COLONIALISM and INTERNATIONAL LAW

COLONIALISM and INTERNATIONAL LAW - COLONIALISM...

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Colonialism to a large degree remains absent from international legal history; only becomes apparent in 19th century when de-colonization movement starts. One might infer that international laws only connection was in dismantling colonialism. From Shaw/Evans, it appears like intl law confronts empire, not involved in its creation. Important strand today challenging this assumption and arguing colonialism has intimate connection with international law. TWO ARGUMENTS: 1) in contrast to narrative of Evans/Shaw, we need to regard colonialism as in part a legal construct. Must evaluate how intl law served as an enabling framework serving to facilitate colonialism. 2) Reverse: International law, is in part, a colonial construct. Intl law has been decisively shaped by colonialism in variety of ways. CONTEXT- 'post-colonial theory'-concerned with contemporary legacies/effects of colonialism in post-independence states. One aspect: How colonial rule was legitimated and what part international law played in that regard. Anthony Anghie- intl law was created out of the unique issues generated by encounter between Spanish and indigenous. 1) terra nullius - used to wipe peoples off the legal map, land which was in question is "virgin" land even if peoples had been in territory for millenia. For intl law purposes, indigenous lands prior to any colonial presence were considered legally
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COLONIALISM and INTERNATIONAL LAW - COLONIALISM...

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