Mestizo International Law


Book Description

The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.




Intertemporality and the Law of Treaties


Book Description

The purpose of this book is to examine a neglected area of treaty law: how is that law to deal with changes in the legal and factual environment of a treaty over a relatively lengthy time from the time it was made until the time it has to be applied? Concepts such as the intertemporal law and critical dates from territorial disputes may also be of relevance to treaties. With regard to the application of treaties, the rules concerning their validity or termination inevitably introduce temporal issues. As for the interpretation of treaties, perceptions of them are bound to change over time, not least because of factors extrinsic to a particular instrument. In the case of treaties of a law-making or constitutional nature, changing or emerging community values may well influence the outcome of the interpretative process. Finally, the question is addressed of whether it is appropriate for our interpreter to rely so heavily upon Articles 31 and 32 of the Vienna Convention on the Law of Treaties 1969 in the case of treaties concluded in a much earlier era.




The Decolonization of International Law


Book Description

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.







Capitalism As Civilisation


Book Description

Methodologically and theoretically innovative, this monograph draws from Marxism and deconstruction bringing together the textual and the material in our understanding of international law. Approaching 'civilisation' as an argumentative pattern related to the distribution of rights and duties amongst different communities, Ntina Tzouvala illustrates both its contradictory nature and its pro-capitalist bias. 'Civilisation' is shown to oscillate between two poles. On the one hand, a pervasive 'logic of improvement' anchors legal equality to demands that non-Western polities undertake extensive domestic reforms and embrace capitalist modernity. On the other, an insistent 'logic of biology' constantly postpones such a prospect based on ideas of immutable difference. By detailing the tension and synergies between these two logics, Tzouvala argues that international law incorporates and attempts to mediate the contradictions of capitalism as a global system of production and exchange that both homogenises and stratifies societies, populations and space.