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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
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 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.
its command”! 4 Nevertheless, despite, or perhaps in despite of, the controversy it elicited, [t]he Calvo Doctrine would “enter the collective psyche of Latin American (sic) and leave its mark well into the late twentieth century.” 5 While the Calvo Doctrine never secured “mainstream” acceptance in international law, it is enjoying
International law, and in particular international investment law, has been shaped by the struggles of resistance between the diversity of material realities and worldviews within and beyond regions. Rather than a threat to the universality of international investment law, the diverse – sometimes clashing – approaches to, and interpretations of, international investment
sources of international law in international legal thought and practice in Latin America. Afterwards, the attention turns to how this ambivalence manifests itself in the way in which the content is allocated to the concepts of international investment law like the international minimum standard and the standard of compensation. The chapter ends with a few concluding remarks on how
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
, 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
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
theories, 20 and on energy justice studies 21 to bring visibility and justice to indigenous peoples and to affirm them as full participants, on their own terms, in international investment law. 22 On a theoretical level, this is a conceptual chapter that falls within socially informed critiques to international law. 23 In the following two sections, we describe the problem of