Imperialism and International Legal Theory Reaction Paper
In this paper the author is presenting a new approach in international legal theorizing due to the modern re-conceptualization of the relationship between imperialism and international law that contributed to the understanding of very traditional issues and enriched the usage of international law rules to create a broader spectrum. The author is highlighting the overlooked experiences of the mast majority of mankind of people, the peoples of the third world. His argument is that the international law universal theories needs to be re-polished with the experience of the colonized to banish all the legal ...view middle of the document...
States have societies differing from the European society and this required that Europeans and such habits cannot be protected by judiciaries in non-European civilization. An established sovereignty manages the problem of cultural diﬀerence. The terminology of “civilized” and “uncivilized” was a result of the division between Europe and uncivilized non-Europe that formulated principally through an elaboration of racial and cultural categories.
The European claim that leaders of non European entities gave them power over those non- European territories by entering into treaties with them while they were characterized as completely lacking in legal status is interesting because the right of the natives to transfer their rights was upheld by international lawyers. One might object to state that natives have no right to give up their territorial rights in the presumed absence of a legal status. The motives are certainly in question!
Western interests continued to manifest it self in the development of international economic law as they sought to control the economy of the newly dependent states by causing a controversy to determine the basics a state can nationalize foreign structures that had acquired rights over their resources back in the colonial time period. Thus, a new doctrine emerged in international law that a state can not be bound without it consent.
Adopting the doctrine of self determination to colonial territories was the first step into the process of decolonizing which enabled Third World states to use international law and sovereignty doctrines to further their own interests and to articulate their own views of international law. Western states argued that they were not bound by the principles authored by the Third World because of the basic rule that a state could not be bound by international rules unless it agreed to be so bound. Even after the end of colonialism, third...