Suchergebnisse

This book traces the emergence and contestation of State responsibility for rebels during the nineteenth and early-twentieth centuries. In the context of decolonisation and capitalist expansion in Latin America, it argues that the mixed claims commissions-and the practices of intervention associated with them-served to insulate economic order against revolution, by taking the question of who assumed the risk of harm by rebels out of the scope of national authority. The jurisprudence of the commissions was contradictory and ambiguous. It took a lot of interpretive work by later scholars and codifiers to rationalise rules of responsibility out of these shaky foundations, as they battled for the meaning and authority of the arbitral practice. The legal debates were structured around whether the standard of protection against rebels owed to aliens was nationally or internationally determined and whether it was domestic or international authority that adjudicated such standard-a struggle over the internationalisation of protection against rebels.

This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria's concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a 'management model' which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move.

International law international law and revolution : 1917 and beyon / Kathryn Greenman, Anne Orford, Ntina Tzouvala and Anna Saunders -- Looking eastwards : the Bolshevik theory of imperialism and international law / Ntina Tzouvala and Robert Knox -- Lenin at Nuremberg : anti-imperialism and the juridification of crimes against humanity / Amanda Alexander -- Excluding revolutionary states : Mexico, Russia and The League Of Nations / Alison Duxbury -- Law, class struggle and nervous breakdowns / Mai Taha -- Microcosm soviet constitutional internationality / Scott Newton -- Law and socialist revolution : early soviet legal theory and practice / Owen Taylor -- Intervention : sketches from the scenes of the Mexican and Russian revolutions / Dino Kritsiotis -- Mexican revolutionary constituencies and the Latin American critique of us intervention / Juan Pablo Scarf -- Mexican post-revolutionary foreign policy and the Spanish civil war : legal struggles over intervention at the league of nations / Fabia Fernandes Carvalho Veçosos -- 1917 : property, revolution and rejection in international law / Kate Miles -- 1917 and its implications for the law of expropriation / Daria Davitti -- Contestations over legal authority : the Lena Goldfields Arbitration 1930 / Andrea Leiter -- The Mexican revolution : alien protection and international economic order / Kathryn Greenman -- Animated by the European spirit' : European human rights as counterrevolutionary legality / Anna Saunders -- Human rights, revolution and the 'good society' : the Soviet Union and the universal declaration of human rights / Jessica Whyte.