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Boundaries of the International - Law and Empire (Hardcover)
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Boundaries of the International - Law and Empire (Hardcover)
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It is commonly believed that international law originated in
relations among European states that respected one another as free
and equal. In fact, as Jennifer Pitts shows, international law was
forged at least as much through Europeans' domineering relations
with non-European states and empires, leaving a legacy still
visible in the unequal structures of today's international order.
Pitts focuses on the eighteenth and nineteenth centuries, the great
age of imperial expansion, as European intellectuals and
administrators worked to establish and justify laws to govern
emerging relationships with non-Europeans. Relying on military and
commercial dominance, European powers dictated their own terms on
the basis of their own norms and interests. Despite claims that the
law of nations was a universal system rooted in the values of
equality and reciprocity, the laws that came to govern the world
were parochial and deeply entangled in imperialism. Legal
authorities, including Emer de Vattel, John Westlake, and Henry
Wheaton, were key figures in these developments. But ordinary
diplomats, colonial administrators, and journalists played their
part too, as did some of the greatest political thinkers of the
time, among them Montesquieu and John Stuart Mill. Against this
growing consensus, however, dissident voices as prominent as Edmund
Burke insisted that European states had extensive legal obligations
abroad that ought not to be ignored. These critics, Pitts shows,
provide valuable resources for scrutiny of the political, economic,
and legal inequalities that continue to afflict global affairs.
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