The Land of Nations: Indigenous Struggles for Property and Territory in International Law

Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transform...

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Main Author: Roger Merino
Format: Article
Language:English
Published: Cambridge University Press 2021-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772321000106/type/journal_article
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author Roger Merino
author_facet Roger Merino
author_sort Roger Merino
collection DOAJ
description Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new practices deployed in settler societies. In this context, the first international legal theories were aimed at subordinating third world societies and, at the same time, provided the foundations of Western legal apparatus, shaping racially the modern concepts of sovereignty, territory, and property.
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spelling doaj.art-6ba797b101ba4dfeb83b7134ff26156f2023-03-09T12:27:09ZengCambridge University PressAJIL Unbound2398-77232021-01-0111512913410.1017/aju.2021.10The Land of Nations: Indigenous Struggles for Property and Territory in International LawRoger Merino0Professor at the Universidad del Pacífico, Lima, Peru.Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new practices deployed in settler societies. In this context, the first international legal theories were aimed at subordinating third world societies and, at the same time, provided the foundations of Western legal apparatus, shaping racially the modern concepts of sovereignty, territory, and property.https://www.cambridge.org/core/product/identifier/S2398772321000106/type/journal_article
spellingShingle Roger Merino
The Land of Nations: Indigenous Struggles for Property and Territory in International Law
AJIL Unbound
title The Land of Nations: Indigenous Struggles for Property and Territory in International Law
title_full The Land of Nations: Indigenous Struggles for Property and Territory in International Law
title_fullStr The Land of Nations: Indigenous Struggles for Property and Territory in International Law
title_full_unstemmed The Land of Nations: Indigenous Struggles for Property and Territory in International Law
title_short The Land of Nations: Indigenous Struggles for Property and Territory in International Law
title_sort land of nations indigenous struggles for property and territory in international law
url https://www.cambridge.org/core/product/identifier/S2398772321000106/type/journal_article
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