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 misinterpretation piled up throughout history by the European interest making mind back then to have a new understanding of an international vehicle that ensures the application of justice.
The idea that colonialism is crucial to the formation of international law and that international law has always been enlivened by the mission of civilizing, governing and transforming non-European peoples. Was international law a creation of Europe and western theories to ease the occupation of sovereign societies throughout the history? Looking back at the history of international law development in the period from the 1648 Peace of Westphalia to the First World War parallel to the political events taking place at that time, one can find that many international law doctrines and principles that were formed in Europe emerged out of European history and experience. These doctrines, invariably, were created and altered by Europeans for their own aims.
The development of international law, and the part of non-European societies within this process, may be better understood in ter...
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...erefore, international law should get rid of the piled up throughout history tradition that shaped legal institutions based on misinterpretation that justifies injustice. This will help us to decently face and better interpret the legal generalities and institutions in our complex world of international law.
Did the cultural differences between societies contribute to the concept that states should maintain regular law and order in order to allow consular jurisdiction to function?
Do you believe that even when the newly states became independent, the west manifested it's control over it by fueling civil wars through the ethnic and religious differences?
What do you think of the development of international human rights law? Is the universality of human rights that guarantees basic rights an extension of imperialism in the post colonialism phase?
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