborated and defended its interests.
The Routledge International Handbook On Decolonizing Justice
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Author : Chris Cunneen
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-03
The Routledge International Handbook On Decolonizing Justice written by Chris Cunneen and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-03 with Political Science categories.
The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global • State terror and violence • Abolishing the carceral • Transforming and decolonizing justice • Disrupting epistemic violence This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Decolonizing Constitutionalism
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Author : Boaventura de Sousa Santos
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Decolonizing Constitutionalism written by Boaventura de Sousa Santos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Political Science categories.
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.