front cover of Among the Powers of the Earth
Among the Powers of the Earth
The American Revolution and the Making of a New World Empire
Eliga H. Gould
Harvard University Press, 2012

For most Americans, the Revolution’s main achievement is summed up by the phrase “life, liberty, and the pursuit of happiness.” Yet far from a straightforward attempt to be free of Old World laws and customs, the American founding was also a bid for inclusion in the community of nations as it existed in 1776. America aspired to diplomatic recognition under international law and the authority to become a colonizing power itself.

As Eliga Gould shows in this reappraisal of American history, the Revolution was an international transformation of the first importance. To conform to the public law of Europe’s imperial powers, Americans crafted a union nearly as centralized as the one they had overthrown, endured taxes heavier than any they had faced as British colonists, and remained entangled with European Atlantic empires long after the Revolution ended.

No factor weighed more heavily on Americans than the legally plural Atlantic where they hoped to build their empire. Gould follows the region’s transfiguration from a fluid periphery with its own rules and norms to a place where people of all descriptions were expected to abide by the laws of Western Europe—“civilized” laws that precluded neither slavery nor the dispossession of Native Americans.

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Archiving Sovereignty
Law, History, Violence
Stewart Motha
University of Michigan Press, 2018
Archiving Sovereignty shows how courts use fiction in their treatment of sovereign violence. Law's complicity with imperial and neocolonial practices occurs when courts inscribe and repeat the fabulous tales that provide an alibi for archaic sovereign acts that persist in the present. The United Kingdom's depopulation of islands in the Indian Ocean to serve the United States' neoimperial interests, Australia's exile and abandonment of refugees on remote islands, the failure to acknowledge genocidal acts or colonial dispossession, and the memorial work of the South African Constitution after apartheid are all sustained by historical fictions. This history-work of law constitutes an archive where sovereign violence is mediated, dissimulated, and sustained. Stewart Motha extends the concept of the "archive," as site of origin and source of authority, to signifying what law does in preserving and disavowing the past at the same time.

Sovereignty is often cast as a limit-concept, constituent force, determining the boundary of law. Archiving Sovereignty reverses this to explain how judicial pronouncements inscribe and sustain extravagant claims to exceptionality and sovereign solitude. This wide-ranging, critical work distinguishes between myths that sustain neocolonial orders and fictions that generate new forms of political and ethical life.
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China’s Naval Operations in the South China Sea
Evaluating Legal, Strategic and Military Factors
Bruce Elleman
Amsterdam University Press, 2017
This book provides a history of the South China Sea conflict and lays out the stakes for each of the bordering states and China’s interaction with them – namely, Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia; it also examines the U.S. government’s role in the region. China’s Naval Operations in the South China Sea is highly topical; it examines the evolving perception of the People’s Republic of China’s (PRC) of the South China Sea (SCS), and Beijing’s accompanying maritime strategy to claim the islands and waters, particularly in the context of the strategies of the neighbouring stake-holding nations. In addition to long-standing territorial disputes over the islands and waters of the SCS, China and the other littoral states — Vietnam, the Philippines, Brunei, Malaysia, Taiwan, and Indonesia — have growing and often mutually exclusive interests in the offshore energy reserves and fishing grounds. Many other countries outside of the region worry about the protection of sea lines of communication for military and commercial traffic, oil tankers in particular. These differences have been expressed in the increasing frequency and intensity of maritime incidents, involving both naval and civilian vessels, sometimes working in coordination against naval or civilian targets. Each chapter on the littoral states closely examines that state’s territorial claims to the islands and waters of the SCS, its primary economic and military interests in these areas, its views on the sovereignty disputes over the entire SCS, its strategy to achieve its objectives, and its views on the U.S. involvement in any and all of these issues.
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Eyes Without Country
Searching for a Palestinian Strategy of Liberation
Souad R. Dajani
Temple University Press, 1994

Since Israel's occupation of the West Bank and Gaza Strip in 1967, the quest for just and lasting peace has been a fountainhead of debate, negotiation, and violent friction. Souad Dajani traces the Palestinians' struggle and argues for a strategy of nonviolent civilian resistance based on deterrence and defense. This strategy would defeat Israel's political will to maintain their occupation and prepare Palestinians for a time beyond the interim period of self-rule agreed upon by Israel and the PLO in September 19932.

Dajani's formulation of nonviolent civilian resistance is examined against a backdrop of early developments in Mandate Palestine, the impact of Zionist ideology, and the realities of life for Palestinians under occupation. Her assessment of the role of the PLO, objectives of the Palestinian National Movement, developments since the Gulf War, and other factors crucial to an effective strategy raises critical questions surrounding the operation of nonviolent techniques for the Palestinian community, Israeli politics, and international actors, most prominently the United States.

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Free Burma
Transnational Legal Action and Corporate Accountability
John G. Dale
University of Minnesota Press, 2010
When the military’s ruling party violently quashed Burma’s pro-democracy movement, diplomatic condemnation quickly followed—to little effect. But when Burma’s activists began linking the movement to others around the world, the result was dramatically different. This book is the first to explain how Burma’s pro-democracy movement became a transnational social movement for human rights.

Through the experience of the Free Burma movement, John G. Dale demonstrates how social movements create and appropriate legal mechanisms for generating new transnational political opportunities. He presents three corporate accountability campaigns waged by the Free Burma movement. The cases focus on the legislation of “Free Burma” laws in local governments throughout the United States; the effort to force the state of California to de-charter Unocal Oil Corporation for its flagrant abuse of human rights; and the first-ever use of the U.S. Alien Tort Claims Act to sue a corporation in a U.S. court for human rights abuses committed abroad. Dale’s work also raises the issue of how foreign policies of so-called constructive engagement actually pose a threat to the hope of Burma’s activists—and others worldwide—for more democratic economic development.
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Israel, Jordan, and Palestine
The Two-State Imperative
Asher Susser
Brandeis University Press, 2011
Since 1921, the Zionist movement, the Hashemites, and Palestinian nationalists have been vying for regional control. In this book, Asher Susser analyzes the evolution of the one- and two-state options and explores why a two-state solution has failed to materialize. He provides an in-depth analysis of Jordan’s positions and presents an updated discussion of the two-state imperative through the initiatives of Israel and the Palestinian Authority. Susser argues that Israelis, Palestinians, and Jordanians have cohesive collective identities that violently collide with each other. Because of these entrenched differences, a single-state solution cannot be achieved.
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front cover of Maintaining Arctic Cooperation with Russia
Maintaining Arctic Cooperation with Russia
Planning for Regional Change in the Far North
Stephanie Pezard
RAND Corporation, 2017
This report examines potential transformations that could alter Russia’s current cooperative stance in the Arctic. It analyzes current security challenges related to climate and geography, economy, territorial claims, and military power, suggests some ways in which these could undermine Arctic cooperation, and offers recommendations for the U.S. government to manage the risks to cooperation.
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Partitioning Palestine
Legal Fundamentalism in the Palestinian-Israeli Conflict
John Strawson
Pluto Press, 2010

Law lies at the roots of the Palestinian-Israeli conflict. Jews sought a national home by “Public Law” while Palestinians reject the project as illegal. Britain, the League of Nations and the United Nations all mobilised international law to justify their interventions. After the 1967 war, Israel organised an occupation with excessive legalism that most of the world viewed, in fact, as illegal.

Partitioning Palestine focuses on three key moments in the Palestinian-Israeli conflict: the League of Nations Mandate, the United Nations partition plan and the Oslo agreements. None of these documents are neutral but, rather, encode a variety of meanings. The book traces the way in which these legal narratives have both shaped national identity and sharpened the conflict.

In this pioneering text, John Strawson argues that a committed attachment to the belief in legal justice has hampered the search for a settlement. Law, far from offering conflict resolution, has reinforced the trenches from which Palestinians and Israelis confront one another.

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front cover of Remoteness Reconsidered
Remoteness Reconsidered
The Atacama Desert and International Law
Christopher R. Rossi
University of Michigan Press, 2021

Much of our understanding of the world is framed from the perspective of a dominant power center, or from standard readings of historical events. The architecture of international information distribution, academic centers, and the lingua franca of international scholarly discourse also shape these stories. Remoteness Reconsidered employs the idea of remoteness as an analytical tool for viewing international law's encounter with the Americas from the unusual, peripheral perspective of the Atacama Desert. The Atacama is one of the most remote places on Earth, although that less-than-accurate perspective comes from standard historical accounts of the region, accounts that originate from the “center.” Changing the usual frame of reference leads to a reconsideration of the idea of remoteness and of the subsequent marginalization of historical narratives that influence hemispheric international relations in important ways today. Lessons about international law's encounters with neoliberalism, indigenous and human rights, and the management and extraction of mineral resources take on new significance by following a spatial turn toward the idea of remoteness as applied to the Atacama Desert.

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