Imperialism, Sovereignty and the Making of International Law

Cambridge Studies in International and Comparative Law

by Antony Anghie

This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

Genres: Nonfiction, Law, History, International Relations, Politics, International Affairs

Paperback

First published January 1, 2005

Reviews

[Sarah reading]

Difficult reading. Interesting though.

[Benemint · Rating 3 out of 5]

He has a point. He argues against the universality and equality of international law, and shows how it perpetuates colonialism. But he focuses too much on the legal philosophy and rhetoric, pretty ignorant of how exactly these laws were put into practice (or were not). Very little empirical discussion especially about how the Mandate system worked. A little (very) reductionist argument about international law.

[Ernest · Rating 5 out of 5]

An incisive examination of international law and how its institutions and norms have often been neo-imperial in nature. Anghie's examination of resource concessions brilliantly illustrates how sovereignty has been constructed differently for Third World, decolonized states: private economic relations come to subsume formal equality and the economic and mineral rights of states, in coming to posit that international, universal legal systems (=Western legal systems) is the only system suitable for less developed countries; their sovereignty is only invoked in the context of legitimizing concessions given to colonial powers. Law, too often, positions itself as agnostic, even neutral to historical contingencies but what this indifference really amounts to is an injustice. Still, the focus on institutions suggests that international law's effect on perpetuating this hierarchy and dependency (and vulnerability to unilateral interventions, in a post-9/11 world) for the 'Third World' arises out of the disproportionate influence over institutions wielded by Western (and often neo-imperial) states.

Anghie's historical account has great normative significance, in addition to its evaluative significance that the international order enacted by international law is one that perpetuates hierarchies and inequalities. I recommend reading him alongside Mark Mazower's books- if this is about the intellectual history of law (and implicitly about political developments), then Mazower focuses on the inverse relationship.

[Lisa · Rating 4 out of 5]

Great book for beginners on the topic:

The topic he touches on is extremely interesting and he hits the point: that modern institutions, modern IL is a product stemming from colonialist pasts. And he does make strong arguments.

But, in my opinion, the first part of the book is too long whereas the latter is too short. Also he sometimes makes strong arguments without backing them up with evidence. (This is a criticism from an academic perspective.)

Still, if everyone in "the west" were the to read this book maybe they'd understand a thing or to about their actual legacy.

[Glenn · Rating 5 out of 5]

An excellent exposé of the role of ideologies of western colonialism that are embedded in contemporary international law. This is a great sequel to Robert Williams' book, "The American Indian in Western Legal: The Discourses of Conquest." For any indigenous peoples who seek an deeper understanding of why the quest for freedom against settler states is so difficult. Anghie and Williams explain how the ideological, political and legal decks have been stacked by colonial powers for over 500 years.