Lawful Conquest?

Lawful Conquest?
Author: Constanze Weiske
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 313
Release: 2021-10-04
Genre: History
ISBN: 3110690225

The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).

From Coexistence to Conquest

From Coexistence to Conquest
Author: Victor Kattan
Publisher: Pluto Press (UK)
Total Pages: 466
Release: 2009-07-15
Genre: History
ISBN:

From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine. The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place from newspaper reports, UN documents, and personal accounts, which saw the expulsion and exodus of almost an entire people from their homeland. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

The Right of Conquest

The Right of Conquest
Author: Sharon Korman
Publisher: Clarendon Press
Total Pages: 358
Release: 1996-10-31
Genre: Political Science
ISBN: 0191583804

This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.

Infidels and Empires in a New World Order

Infidels and Empires in a New World Order
Author: David M. Lantigua
Publisher: Cambridge University Press
Total Pages: 373
Release: 2020-06-18
Genre: Law
ISBN: 1108498264

Examines early modern Spanish contributions to international relations by focusing on ambivalence of natural rights in European colonial expansion to the Americas.

Negotiating Conquest

Negotiating Conquest
Author: Miroslava Ch‡vez-Garc’a
Publisher: University of Arizona Press
Total Pages: 276
Release: 2006-09-01
Genre: History
ISBN: 9780816526000

"This study examines the ways in which Mexican and Native women challenged the patriarchal traditional culture of the Spanish, Mexican , and early American eras in California, tracing the shifting contingencies surrounding their lives from the imposition of Spanish Catholic colonial rule in the 1770s to the ascendancy of Euro-American Protestant capitalistic society in the 1880s." -from the book cover.

The Popular Radical Press in Britain, 1811-1821 Vol 2

The Popular Radical Press in Britain, 1811-1821 Vol 2
Author: Paul Keen
Publisher: Routledge
Total Pages: 416
Release: 2020-04-14
Genre: History
ISBN: 1000742636

The radical weekly newspaper or pamphlet was the leading print organ of popular radical expression during what has been called the "heroic age of popular Radicalism"; the public agitation for parlimentary reform between 1815 and 1820. This work reprints the original runs of the rarest periodicals.

The Legal Ideology of Removal

The Legal Ideology of Removal
Author: Tim Alan Garrison
Publisher: University of Georgia Press
Total Pages: 349
Release: 2002-12-01
Genre: Law
ISBN: 0820326410

This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

The Historical Foundations of World Order

The Historical Foundations of World Order
Author: Douglas M. Johnston
Publisher: Martinus Nijhoff Publishers
Total Pages: 900
Release: 2008
Genre: Law
ISBN: 9004161678

In The Historical Foundations of World Order: the Tower and the Arena, Douglas M. Johnston has drawn on a 45 year career as one of the world s most prolific academics in the development of international law and public policy and 5 years of exhaustive research to produce a comprehensive and highly nuanced examination of the historical precursors, intellectual developments, and philosophical frameworks that have guided the progress of world order through recorded history and across the globe, from pre-classical antiquity to the present day. By illuminating the personalities and identifying the controversies behind the great advancements in international legal thought and weaving this into the context of more conventionally known history, Johnston presents a unique understanding of how peoples and nations have sought regularity, justice and order across the ages. This book will appeal to a wide spectrum of readers, from lawyers interested in the historical background of familiar concepts, to curriculum developers for law schools and history faculties, to general interest readers wanting a wider perspective on the history of civilization.Winner 2009 ASIL Certificate of Merit for a Preeminent Contribution to Creative Scholarship