Monday, December 23, 2019

Finding The Peripheries Sovereignty And Colonialism

In â€Å"Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law,† Antony Anghie discusses the concept of sovereignty and membership. He uses the term â€Å"family nations† to illustrate the relations of states. Anghie seeks to find the answer to how â€Å"new† Europe deal with the task of â€Å"how order is created among sovereign state.† To which he asserts that â€Å"special doctrine† of shared norms and values have been devised for purpose of determining states’ sovereignty. Hence, states have resorted to the development of an international law to help them govern and set out the criteria that are required in order to be acknowledged as a sovereign state. Anghie subsequently put forth that this â€Å"international law applied only to the sovereign states that composed the civilized â€Å"Family Nations.† This definition excluded third world countries who were deemed as being â€Å"non-civi lized states† such as â€Å"non-European states.† This definition is problematic as it a very biased perception. The term sovereign state is arguably a social construct made by European as it is mainly of a Western European origin. Anghie acknowledges that states could be formally considered â€Å"sovereign† only if â€Å"they satisfied the criteria [for] membership in the civilized international society, they lacked the comprehensive range of power enjoyed by the European sovereigns.† This ultimately illustrates how the development of international law has dominated by European as western normsShow MoreRelatedColonial Rule Of Independence And Independence10047 Words   |  41 Pagesimportant role in governing a state and adjudicating disputes, the decision to retain an extraterritorial appellate institution such as the JCPC seems counterintuitive and an affront to state sovereignty. Elden (2006) states three fundamental canons anchoring this assertion- â€Å"the notion of equal sovereignty of states, internal competence for domestic jurisdiction and territorial integrity† (p. 11). 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