Spyder Notes- Colonialism - COLONIALISM AND INTERNATIONAL...

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COLONIALISM AND INTERNATIONAL LAW *Colonialism to a large degree absent from intl legal history, only becomes apparent in 19th century when de-colonization movement starts. Might infer that intl law's only connection was in dismantling colonialism. *From Shaw and Evans, it looks like intl law confronts empire, not involved in its creation. Important strand today challenging this assumption and arguing colonialism has intimate connection with intl law. IDEAS: 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: Intl law is, in part, a colonial construct. Intl law has been decisively shaped by colonialism in a variety of ways. - Intl law helped to shape colonialism and colonialism helped to shape intl law. * CONTEXT- Post-colonial theory- concerned with processes of colonialism and its contemporary legacies in post-independence/contemporary states and communities. One aspect: how colonial rule was legitimated and what part intl law played in that regard. After colonialism formally ended, idea that its effects may be ongoing. -A. Anghie- intl law was created out of the unique issues generated by the encounter btwn the spanish and the indians. 1) terra nullius, cession (treaty), and just war/conquest. -Terra nullius- used to wipe peoples off legal map, land which was in question is
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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Spyder Notes- Colonialism - COLONIALISM AND INTERNATIONAL...

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