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The discussion argues that the Eurocentric story of international law has proven wrong because it is incomplete. Furthermore, conventional history ignores too many other experiences and forms of legal relations between autonomous communities. The chapter suggests that the law of nations of the past broadens our perspective, and can stimulate informed curiosity about how the future of international law. Keywords: Eurocentrism , international law , European state system , historiography , law of nations.
It provides the history of international law with a clear underlying purpose and direction, and thus gives it a comprehensible structure. But unfortunately, this beauty is false. The Eurocentric story of international law has proven wrong because it is incomplete. Not only does it generally ignore the violence, ruthlessness, and arrogance which accompanied the dissemination of Western rules, and the destruction of other legal cultures in which that dissemination resulted.
Like most other histories, this history of international law was a history of conquerors and victors, not of the victims.
Furthermore, the conventional story ignores too many other experiences and forms of legal relations between autonomous communities developed in the course of history. It even discards such extra-European experiences and forms which were discontinued as a result of domination and colonization by European Powers as irrelevant to a continuing history of international law.
To leave a well-worn path is exciting but always risky. It is an adventure as well as an experiment. Leaving the trodden path means meeting unforeseen obstacles. And if one wants to shed light on developments which so far remained in darkness, one better be prepared to encounter the unexpected and not so easily understood.
In this sense, the present Handbook is a beginning only. It represents a first step towards a global history of international law. The difficulties in writing a truly global history of international law begin but do not end with determining the time to be covered.
In other words, as far as Europe and the Western world are concerned, we wanted to exclude pre- and early history as well as Greco-Roman antiquity, although there is a fairly rich literature on the latter. It is in fact discussed whenever it played a role, especially by way of its reception and transformation, in the construction of modern international law.
Less Eurocentric is, we think, our decision to ask authors to end their respective accounts in because the end of the Second World War and the founding of the United Nations mark a caesura not only in Western but in world history.
For the history of the non-European regions, the beginning of the European modern era in the 16th century is not a meaningful divide. Accordingly, each author writing, for example, about Africa, China, or India had to decide where to start the respective history—a history which at some point of time converged with Western history. Looking over the table of contents of this book, the reader will easily distinguish chapters with more conventional themes from those with which we tried to present something new.
Examining the chapters more carefully, the reader will also see that many authors were assigned particularly difficult tasks. They were asked to write about subjects covered by very little literature, so that they had to start from scratch. The reader will also find that this Handbook is pluralist in many senses, something we see as an advantage but which again does not come without risk.
The authors have different academic backgrounds; they are lawyers, historians, and political scientists. They come from, and work in, different regions of the world. They have chosen different historiographical methods. The result is, in some way, a Handbook not of the history, but of many histories of international law.
But enough of that captatio benevolentiae. Instead, we want to say a bit more about what we had in mind when devising this book, and of where in our view future historical research in international law should be heading.
Overcoming Eurocentrism. Traditional history writing in international law focused on the modern European system of states, its origins and precursors in antiquity and the Middle Ages, and the expansion of that system to the other continents. Non-European political entities appeared mainly as passive objects of European domination. Accounts of the history of international law, written from a non-European perspective, are still rare.
As Emmanuelle Jouannet recently argued, the current historiographical strand which conceives of international law as being built on and imbued by the distinction between Europeans and Others, a distinction allegedly specifically designed to facilitate European hegemony over the rest of the world, corresponds neither to the intentions of the 17th- and 18th-century authors, nor—more importantly—to the objectives of the European sovereigns of the time.
It can be used for different and contradictory ends: for oppression and hegemony, but also for emancipation and stability. Not all of these encounters resulted in violent conflicts; some also led to creative forms of cooperation. In other words, we specifically asked what the contributions of a specific country or region to the development of international law were. As one might expect, the findings differ. Jorge Esquirol in his chapter on Latin America mentions in this context non-intervention by third-party States, compulsory international arbitration for State-to-State disputes, territorial limits based on uti possidetis iuris, third-party right to recognition of internal belligerents, the right of diplomatic asylum, the principle of ius soli in nationality laws, freedom of national rivers navigation, coastal security jurisdiction, and freedom of neutral trade in times of war.
As far as an Asian influence is concerned, Yasuaki Onuma had in a seminal article opined that there were only coincidental practices in Asia for example, on the treatment of foreigners, on the law of the sea , but that it has so far not been demonstrated that these Asian practices brought about or influenced the formation and development of these rules in European international law.
The judgment depends, inter alia , on whether this reception was at least to some extent voluntary and a result of reflection, also on the side of the receiver, or only brought about by force, intimidation, and economic coercion. Often both persuasion and imposition will have played a decisive role. What can be learned is that genealogy does not determine identity.
Cherished examples are human rights, the rule of law, and democracy. This Handbook is inspired by a global history approach. It rather needs to be conceptualized. It only deserves its name when it is more than the addition of regional histories. Global history no longer takes the nation-state as the traditional object of historical analysis. Interestingly, current international legal scholarship also focuses on non-state actors as emerging subjects of international law.
Another objective of global history is to overcome the primarily European heritage of national history. Their modern history is understood as an autonomous development, and not as a mere reaction to European conquest. But globally oriented historiographers are conscious of this very fact. They try to avoid the narrow perspective of traditional epistemic Eurocentrism which constructed and reified periods, regions, and cultures.
Accordingly, there is no single global history, no universal law to be discovered resulting in a unidirectional evolution of the world. Even if this multiperspectival ideal can never be fully realized, it is our hope that a collective work such as this Handbook can at least come close to it. Global or world p. History can be written in many modes or forms.
Simply put, three such modes can be distinguished—the history of events, the history of concepts, and the history of individual people. All three approaches have also been used in the historiography of international law.
Thirdly, international legal historiography has occasionally also used the biographical method by recounting in detail the life and work of an important scholar, statesman, or diplomat. The treaties attracting particular interest were treaties of alliance, seeking to forestall war, on the one hand, and peace treaties, ending wars in a legal sense, on the other hand.
As a third group, treaties of commerce can be mentioned. In this mode, history is told as a matter-of-fact story, concentrating on states, power, war, trade, and diplomacy.
This type of historiography treats law as a dependent variable of political and military events. However, the degree of impact or importance ascribed to international law varies greatly. Law might be considered as completely ancillary to political power or on the contrary as a normative power shaping the events.
In his influential book The Epochs of International Law , about we shall say more later in this introduction, 60 Wilhelm Grewe defended his emphasis on state practice as follows:. Numerous authors examining the history of the law of nations adopted a peculiar and methodologically questionable separation of theory and state practice.
In doing so they were placing themselves at a disadvantage, as such a separation does not concern two divided branches of the history of the law of nations, but rather only two sides of the same process.
On the one hand, they lost themselves in an abstract history of the theory, which could not acknowledge the concrete intellectual historical position of a Vitoria, a Gentili or a Grotius, nor the concrete political and sociological background to their theories. On the other hand, inter-State relations were regarded as a bare array of facts to be grasped and systematised by way of a theoretically-derived, abstract intellectual method. However, as much as it is important to study cultural and social history, power and competing state interests have not become irrelevant.
The legal historian should still take them into account. It does matter in which particular political or military context an idea or doctrine was brought up, and it is of course crucial whether and how ideas were implemented in practice. For these reasons, the authors of this Handbook were asked to give, inter alia , an account of the practice of international law. It is, for example, important to know not only which treaties were concluded, but also whether and for which reasons they were complied with or not.
A difficulty in this respect is that for many issues historical research has so far not compiled sufficient empirical data. And the further into the past we look, the more difficult it will be to establish both categories and facts, especially on compliance.
Conceptional history is particularly relevant to legal history because legal rules consist of, and are based on, concepts. Concepts change over time. They are no more solid than the period or context in which they originated.
Surely a legal historian should not limit him- or herself to concepts found in legal documents. Other concepts too can be of legal relevance. Conversely, notions used in legal texts may have turned out not to p. Such a distinction can help to identify blind spots in the law, or illustrate the blurred boundary between the spheres of law and politics. In the biographical mode of history writing, the persons studied may be politicians, legal practitioners, or scholars.
The context in which the person described lived and worked can be featured. Or he rarely she can on the contrary be presented as a representative of an epoch. For a conceptual historian, for instance, the textual context of a legal text matters greatly.
But beyond that, the contextualization of a legal idea or doctrine requires, in our view, an analysis of the Leitmotive and academic styles of the time. Often, the relevant process is determined by the domestic political situation of a state. Furthermore, the contextualization of events and ideas means to look at long-term developments and trends.
That perspective may lead to a relativization of what usually is considered a historical caesura or break. The First World War, for instance, was on the one hand a rupture, but on the other hand a bridge to the international law of the League of Nations period.
The Linguistic Turn and Beyond.
A nation is a community of people formed on the basis of a common language , territory, history, ethnicity , or a common culture. A nation is more overtly political than an ethnic group ;   it has been described as "a fully mobilized or institutionalized ethnic group". American political scientist Benedict Anderson characterised a nation as an " imagined community ",  and Australian academic Paul James sees it as an "abstract community". For the most part, members of a nation remain strangers to each other and will likely never meet. So, a nation is an intersubjective reality and exists solely in the collective imagination of the citizens. Even if a person comes to believe that a nation does not exist, the nation will remain unharmed, as it is not a subjective reality which exists in the mind of a single person.
Histories of Global Inequality pp Cite as. It makes a seminal contribution to the current research field of the history of global inequality in three distinct ways. First, it reviews the current historiography on global inequality. Second, it historicizes inequality research, offering a brief intellectual and conceptual history of global inequality. Third, arguing that global inequalities are multidimensional and multicausal phenomena, it outlines a new research agenda for historians working with global inequality that can supplement the burgeoning economic and quantitatively oriented research on global inequality.
Imperialism , state policy, practice, or advocacy of extending power and dominion, especially by direct territorial acquisition or by gaining political and economic control of other areas. Imperialism is the state policy, practice, or advocacy of extending power and dominion, especially by direct territorial acquisition or by gaining political and economic control of other territories and peoples. Because it always involves the use of power, whether military or economic or some subtler form, imperialism has often been considered morally reprehensible. Examples from history include Greek imperialism under Alexander the Great and Italian imperialism under Benito Mussolini. However, critics say imperialism exists today; for example, many in the Middle East saw the U.
The text provides a balanced approach to U. Grade 9 Social Studies - Alberta Education.
Springfield High School. Section 1 - Human Origins in Africa. Section 2 - Humans Try to Control Nature. Section 1 - City-States in Mesopotamia. Section 2 - Pyramids on the Nile. Section 3 - Planned Cities on the Indus.
Arabic Chinese French Russian Spanish. Text in PDF Format. Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,. Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,. Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,. Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,.
This text contains material that appeared originally in World History: Perspectives on the Past (D.C. SOCIAL HISTORY: Tang and Song China: People and Technology. 2 Southeast Asian Nations Gain Independence.
Как только освобожусь, загляну в шифровалку и… - А что с аварийным питанием. Если закоротило генератор, почему оно не включилось. - Не знаю. Может быть, Стратмор прогоняет что-то в ТРАНСТЕКСТЕ и на это ушло все аварийное питание. - Так почему он не отключит эту свою игрушку. Вдруг это вирус. Ты раньше говорил что-то про вирус.
Его взял немец. Дэвид почувствовал, как пол уходит у него из-под ног. - Немец. Какой немец. - Тот, что был в парке.
Когда десять лет назад Сьюзан поступила в агентство, Стратмор возглавлял Отдел развития криптографии, являвшийся тренировочной площадкой для новых криптографов, криптографов мужского пола. Хотя Стратмор терпеть не мог выделять кого-нибудь из подчиненных, он с особым вниманием относился к своей единственной сотруднице. Когда его обвиняли в фаворитизме, он в ответ говорил чистую правду: Сьюзан Флетчер - один из самых способных новых сотрудников, которых он принял на работу. Это заявление не оставляло места обвинениям в сексуальном домогательстве, однако как-то один из старших криптографов по глупости решил проверить справедливость слов шефа. Однажды, в первый год своей работы в агентстве, Сьюзан заглянула в комнату новых криптографов за какими-то бумагами. Уже направляясь к двери, она увидела свое фото на доске объявлений и едва не лишилась чувств.
Сьюзан стояла перед ним, промокшая, взъерошенная, в его пиджаке, накинутом на плечи. Она выглядела как первокурсница, попавшая под дождь, а он был похож на студента последнего курса, одолжившего ей свою куртку. Впервые за многие годы коммандер почувствовал себя молодым.
ГЛАВА 11 Испания. Я отправил Дэвида в Испанию. Слова коммандера словно обожгли Сьюзан. - Дэвид в Испании? - Она не могла поверить услышанному. - Вы отправили его в Испанию? - В ее голосе послышались сердитые нотки.
На мгновение она словно приросла к месту, не зная, куда бежать и что делать. Интуиция подсказывала ей спасаться бегством, но у нее не было пароля от двери лифта.
World History: People and Nations Modern World Hardcover – Student Edition, January 1, · Language English · Publisher Holt Rinehart & Winston.Felix B. 06.06.2021 at 22:13
The discussion argues that the Eurocentric story of international law has proven wrong because it is incomplete.Debbie M. 08.06.2021 at 14:26
Publisher: University of North Georgia Press.