Lawful Conquest

Author : Constanze Weiske
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110690225
Total Pages : 313 pages
Book Rating : 4.24/5 ( download)

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Download or read book Lawful Conquest? written by Constanze Weiske and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Author : Constanze Weiske
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110690144
Total Pages : 354 pages
Book Rating : 4.49/5 ( download)

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Download or read book Lawful Conquest? written by Constanze Weiske and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-04 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Author : Lindsay G. Robertson
Publisher : Oxford University Press
ISBN 13 : 0199881995
Total Pages : 272 pages
Book Rating : 4.94/5 ( download)

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Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

Author : Sharon Korman
Publisher : Clarendon Press
ISBN 13 : 0191583804
Total Pages : 358 pages
Book Rating : 4.03/5 ( download)

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Download or read book The Right of Conquest written by Sharon Korman and published by Clarendon Press. This book was released on 1996-10-31 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Heikki Pihlajamäki
Publisher : BRILL
ISBN 13 : 9004331530
Total Pages : 307 pages
Book Rating : 4.32/5 ( download)

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Download or read book Conquest and the Law in Swedish Livonia (ca. 1630–1710) written by Heikki Pihlajamäki and published by BRILL. This book was released on 2017-01-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.

Author : Matthew Mark McMahon
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.48/5 ( download)

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Download or read book Conquest and Modern International Law written by Matthew Mark McMahon and published by . This book was released on 1940 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Robert A. Williams Jr.
Publisher : Oxford University Press
ISBN 13 : 0198021739
Total Pages : 365 pages
Book Rating : 4.35/5 ( download)

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Download or read book The American Indian in Western Legal Thought written by Robert A. Williams Jr. and published by Oxford University Press. This book was released on 1992-11-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

Author : Peter Josephson
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Great Art of Government written by Peter Josephson and published by . This book was released on 2002 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving beyond previous scholarship, he gives us a Locke as much concerned with the effective functioning of government as with the roots of its moral legitimacy."--BOOK JACKET.

Author : Victor Kattan
Publisher : Pluto Press (UK)
ISBN 13 :
Total Pages : 466 pages
Book Rating : 4.55/5 ( download)

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Download or read book From Coexistence to Conquest written by Victor Kattan and published by Pluto Press (UK). This book was released on 2009-07-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Nagamitsu Miura
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443854301
Total Pages : 193 pages
Book Rating : 4.06/5 ( download)

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Download or read book John Locke and the Native Americans written by Nagamitsu Miura and published by Cambridge Scholars Publishing. This book was released on 2013-11-18 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, the relation between liberalism and colonialism has been one of the most important issues in Locke studies and also in the field of modern political thought. This present work is a unique contribution to discussion of this issue in that it elucidates Locke’s concept of the law of nature and his view of war. Locke’s law of nature includes, despite its ostensible universal validity, some particular rules which favour the rights of a European form of political society and individualistic land-acquisition at the sacrifice of native traditional land-rights and subsistence. Concerning wars between settlers and the natives, Locke’s concept of “punishment” in state of nature allows the militarily superior side to make a war with the inferior in disregard for the latter’s claim and nevertheless, after winning victory, proclaim its own just cause of war. By putting Locke’s discourse on colonization and war in the context of contemporary relations between English colonists and the natives, this book makes clear that the expansive element of his theory of property actually overbalanced his rule of limitation of property according to equitableness and that it, after all, undermines the general principles of freedom and equality of all in his law of nature.