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Law and conflicts over water in the Krishna River Basin
Radha D’Souza

underwent radical transformation. Indeed, it is possible to argue that the schisms internalized in the legal systems enabled new forms of imperial relations to emerge after the old forms of political colonialism ended. This paper attempts to locate the role of law within debates on the imperialist nature of world political economy after international law, through the UN Charter

in Law, history, colonialism
David Armitage

PARLIAMENT AND INTERNATIONAL LAW 9 Parliament and international law in the eighteenth century 1 David Armitage The study of parliament and international law in the eighteenth century illuminates crucial distinctions among nation, state and empire. For example, after 1603 but before 1707, the Scottish parliament in Edinburgh represented a nation but aroused English opposition whenever it tried to legislate as if Scotland were an independent state. Before 1801, the Irish parliament in Dublin represented only a very narrowly defined Irish nation and, prior to the

in Parliaments, nations and identities in Britain and Ireland, 1660–1850
Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
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Imperialism and the (de)composition of law
Peter Fitzpatrick

Americas – dominium as a combination of sovereign and proprietary title – and fathered international law – and provided a consummate legitimation for one of the more spectacularly rapacious imperial powers. Beginning with Vitoria and that ambivalence, this chapter offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. What this

in Law, history, colonialism
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Marco Barducci

, theological and legal contexts. 3 The existing historiography of Grotius’s influence on early modern English culture and society has been undertaken from three different perspectives. Each of these has explored a narrow account of the reception of specific works. One powerful investigation has focused on Grotius’s natural and international law; 4 a second has pointed to the influence of his

in Order and conflict
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Daniel Laqua

into the country’s political discourse; before the First World War, domestic debates on an abandonment of neutrality remained temporary episodes.1 Neutrality meant that the kingdom’s existence was tied to a concept in international law. In the 1860s, Emile Banning viewed the kingdom’s ‘neutralisation’ as the making of a European vocation.2 Three decades later, Edouard Descamps published a detailed study in which he portrayed neutrality as one aspect of ‘our modern international constitution’, which was influenced by the country’s location and its ‘international

in The age of internationalism and Belgium, 1880–1930
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Kevin O’Sullivan

valued by the international community for their support for collective security and the primacy of international law. In addressing the relationship between Africa and the UN, Nkrumah emphasised the need for the world organisation to take a greater responsibility in bringing peace and security to the continent. He pointed to the important role played by small states as a counter-balance to the diplomatic weight of the superpowers: ‘the collective and concerted voice of the smaller nations must be heard. It is wrong that the rest of the world should sit idly by and

in Ireland, Africa and the end of empire
A twenty-first century trial?
Dominic McGoldrick

international law committed against Serbia in respect of Kosovo?55 Moreover, what of the other members of the international community, both those which supported and sustained the former Yugoslavia, Serbia, and Milosevic,56 and those which failed to intervene to stop the ethnic cleansing and other atrocities?57 And, finally, can the independence and impartiality of the ICTY be credibly maintained? Both Milosevic and the amici have challenged the legitimacy of the process on the grounds of bias. Can it withstand the critiques of those who consider that the trial is merely

in Domestic and international trials, 1700–2000
Kropotkin’s rejection of anti
Peter Ryley

. Both engaged with the emerging social sciences to develop theories that would explain how wars arose and what was needed to stop them. These explanations fell into four main groups: free trade and non-intervention; anti-statism and anti-imperialism; international law and arbitration; and radical social change, notably socialism and feminism. Free trade and non-intervention The association between trade and peace was established liberal opinion by the mid-eighteenth century. As early as 1748 Montesquieu wrote that ‘Peace is the natural effect of trade’, binding

in Anarchism, 1914–18
Geoffrey Hicks

concerns. It included four significant criticisms: of ‘interference’; of the problems produced by a foreign policy supposedly based on ‘liberal’ or ‘constitutional’ principles; of disruption to the European status quo; and of disregard for international law and treaties. First and foremost, like the Peelites and radicals, the Protectionists condemned interference in another country’s affairs, just as they had in the debates about Portugal and Italy in the late 1840s. Stanley outlined what might be described as the definitive Conservative position: ‘In any country the

in Peace, war and party politics