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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
Abstract only
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
The reach of empire

Drawing on the latest contemporary research from an internationally acclaimed group of scholars, this book examines the meanings of 'law' and 'imperialism'. The book explores the effects of the presence of indigenous peoples on the modification, interpretation and inheritance of British laws and the legal ideology by white law-makers. It offers a brief history of imperial law, focusing ultimately on its terminal failure in colonialism. The first part of the book presents the processes of colonialism's legality, the internal dynamics of law's theories, the external politics of law's rule. A brief history of imperial law, focusing ultimately on its terminal failure in colonialism, follows. The second part foregrounds racial differentiation at the heart of colonialism, and the work of law(s), courts and legislatures. It helps in defining a colonial population and in categorizing and excluding colonized populations from citizenship in specific localities. The central theme of the third part of the book is conflict: of collision between differing legalities and concepts of justice. The focus is on legal principles and evidence, and on narrative as imperial power. The fourth part explores and analyzes specific historical instances where law and history intersect, challenging European paradigms of sovereignty and fairness from the perspective of indigenous rights. Colonialism lives on in settler societies and other so-called 'postcolonial' states. It lives in continuing conflict over natural resources, daily reconstitution of gender and 'race', and the ongoing challenge to the veracity of indigenous evidence in courtrooms.

Jennifer Pitts

. 7 After two centuries during which the field of international law had come to insist on a neat separation between two types of law – domestic law within states, and international law between states – legal thinkers seem recently to be discovering the possibility of a more diverse, capacious and messy global legal order. The theorist William Twining, for instance, has recently urged a challenge to the common perception of law as monist, statist and positivist: that is, as imagining legal systems as internally coherent and mutually exclusive, and regarding law as

in Making the British empire, 1660–1800
Abolition from ship to shore
Robert Burroughs

intercepted unless they could prove that they were travelling between Portuguese ports. There is little question that during the war the navy operated on the fringes of, and sometimes outside, international law. 11 Almost immediately after the Napoleonic Wars, the seizure of the French ship Louis by HMS Queen Charlotte caused a legal controversy that tested and defeated Britain’s right to search

in The suppression of the Atlantic slave trade
Richard Huzzey

’s activities. The declarations of France (1815), Spain and Portugal (both 1817) and Brazil (1826) – alongside the decision of the United States in 1808 – abolished a number of national slave trades. Frustrated by the navy’s limited legal powers to enforce abolition, the Foreign Office turned to bilateral treaties to satisfy practical goals as much as any ideologies of international law

in The suppression of the Atlantic slave trade
Richard Huzzey and John McAleer

Soley has been particularly vocal in drawing parallels between the West Africa Squadron and modern security questions, arguing against fidelity to international law in at least six parliamentary debates along the lines that ‘the Royal Navy’s intervention to stop the slave trade throughout the 19th century was unlawful’. 58 In a 2011 paper claiming that proactive action in Iraq and Libya was on ‘the right side

in The suppression of the Atlantic slave trade
Hao Gao

This discourse of injury, moreover, went hand-in-hand with the popular image of ‘oriental brutality’ in the nineteenth-century West. It was in these contexts that the contemporary British pro-war narrative tended to concentrate on Lin Zexu's cruelty in enforcing the Chinese laws and how his conduct violated international law. Lin Zexu, indeed, blockaded the foreign factories to force the surrender of opium. He threatened those who engaged in the opium trade with the death penalty. He also tried his best to drive the British community out of China, after the British

in Creating the Opium War
Shohei Sato

, 13 which meant that the political geography of the Gulf was characterised by ‘the lack of firm borders in an area where tribes and conglomerates of population were separated by empty stretches of sea and desert.’ 14 M.H. Mendelson succinctly summarises this point: Whereas in modern international law the basis of allegiance is

in Britain and the formation of the Gulf States
Abstract only
Hao Gao

created anger and indignation on the British side to fuel the drift to the Opium War. 11 Li Chen, in his sophisticated work Chinese Law in Imperial Eyes , has added a legal dimension to the study on the origins of the war. 12 Chen is concerned with British and Western conceptions of sovereignty, extraterritoriality and international law, as well as how the British strove to justify a war of highly questionable legality within their own legal framework. Chen's work

in Creating the Opium War