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By Antony Anghie

This publication argues that the colonial disagreement used to be principal to the formation of overseas legislations and, specifically, its founding inspiration, sovereignty. conventional histories of the self-discipline current colonialism and non-European peoples as peripheral issues. in contrast, Anghie argues that foreign legislation has regularly been lively via the 'civilizing mission' - the undertaking of governing non-European peoples, and that the industrial exploitation and cultural subordination that resulted have been constitutively major for the self-discipline. In constructing those arguments, the publication examines assorted stages of the colonial come across, starting from the 16th century to the League of countries interval and the present 'war on terror'. Anghie offers a brand new method of the heritage of overseas legislation, illuminating the iconic imperial personality of the self-discipline and its carrying on with significance for peoples of the 3rd international. This booklet can be of curiosity to scholars of foreign legislations and relatives, historical past, post-colonial reviews and improvement experiences.

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Extra info for Imperialism, Sovereignty and the Making of International Law (Cambridge Studies in International and Comparative Law)

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The most characteristic and unique powers of the sovereign, the powers to wage war and acquire title over territory and over alien peoples are defined in their fullest form by their application to the non-sovereign Indian. Conclusion Vitoria is an extremely complex figure. A brave champion of the rights of the Indians in his time,46 his work could also be read as a particularly insidious justification of their conquest precisely because it is presented in the language of liberality and even equality.

The problem of cultural difference plays a crucial role in structuring Vitoria’s work -- his notions of personality, jus gentium and, indeed, sovereignty itself. Vitoria’s jurisprudence can be seen to consist of three primary elements connected with this problem. First, a difference is 46 47 Georg Cavallar, The Rights of Strangers: Theories of International Hospitality, the Global Community and Political Justice Since Vitoria (Aldershot: Ashgate, 2002), pp. 75--121. Vitoria, De Indis, p. 116. f r a n c i s c o d e v i t o r i a a n d i n t e r n a t i o n a l l aw 29 postulated between the Indians and the Spanish, a difference which is rendered primarily in terms of the different social practices and customs of each society.

Vitoria’s most sustained and explicit exploration of sovereignty doctrine thus occurs in the context of his examination of the law of war. Vitoria understands sovereignty, in part, as a relationship -- the sovereign has a duty towards his people and the state and has certain prerogatives -- the right to wage war and to acquire title being among the most prominent. , p. 155. The prince is the entity in whom all power is vested: for the prince only holds his position by the election of the State.

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