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AbstractIn this article, I aim to reorient debates, in International Relations and Law, about the relationship between law and war. In the last decade, writers have challenged common understandings of law as a limit on, or moderator of, warfare. They have instead claimed that law is often used as a 'weapon of warfare', describing such uses as 'lawfare'. Below, rather than arguing that law is either a constraint on or an enabler of warfare, I examine how law comes to be represented as such. Specifically, I examine representations, primarily by US military and other governmental lawyers, of 'non-Western' invocations of the laws of war, which seek to constrain the policies or practices of the US or Israeli governments. I show how these authors cast such invocations as not law at all, but as tools of war. I suggest that this move rests on, and reproduces, colonial discourses of 'non-Western' legal inadequacy or excess, which serve to render 'non-Western' law 'violent' or 'war-like'. I show that the referents and boundaries of law and war are stabilised by notions of civilisational difference, which serve to give meaning to what law is, what war is, and whether particular claims or practices are understood as martial or legal.

Abstract
This essay addresses the constitution of colonial state subjects among Faiwolmin people of the Western Province, Papua New Guinea. As Australian power was consolidated here beginning in the 1950s, a relatively liberal, paternalistic colonialism encountered problems of containment and control on a historical and geographical penumbra of Empire. The process of bringing highly mobile and scattered shifting cultivators within the borders of the Territory was plagued by a shortage of "patrol" officers and technologies of indirect rule. This analysis is concerned with the consolidation of Australian colonial power and with how Faiwolmin became subjects, and their "customs" increasingly objects, of rule. By the time of nation state formation in 1975, it is argued, the subjectivities of Faiwolmin themselves had been reconstituted within a new terrain of conflict introduced by the imperial power.

peer-reviewed ; This chapter, which focuses on the first post-colonial constitutions created at the time of African independence, addresses four questions. How were these constitutions made? Did they build a social contract between states and citizens? Is there a clear typology of constitutions in Africa corresponding to the political differences between the colonial powers? What was the long-term effect of these first post-colonial constitutions? ; PUBLISHED ; Peer reviewed

Only in the twentieth century did the (so-called) Portuguese colonial constitution, in the material and formal sense, emerge. Only then the Empire and the Portuguese colonial law, as an
exercise of power, were politically theorized. This book addresses that colonial constitution, in force in the eight colonies that, in the Third Portuguese Empire, formed a unique and homogeneous totality. The main issues of the colonial constitution were two: the organization of the colonial power and the status of indigenous people. Regulating domination and submission, the majority of colonial (overseas) law had not the formal or rigidity of constitutional law, but was dispersed in the common legislation, mostly administrative. In the analysis of this colonial constitution, this book reveals four great periods that have succeeded since the First Republic to the Decolonization Act of 1974. - Só no século XX surgiu a (chamada) constituição colonial portuguesa, em sentido material e formal. Também só então o Império e o direito colonial português, enquanto exercício de poder, obedeceram a teorização política. Este livro aborda essa constituição
colonial, vigente nas oito colónias que, no Terceiro Império português, formavam um todo único e homogéneo. As suas matérias fundamentais eram duas: a organização do
poder colonial e o estatuto dos indígenas. Regulando dominação e submissão, larga parte do direito colonial (ultramarino) não tinha carácter formal ou rigidez de lei constitucional, antes estava na legislação ordinária, sobretudo administrativa. Na análise
desta constituição colonial, este livro descortina quatro grandes períodos que se sucederam desde a Primeira República à Lei da Descolonização de 1974.