A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.

This Handbook sets a new agenda for theoretical and practical explorations of citizenship, analysing the main challenges and prospects informing today's world of increased migration and globalization. It will also explore new forms of membership and democratic participation beyond borders, and the rise of European and multilevel citizenship.

An historical analysis of how ethnicity shaped international law and why it is relevant to minorities and ethnic conflicts today.

Prospect Top 50 Thinker of 2021 British Academy Book Prize Finalist PROSE Award Finalist “Provocative, elegantly written.” —Fara Dabhoiwala, New York Review of Books “Demonstrates how a broad rethinking of political issues becomes possible when Western ideals and practices are examined from the vantage point of Asia and Africa.” —Pankaj Mishra, New York Review of Books In case after case around the globe—from Israel to Sudan—the colonial state and the nation-state have been constructed through the politicization of a religious or ethnic majority at the expense of an equally manufactured minority. The model emerged in America, where genocide and internment on reservations created a permanent native minority. In Europe, this template would be used both by the Nazis and the Allies. Neither Settler nor Native offers a vision for arresting this process. Mahmood Mamdani points to inherent limitations in the legal solution attempted at Nuremberg. Political violence demands political solutions: not criminal justice but a rethinking of the political community to include victims and perpetrators, bystanders and beneficiaries. Making the radical argument that the nation-state was born of colonialism, he calls on us to delink the nation from the state so as to ensure equal political rights for all who live within its boundaries. “A deeply learned account of the origins of our modern world...Mamdani rejects the current focus on human rights as the means to bring justice to the victims of this colonial and postcolonial bloodshed. Instead, he calls for a new kind of political imagination...Joining the ranks of Hannah Arendt’s Imperialism, Frantz Fanon’s The Wretched of the Earth, and Edward Said’s Orientalism, this book is destined to become a classic text of postcolonial studies and political theory.” —Moustafa Bayoumi, author of How Does It Feel to Be a Problem? “A masterwork of historical comparison and razor-sharp political analysis, with grave lessons about the pitfalls of forgetting, moralizing, or criminalizing this violence. Mamdani also offers a hopeful rejoinder in a revived politics of decolonization.” —Karuna Mantena, Columbia University “A powerfully original argument, one that supplements political analysis with a map for our political future.” —Faisal Devji, University of Oxford

A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.

Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.

This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.