(Source: OUP)
Oxford
University Press is publishing a new edited collection on South-North
perspectives to the decolonisation era.
ABOUT THE BOOK
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.
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.
ABOUT THE
EDITORS
Edited by Jochen von Bernstorff,
Chair of International Law and Human Rights, Law Faculty, University of
Tübingen, and Philipp Dann, Chair of Public and Comparative Law,
Faculty of Law, Humboldt University Berlin
Jochen von Bernstorff is currently the Dean of
the Tübingen Law Faculty (since 2018), holds the Chair for Constitutional law,
International Law and Human Rights (since 2011), and has taught international
law as a visiting professor at the German Federal Foreign Office Academy
Berlin, Université Panthéon-Assas (institut des hautes études internationales),
Université Aix-Marseille and National Taiwan University Taipei. He has acted as
a consultant for the German Government and various UN-institutions on human
rights, development and international environmental law issues.
Philipp Dann holds the Chair of Public and
Comparative Law at Humboldt University Berlin (since 2014) and is principal
investigator in the Cluster of Excellence 'Contestations of the Liberal Script'
(since 2019). He holds degrees from Frankfurt University (PhD and post-doctoral
Habilitation) and Harvard Law School (LL.M.) and has taught German, European
and public international law in Germany, France, India, Kenya, the Sudan and
the US.
TABLE OF
CONTENTS
Introduction
The Battle for
International Law: A Sketch, Jochen von Bernstorff and Philipp Dann
Part I: Sites of
Battle
A. Concepts -
Kampfbegriffe
1: The Common
Heritage of Mankind: Annotations on a Battle, Surabhi Ranganathan
2: The Battle
for the Recognition of Wars of National Liberation, Jochen von Bernstorff
3: The
Developmental State: Independence, Dependency and the History of the South,
Luis Eslava
4: Colonial
Fragments: Decolonisation, Concessions and Acquired Rights, Matthew Craven
5: Acquired
Rights and State Succession - The Rise and Fall of the Third World in the
International Law Commission, Anna Brunner
6: Rival Worlds
and the Place of the Corporation in International law, Sundhya Pahuja and Anna
Saunders
7: The Battle
Continues: Rebuilding Empire through Internationalization of State Contracts,
Muthucumaraswamy Sornarajah
8:
(De)colonizing Human Rights, Florian Hoffmann and Bethania Assy
9: Picking
Battles: Race, Decolonization, and Apartheid, Rotem Giladi
B. Institutions
10: The
International Court of Justice During the Battle for International Law
(1955-1975)-Colonial Imprints and Possibilities for Change, Ingo Venzke
11: The Battle
and the United Nations, Guy Sinclair
12: The World
Bank in the Battles of the 'Decolonization Era', Philipp Dann
Part II
Individual Protagonists and Regional Perspectives
A. Individual
Protagonists
13: Reading R.P.
Anand in the Postcolony: Between Resistance and Appropriation, Prabhakar Singh
14: Taslim
Olawale Elias: From British Colonial Law to Modern International Law, Carl
Landauer
15: Determining
New Selves: Mohammed Bedjaoui on Algeria, Western Sahara, and Post-Classical
International Law, Umut Özsu
16: Charles
Chaumont's Third World International Legal Theory, Emamanuelle Tourme Jouannet
B. Regional
Perspectives
17: Literal
'Decolonisation': Re-reading African International Legal Scholarship through
the African Novel, Christopher Gevers
18: The Soviets
and the Right to Self-Determination of the Colonized: Contradictions of Soviet
Diplomacy and Foreign Policy in the Era of Decolonization, Bill Bowring
19: The Failed
Battle for Self-Determination: The United States and the Postwar Illusion of
Enlightened Colonialism, 1945-1975, Olivier Barsalou
Epilogue
What's Law Got
to Do with it? Recollections, Impressions, Martti Koskenniemi
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