https://link.springer.com/content/pdf/10.2307%2F3343168.pdf

Development as Freedom

From a world history perspective, the most noticeable trend in the history of the late 19th century was the domination of Europeans over Non­Europeans. This domination took many forms ranging from economic penetration to outright annexation. No area of the globe, however remote from Europe, was free of European merchants, adventurers, explorers or western missionaries. Was colonialism good for either the imperialist or the peoples of the globe who found themselves subjects of one empire or another? A few decades ago, the answer would have been a resounding no. Now, in the wake of the collapse of the Soviet Union, the more or less widespread discrediting of Marxist and Leninist analysis, and the end of the Cold War, political scientists and historians seem willing to take a more positive look at Nineteenth Century Imperialism. One noted current historian, Niall Ferguson has argued that the British Empire probably accomplished more positive good for the world than the last generation of historians, poisoned by Marxism, could or would concede. Ferguson has argued that the British Empire was a \" liberal \" empire that upheld international law, kept the seas open and free, and ultimately benefited everyone by ensuring the free flow of trade. In other words, Ferguson would find little reason to contradict the young Winston Churchill's assertion that the aim of British imperialism was to: give peace to warring tribes, to administer justice where all was violence, to strike the chains off the slave, to draw the richness from the soil, to place the earliest seeds of commerce and learning, to increase in whole peoples their capacities for pleasure and diminish their chances of pain. It should come as no surprise that Ferguson regards the United States current position in the world as the natural successor to the British Empire and that the greatest danger the U.S. represents is that the world will not get enough American Imperialism because U.S. leaders often have short attention spans and tend to pull back troops when intervention becomes unpopular. It will be very interesting to check back into the debate on Imperialism about ten years from now and see how Niall Ferguson's point of view has fared! The other great school of thought about Imperialism is, of course, Marxist. For example, Marxist historians like E.J. Hobsbawm argue that if we look at the l9th century as a great competition for the world's wealth and …

The New Imperialism

International Relations scholars have vigorous theories to explain why international organizations (IOs) are created, but they have paid little attention to IO behavior and whether IOs actually do what their creators intend. This blind spot flows logically from the economic theories of organization that have dominated the study of international institutions and regimes. To recover the agency and autonomy of IOs, we offer a constructivist approach. Building on Max Weber's well-known analysis of bureaucracy, we argue that IOs are much more powerful than even neoliberals have argued, and that the same characteristics of bureaucracy that make IOs powerful can also make them prone to dysfunctional behavior. IOs are powerful because, like all bureaucracies, they make rules, and, in so doing, they create social knowledge. IOs deploy this knowledge in ways that define shared international tasks, create new categories of actors, form new interests for actors, and transfer new models of political organization around the world. However, the same normative valuation on impersonal rules that defines bureaucracies and makes them powerful in modern life can also make them unresponsive to their environments, obsessed with their own rules at the expense of primary missions, and ultimately produce inefficient and self-defeating behavior. Sociological and constructivist approaches thus allow us to expand the research agenda beyond IO creation and to ask important questions about the consequences of global bureaucratization and the effects of IOs in world politics.

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The Politics, Power, and Pathologies of International Organizations

The Law of Peoples John Rawls Harvard 1999 John Rawls, the great political philosopher, has turned his reflections to questions of international justice, much as his philosophical ancestor Kant did toward the end of his career. Indeed, Kant's conception of a "pacific federation" of states in Perpetual Peace is Rawls's acknowledged model for the "realistic utopia" sketched in The Law of Peoples, which expands upon his 1993 essay by the same title (without, however, revising its basic argument). Despite differing philosophical constraints and geopolitical conditions, both Kant and Rawls aim to develop an ideal normative framework for international law that accommodates a measure of realism and rejects the idea of a world-state. Unfortunately, in its uncritical acceptance of so-called "decent hierarchical societies" even at the level of ideal theory, the normative claim of Rawls's Law of Peoples is undermined. This philosophical appeasement, meant to secure perpetual peace in our time through a moderately demanding Law of Peoples that liberal and "decent" hierarchical societies alike can endorse, departs fundamentally from Kant's cosmopolitanism. For Kant, the "First Definitive Article of a Perpetual Peace-as opposed to a temporary interruption of hostilities-is that each member state of the foedus pacif cum must have a republican form of government, which is partly founded upon "the principle of legal equality for everyone (as citizens)." By contrast, Rawls weakens his ideal of international justice to buy the assent of hierarchical societies, which by definition lack equality among citizens, at the price of sacrificing a theoretical basis for justifying reforms of the practices and institutions of these hierarchical societies above a minimal level of decency. Rawls's complex argument begins by extending the original position, in which principles of justice for the basic structure of society are chosen under epistemic constraints that ensure fairness, from a single liberal society to what he calls the Society of Liberal Peoples. In a second step, though still within ideal theory, he argues that the substantive principles comprising the Law of Peoples are also acceptable to decent hierarchical societies, which possess decent consultation hierarchies and common good conceptions of justice. Despite being inegalitarian, decent hierarchical societies do respect basic human rights, allow some dissent, and at least consult with representatives of groups whose members are denied full citizenship rights. …

The Law of Peoples

Acknowledgements Table of cases Table of treaties Introduction 1. Francisco de Vitoria and the colonial origins of international law (i) Introduction (ii) Vitoria and the problem of universal law (iii) War, sovereignty and the transformation of the Indian (iv) Conclusion 2. Finding the peripheries: colonialism in nineteenth-century international law (i) Introduction (ii) Elements of positivist jurisprudence (iii) Defining and excluding the uncivilized (iv) Native personality and managing the colonial encounter (v) Reconceptualizing sovereignty 3. Colonialism and the birth of international institutions: the mandate of the League of Nations (i) Introduction (ii) Creation of the mandate system (iii) The league of nations and the new international law (iv) The mandate system and colonial problems (v) The mandate system and the construction of the non-European state (vi) Government, sovereignty, and economy (vii) The mandate and the discussion of sovereignty (viii) The legacies of the mandate system: toward the present (ix) Conclusion 4. Sovereignty and the post-colonial state (i) Introduction (ii) Decolonization and the universality of international law (iii) Development, nationalism and the post-colonial state (iv) Development and the reform of international law (v) Permanent sovereignty over natural resource and the new international economic order (vi) The 1962 resolution on PSNR (vii) The 1974 charter of rights and duties among states (viii) Colonialism and the emergence of transnational law (ix) Sources of law and international contracts (x) Overview and conclusions 5. Governance and globalization, civilization and commerce (i) Introduction (ii) Good governance and the third world (iii) Governance, human rights and the universal (iv) International financial institutions, human rights and good governance (v) International financial institutions and the mandate system (vi) Conclusions and overview 6. On making war on the terrorists: imperialism as self-defense (i) Introduction (ii) The war against terrorism (WAT) (iii) The United States and imperial democracy (iv) Historical origins: war, conquest and self-defense (v) Terrorism and the United Nations: a Victorian moment (vi) Terrorism, self-defense and third world sovereignty Conclusion.

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Imperialism, sovereignty, and the making of international law

In the post-1945 period the policy of Northern states has moved from the neglect of refugees in the Third World, to their use as pawns in Cold War politics, to their containment now. The paper explores in these shifting policy contexts the geopolitics of knowledge production in the field of refugee studies. The arrival of the 'new asylum seekers' in the 1980s signalled the expansion of refugee studies. A 'new approach' took shape which critiqued the established positivist approach to refugee law and created the myth of difference (the idea that great dissimilarities characterized refugee flows in Europe and the Third World). It advocated the rejection of the exile bias of refugee law; reliance on the solution of voluntary repatriation; and responsibility of the state of physical origin. In legitimizing the 'new approach', a key role, so far ignored, has been played by the knowledge production and dissemination functions of UNHCR.

The Geopolitics of Refugee Studies: A View from the South

The article argues that a growing network of international institutions — economic, social, and political — constitute a nascent global state, whose current task is to realize the interests of an emerging transnational capitalist class in the international system to the disadvantage of subaltern classes in the third and first worlds. The evolving global state formation can therefore be described as having an imperial character. Underpinning the emerging imperial global state is a web of sub-national authorities and spaces that represent, along with non-governmental organizations, its decentralized face. These developments, it is contended, seriously undermine substantive democracy at both inter-state and intra-state levels. Eight possible objections to the thesis that a nascent global state having an imperial character has evolved are next considered and rejected. The concluding section briefly explores the question as to whether international institutions can be reformed, the vision that should inform change, and some concrete proposals in this regard. It argues the case for a complex internationalism in which statist reforms are necessary in the short and medium terms. These reforms can only be brought about by a powerful global social movement.

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International Institutions Today: An Imperial Global State in the Making

This essay seeks to understand and explain the birth of Forced Migration Studies. It argues that the turn from Refugee Studies to Forced Migration Studies must be viewed against the backdrop of the history and relationship of colonialism and humanitarianism, as a certain commonality binds the past and present eras. The move to Forced Migration Studies accompanies the inauguration of a phase of political humanitarianism with a distinct accent, albeit encapsulated in new forms and issues, on ‘civilizing’ the Other. In making this contention the paper distances itself from both the defenders and critics of the turn to Forced Migration Studies. It inter alia contends that Refugee Studies, like Forced Migration Studies, has served the geopolitics of hegemonic states. But since all knowledge is dual use, both have also had humanitarian effects. But a greater degree of disciplinary reflexivity would go a long way to ensure that the genuinely humanitarian strand in Forced Migration Studies prevails.

The Birth of a ‘Discipline’: From Refugee to Forced Migration Studies

While humanitarianism has always had a presence in international politics it has never had the salience it possesses today. This may be attributed to the fact that humanitarianism is the ideology of hegemonic states in the era of globalization marked by the end of the Cold War and a growing North-South divide. The paper explores at first the relationship between globalization and humanitarianism as it manifests itself in the world of international law and politics and emphasizes that the Northern commitment to humanitarianism coexists with a range of practices which violate its essence. It then goes on to show how the new humanitarianism is causing the erosion of the fundamental principles of refugee protection and is transforming the character of UNHCR. The paper concludes with some recommendations on how to move from new humanitarianism to just humanitarianism.

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Globalization, Humanitarianism and the Erosion of Refugee Protection

Foreword - Richard Falk Introduction The Realist Theory of International Law The World of Hans Morgenthau The McDougal-Laswell Approach to International Law Richard Falk and the Grotian Quest Towards a Transdisciplinary Jurisprudence The Marxist Theory of International Law In Lieu of a Conclusion

B. S. Chimni

Papers

The Geopolitics of Refugee Studies: A View from the South

International Institutions Today: An Imperial Global State in the Making

The Birth of a ‘Discipline’: From Refugee to Forced Migration Studies

Globalization, Humanitarianism and the Erosion of Refugee Protection

International Law and World Order: A Critique of Contemporary Approaches