The Battle for International Law
South-North Perspectives on the Decolonization Era
The Battle for International Law
South-North Perspectives on the Decolonization Era
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Omschrijving
This edited collection represents the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process, which brought a new perspective on topics such as self-determination, wars of national liberation, and multinational corporations.
The volume is divided into two basic sections: I. Sites of Battle, and II. Individual Protagonists and Regional Perspectives. The Sites include the de-legitimation of alleged pre-independence rules; condemning metropole interventions as aggression; banning racial discrimination and using human rights as a discursive weapon; reconfiguring the world economic system; and pursuing the common heritage of mankind. The protagonists were legal scholars and institutions.
This volume provides a comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process.
In the present moment of heightened scepticism about the liberatory potential of both international law and formal decolonisation, the volume's critical redescription of the tactics employed by Western actors to delegitimise newly decolonised states' efforts to transform international law is highly relevant... As a whole, the volume offers a provocation to pay attention to 'how legal forms emerge and are stabilized as authoritative, and to what might be at stake in that stabilization'... Ultimately, the volume's assessment of Third World actors' varied and overlapping attacks on colonial international law, and the reaction to it, helps us understand the persistent 'oscillation between inclusion and exclusion, recognition and rejection, universalization and particularization' that characterises international law today.
Jochen von Bernstorff is currently the Dean of the Tübingen Law Faculty (since 2018), holds the Chair for Constitutional law, International Law and Human Rights (since 2011), and has taught international law as a visiting professor at the German Federal Foreign Office Academy Berlin, Université Panthéon-Assas (institut des hautes études internationales), Université Aix-Marseille and National Taiwan University Taipei. He has acted as a consultant for the German Government and various UN-institutions on human rights, development and international environmental law issues. Philipp Dann holds the Chair of Public and Comparative Law at Humboldt University Berlin (since 2014) and is principal investigator in the Cluster of Excellence 'Contestations of the Liberal Script' (since 2019). He holds degrees from Frankfurt University (PhD and post-doctoral Habilitation) and Harvard Law School (LL.M.) and has taught German, European and public international law in Germany, France, India, Kenya, the Sudan and the US.
The volume is divided into two basic sections: I. Sites of Battle, and II. Individual Protagonists and Regional Perspectives. The Sites include the de-legitimation of alleged pre-independence rules; condemning metropole interventions as aggression; banning racial discrimination and using human rights as a discursive weapon; reconfiguring the world economic system; and pursuing the common heritage of mankind. The protagonists were legal scholars and institutions.
This volume provides a comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process.
In the present moment of heightened scepticism about the liberatory potential of both international law and formal decolonisation, the volume's critical redescription of the tactics employed by Western actors to delegitimise newly decolonised states' efforts to transform international law is highly relevant... As a whole, the volume offers a provocation to pay attention to 'how legal forms emerge and are stabilized as authoritative, and to what might be at stake in that stabilization'... Ultimately, the volume's assessment of Third World actors' varied and overlapping attacks on colonial international law, and the reaction to it, helps us understand the persistent 'oscillation between inclusion and exclusion, recognition and rejection, universalization and particularization' that characterises international law today.
Jochen von Bernstorff is currently the Dean of the Tübingen Law Faculty (since 2018), holds the Chair for Constitutional law, International Law and Human Rights (since 2011), and has taught international law as a visiting professor at the German Federal Foreign Office Academy Berlin, Université Panthéon-Assas (institut des hautes études internationales), Université Aix-Marseille and National Taiwan University Taipei. He has acted as a consultant for the German Government and various UN-institutions on human rights, development and international environmental law issues. Philipp Dann holds the Chair of Public and Comparative Law at Humboldt University Berlin (since 2014) and is principal investigator in the Cluster of Excellence 'Contestations of the Liberal Script' (since 2019). He holds degrees from Frankfurt University (PhD and post-doctoral Habilitation) and Harvard Law School (LL.M.) and has taught German, European and public international law in Germany, France, India, Kenya, the Sudan and the US.