Imperialism, Sovereignty and the Making of International Law Part 2 ppsx

... Regulatory Rights Supreme Court Activism, the Public Interest, and the Making of Constitutional Law larry yackle the university of chicago press chicago and london THE DOCUMENTARY CONSTITUTION ... warp and woof of constitutional law is still traceable to the written document and must be, given that the document and only the document counts...

Ngày tải lên: 18/02/2014, 11:20

... international law. 13 The project, then, was to excise these colonial aspects of international law from the system of international law and to recreate a new, open and non-colonial international law. It ... basis for the norms of jus gentium, and internalized in that it represents the authentic identity of the Indian. War, sovereignty and the tran...

Ngày tải lên: 19/02/2014, 05:20

... Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Commentary (ICRC, Geneva, 1952) table ofconventions xlvii 1993 Convention on the Prohibition ... Geneva Conventions of 12 August 1949, Section II: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims...

Ngày tải lên: 16/03/2014, 13:20

... System and colonial problems 13 6 The Mandate System and the construction of the non-European state 14 7 Government, sovereignty and economy 15 6 The mandate and the dissolution of sovereignty 17 9 The ... 10 0 3Colonialismandthebirthofinternational institutions: the Mandate System of the League of Nations 11 5 Introduction 11 5 The creation of...

Ngày tải lên: 05/08/2014, 22:20

... considering the place of international law among the sciences’, 57 and international lawyers of the period invariably refer to the ‘science’ of international law. 58 The positivist self- image of being ... Oppenheim, The Science of International Law. 59 Lawrence, The Principles of International Law, p.94. 60 Ibid., p. 1. 40 imperialism, sovereig...

Ngày tải lên: 05/08/2014, 22:20

... Walker, A History of the Law of Nations,p.12. 72 imperialism, sovereignty and international law positivist practice of focusing on the words of the treaty, to the complete exclusion of the circumstances ... Persons and subjects of International Law. ’ Oppenheim, International Law, p.110.Seeibid., pp. 154 156. 85 Lawrence, The Principles of Inter...

Ngày tải lên: 05/08/2014, 22:20

... in the first place. 229 In effect, Europe is the subject of sovereignty and non-Europe the object of sovereignty. Acceptance of these premises the primacy of sovereignty and the identification of ... critics of the Eurocentric character of international law, were hopeful that the acquisition of sovereignty and the participation of the Third Wo...

Ngày tải lên: 05/08/2014, 22:20

... the mandate system of the league of nations 147 The Mandate System and the construction of the non-European state The mandates and the problem of sovereignty The primary novelty of the Mandate ... pp. 153 9 154 5. 1 95 Wright, Mandates,p.249. 196 PMC, Seventh Session,p.201. 197 Wright, Mandates, pp. 252 254 . the mandate system of the league of nati...

Ngày tải lên: 05/08/2014, 22:20

... Countries and the Universality of International Law , (1 963 )2Columbia Society of International Law Bulletin 5 12, cited in Fatouros, International Law and the Third World’, 788. the mandate system of ... Africa? A Moral and Legal Inquiry’, (1995)16Michigan Journal of International Law 1113. 208 imperialism, sovereignty and international law and...

Ngày tải lên: 05/08/2014, 22:20

... that the principles embodied in this international law of contracts derived from ‘general principles of law . One of the aspirations of the new states was to expand the range of international law ... Political Participation’, 545. sovereignty and the post-colonial state 2 17 in the exercise of its sovereignty and in accordance with international l...

Ngày tải lên: 05/08/2014, 22:20

... in the case of the Mandate System, the people who are the objects of this system, the peoples of the Third World, are denied any effective decision making power. The governance structure of the ... with the ideals that inform them the ideals of ‘good governance’, the ‘rule of law and ‘democracy’. Rather, the attempt here is to contest imperial versions...

Ngày tải lên: 05/08/2014, 22:20

... undermined, international human rights law, international humanitarian law and, most significantly, the law relating to the UN Charter and the use of force. 99 And just as the novelty of the threat posed ... Transactions of the Grotius Society126 144 Alvarez, Alejandro, ‘Latin America and International Law , ( 190 9) 3 American Journal of International...

Ngày tải lên: 05/08/2014, 22:20

... Annual Report of the Mandatory Powers’, (1926) 10 League of Nations Official Journal1322 1328 Lorimer, James, The Institutes of the Law of Nations: A Treatise of the Jural Relations of Separate ... Co., 1946) Norton, Patrick M., Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Jo...

Ngày tải lên: 05/08/2014, 22:20

... dominated by 28 Bull, The Anarchical Society, p. 20 . 29 Ibid., p. 22 . 30 Dunne, Inventing International Society, pp. 145–6. 32 European Conquest and the Rights of Indigenous Peoples peoples as standing ... first, the dis- placement of natural law concerned with the rights and duties of humans everywhere by the positive law of states; and second, ch...

Ngày tải lên: 09/08/2014, 11:20

... to the deliberations of the CHR Working Group have been the definition of indigenous peoples and their participation. A lot of the politics of the decade has been taken up with the question of ... Europe. 127 European Conquest and the Rights of Indigenous Peoples At the second session of the CHR Working Group there was much less debate on defin...

Ngày tải lên: 09/08/2014, 11:20