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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
Institutions, policies, laws and people
Victor Kattan
Amit Ranjan

Following the admission of many African and Asian states to the United Nations in the 1960s, where they advocated ideas that were inimical to the interests of the colonial powers, the West lost control over the development of international law. In many ways, postwar human rights – particularly the right to self-determination – were shaped by the antiracist ideas of the socialist bloc and their allies in the Third World that were articulated in the political organs of the United Nations for whom the partitions of India and Palestine were touchstones. This was a very

in The breakup of India and Palestine
Wm. Matthew Kennedy

international legal discourses as well. This focus obscures the significant intervention that international law made in the construction of empire in the Anglo-Australian Pacific in response to these claims. In fact, New Guinea served as an important bellwether for two concepts emerging in international legal discourse around the era of the Berlin Conference of late 1884 and early 1885: 85 the colonial protectorate, and territorium nullius . Each of these concepts directly challenged long-standing common law principles as

in The imperial Commonwealth
Victor Kattan

, 14 December 1960, paras 5 and 6. See also Victor Kattan, ‘Self-Determination as Ideology: The Cold War, the End of Empire, and the Making of UN General Assembly Resolution 1514 (14 December 1960)’, in Luca Pasquet and Klara van der Ploeg (eds), International Law and Time: Narratives and Techniques (Geneva: Springer, 2022), pp. 441–473. 7 For literature on this period, see Erez Manela, The Wilsonian Moment: Self-Determination and

in The breakup of India and Palestine
Florence Mok

CBDTs would remain British nationals ‘explicit’, especially given that the Nationality and Treaty Department also acknowledged in private correspondence that CBDTs would remain British nationals under international law. 112 Carrington explained that the Home Secretary would not adjust the nomenclature, because ‘an umbrella title’ covering all these various categories would have nullified ‘a principal

in Covert colonialism
Arie M. Dubnov

April 1948) – it would be highly inaccurate to suggest that the ‘gloves-off’ brutality that characterises guerrilla warfare ended instantly at the minute David Ben-Gurion declared independence and was replaced by ‘civilised’ regular warfare between conventional armies, and the distinction between combatants and civilians was never transgressed. As far as international law is concerned, the transition into sovereignty did transform the national conflict into an international war, but this did not change the very fact that the territory under dispute was a partitioned

in The breakup of India and Palestine
Human rights and humanitarianism in the 1980s
Roland Burke

cases’, Amnesty gestured to the need for some effort to use the individually abused person as a thematic vector. More facility with ‘the individual case’ was needed in this context ‘to draw attention to those situations which give rise to torture, that is, to link individual cases with broader (e.g. economic, political) questions’. 24 Again, while set in the prose of the Committee and the vernacular of international law

in Humanitarianism, empire and transnationalism, 1760–1995
Harrison Akins

political status. The sovereignty of the British Crown ultimately reigned supreme above the princes. An Indian government notification issued on 21 August 1891 declared that ‘the principles of international law have no bearing upon the relations between itself and the native States under the suzerainty of the Queen Empress.’ 17 With the princely states having no international life, it was the responsibility and the right of the British Crown to represent the states in international affairs, giving the princely states and their subjects

in Conquering the maharajas
Wm. Matthew Kennedy

dependencies, even though self-governing, had yet to be granted the right to conduct relations with other states, including making war or peace, or even to consult with the imperial government in their efforts to do either. Withdrawing imperial forces compelled colonies to create their own scheme of defence, yet it provided them with none of the rights to do so. Addressing this paradox, the commission aimed to work out a method of ‘bringing the colonies under operation of … two “maxims of international law” – proved on the authority of Vattel, Wheaton, and other jurists

in The imperial Commonwealth