[PDF] Decolonizing Law eBook

Author : Sujith Xavier
Publisher : Routledge
Page : 271 pages
File Size : 38,49 MB
Release : 2021-05-24
Category : Law
ISBN : 100039655X

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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Author : Sundhya Pahuja
Publisher : Cambridge University Press
Page : pages
File Size : 40,18 MB
Release : 2011-09-29
Category : Law
ISBN : 1139502069

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The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Author : Charles Parkinson
Publisher : Oxford University Press
Page : 314 pages
File Size : 30,65 MB
Release : 2007-11-22
Category : History
ISBN : 0199231931

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"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.

Author : Hillary M. Hoffmann
Publisher : Cambridge University Press
Page : 179 pages
File Size : 34,54 MB
Release : 2020-07-23
Category : Law
ISBN : 110862457X

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In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Author : Abdullahi Ahmed An-Naim
Publisher : Cambridge University Press
Page : 157 pages
File Size : 16,93 MB
Release : 2021-12-09
Category : Law
ISBN : 1108417132

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This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.

Author : Liebel, Manfred
Publisher : Policy Press
Page : 284 pages
File Size : 16,50 MB
Release : 2020-05-06
Category : Social Science
ISBN : 1447356411

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European colonization of other continents has had far-reaching and lasting consequences for the construction of childhoods and children’s lives throughout the world. Liebel presents critical postcolonial and decolonial thought currents along with international case studies from countries in Africa, Latin America, and former British settler colonies to examine the complex and multiple ways that children throughout the Global South continue to live with the legacy of colonialism. Building on the work of Cannella and Viruru, he explores how these children are affected by unequal power relations, paternalistic policies and violence by state and non-state actors, before showing how we can work to ensure that children’s rights are better promoted and protected, globally.

Author : Victoria Sutton
Publisher :
Page : 96 pages
File Size : 23,39 MB
Release : 2021-01-10
Category : Law
ISBN : 9780996818681

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Discussion and analysis of the foundation cases in American Indian Law and cases that followed.

Author : Umut Özsu
Publisher : Cambridge University Press
Page : 353 pages
File Size : 19,32 MB
Release : 2023-10-31
Category : Law
ISBN : 1108427693

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Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.

Author : Jochen von Bernstorff
Publisher : Oxford University Press
Page : 464 pages
File Size : 33,70 MB
Release : 2019-10-22
Category : Law
ISBN : 0192589474

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This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

Author : Frédérique Apffel-Marglin
Publisher : Clarendon Press
Page : 410 pages
File Size : 29,62 MB
Release : 1996-04-25
Category : Business & Economics
ISBN : 0191583960

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Development failures, environmental degradation and social fragmentation can no longer be regarded as side effects of `externalities'. They are the toxic consequences of pretensions that the modern Western view of knowledge is a universal neutral view, applicable to all people at all times. The very word `development' and its cognates `underdevelopment' and `developing' confidently mark the `first' world's as the future of the `third'. This book argues that the linear evolutionary paradigm of development that comes out of modern Western view of knowledge is a contemporary form of colonialism. The authors - covering topics as diverse as the theory of knowledge underlying the work of John Maynard Keynes, what the renowned British geneticist J.B.S. Haldane was looking for when he migrated to India, the knowledge of Mexican and Indian peasants - propose a pluralistic vision and decolonization of knowledge: the replacement of one-way transfers of knowledge and technology by dialogue and mutual learning.