The modern state and the re-creation of the indigenous other: The case of the authentic Sami in Sweden and the white man's Indian in the United States of America

The present study comparatively examined the socio-political and economic transformation of the indigenous Sámi in Sweden and the Indian American in the United States of America occurring first as a consequence of colonization and later as a product of interaction with the modern territorial and industrial state, from approximately 1500 to 1900. ^ The first colonial encounters of the Europeans with these autochthonous populations ultimately created an imagery of the exotic Other and of the noble savage. Despite these disparaging representations, the cross-cultural settings in which these interactions took place also produced the hybrid communities and syncretic life that allowed levels of cultural accommodation, autonomous space, and indigenous agency to emerge. By the nineteenth century, however, the modern territorial and industrial state rearranges the dynamics and reaches of power across a redefined territorial sovereign space, consequently, remapping belongingness and identity. In this context, the status of indigenous peoples, as in the case of Sámi and of Indian Americans, began to change at par with industrialization and with modernity. At this point in time, indigenous populations became a hindrance to be dealt with the legal re-codification of Indigenousness into a vacuumed limbo of disenfranchisement. It is, thus, the modern territorial and industrial state that re-creates the exotic into an indigenous Other. ^ The present research showed how the initial interaction between indigenous and Europeans changed with the emergence of the modern state, demonstrating that the nineteenth century, with its fundamental impulses of industrialism and modernity, not only excluded and marginalized indigenous populations because they were considered unfit to join modern society, it also re-conceptualized indigenous identity into a constructed authenticity.^

A qualified defense of American drone attacks in northwest Pakistan under international humanitarian law

Since the terrorist attacks of September 11, 2001, international law has had to grapple with the fundamental challenges that large-scale violence carried out by non-State actors poses to the traditional inter- State orientation of international law. Questions related to the “adequacy” and “effectiveness” of international humanitarian law, international human rights law and the law related to the use of force have been particularly pronounced. This paper focuses on the international humanitarian law implications of American drone attacks in northwest Pakistan. A highly-advanced modality of modern warfare, armed drones highlight the possibilities, problems, prospects and pitfalls of high-tech warfare. How is the battlefield to be defined and delineated geographically and temporally? Who can be targeted, and by whom? Ultimately, this paper concludes that American drone attacks in northwest Pakistan are not unlawful as such under international humanitarian law, though, like any tactical decision in the context of asymmetric warfare, they should be continuously and closely monitored according to the dictates of law with sensitivity to facts on the ground.

The Right to Water in the Case-Law of the Inter-American Court of Human Rights

The human right to water is nowadays more broadly recognised, mainly due to the essential societal function that this resource plays; likewise, because of the present water scarcity is generating conflicts between its different uses. Thus, this right aims at protecting human beings by guaranteeing access to clean water that is essential to satisfy vital human needs. Similarly, access to clean water is an important element to guarantee other rights including the right to life and health. The recognition of the right to water is mainly achieved in two ways: as a new and independent right and as a subordinate or derivative right. Concerning the latter, the right to water can emanate from civil and political rights, such as the right to life; or can be derived from economic, social and cultural rights, including the right to health, the right to an adequate standard of living, and the right to housing. This contribution explores the position of the Inter-American Court of Human Rights regarding the right to water, and analyses whether the Court has recognised the right to water and, if so, in which manner.

Remote law-making? American drone strikes and the development of jus ad bellum

There is growing concern amongst international lawyers that the United States’ use of unmanned armed vehicles to conduct lethal targeting operations against non-state actors is setting a dangerous precedent for the future and might lead to an erosion of important rules under international law. Taking seriously these concerns, this article examines in more detail the potential precedent created by the US through its lethal drone strikes and the provided justifications, for the purpose of the development of jus ad bellum. In identifying the claims made by the US under different theories of customary international law as qualified practice or expressions of opinio juris that can lead to an alteration of the law should they be accepted by the international community, this article takes a first step towards a more extensive debate on the potential effects of the US drone strikes on the development of international law.

Second International Conference of American States : Message from the President of the United States, transmitting a communication from the Secretary of State, submitting the report, with accompanying papers, of the delegates of the United States to the Second International Conference of American States, held at the City of Mexico from October 22, 1901, to January 22, 1902.

Mode of access: Internet.

The International conferences of American states, 1889-1928; a collection of the conventions, recommendations, resolutions, reports, and motions adopted by the first six International conferences of the American states, and documents relating to the organization of the conferences,

Bibliography: p. xli-xliv.

International adjudications, ancient and modern; history and documents,

Each volume has special t.-p.

A history of diplomacy in the international development of Europe.

Contains bibliographies.

A selection of cases and other readings on the law of nations, chiefly as it is interpreted and applied by British and American courts,

Includes lists of readings.

Report of the delegates of the United States to the Third International Conference of the American States : held at Rio de Janeiro, Brazil, July 21, to August 26, 1906.

Issued also as part of the United States Congress serial set (Senate document no. 365, 59th Congress, 2nd session --- SERIAL 5073).

Popular law library, Putney ...

Examination questions in each volume

Modern American law; a systematic and comprehensive commentary on the fundamental principles of American law and procedure, accompanied by leading illustrative cases and legal forms, with a rev. ed. of Blackstone's Commentaries;

v. I. The modern democracy, the citizen and the law - Legal ethics - Law : its origin, nature, development - Courts : federal and state - Law of contracts -- v. 2. Law of torts -- v. 3. Criminal Law - Law of criminal procedure - Law of persons and domestic relations -- v. 4. Personal property and bailments - Law of liens and pledges - Law of agency - Law of sales of personal property -- v. 5. Law of real property -- v. 6. Law of descent and distribution, wills and administration, guardian and ward - Law of landlord and tenant - Law of irrigation and water rights - Law of mines and mining -- v. 7. Equity - Law of trusts - Law of quasi-contacts - Law of estoppel -- v. 8. Law of negotiable instruments - Law of suretyship and guaranty - Law of mortgages : real and chattel - Interpretation of statutes -- v. 9. Law of private corporations - Law of partnership - law of banks, banking and trust companies - Law of receivers -- v. 10. Pleadings in civil actions at common law and under modern statutes - Practice in civil actions - Law of equity pleading - Law of evidence - Laws of attachment and garnishments - Law of judgments and executions - Law of extraordinary remedies - Law of habeas corpus -- v. 11. Constitutional law : definitions and general principles - Organization and powers of the United States Government - Constitutional guaranties of fundamental rights - Eminent domain - Taxation - Naturalization -- v. 12. Conflict of laws - International law - Law of interstate commerce - Law of bankruptcy - Law of patents - Law of copyright - Law of trademarks - Unfair competition and good-will -- v. 13. Law of public service companies, especially common carriers - Law of municipal corporations - Law of public officers and elections - Parliamentary law -- v. 14. Law of damages - Law of insurance - Admiralty law - Medical jurisprudence - Forms -- v. 15. Blackstone's Commentaries.

Is Crimea Kosovo? Fundamental Misunderstandings and Failed Diplomacy Between Russia and the West in the Post-Cold War International System

Thesis (Master's)--University of Washington, 2016-06

Inter-American Court, Crimes Against Humanity and Peacebuilding in South America

The present work contains a general overview of the sentences of the Inter-American Court of Human Rights (IACtHR), which have recognised that crimes against humanity are pre-existing in customary law, and do not prescribe, nor can they be subject to amnesty or pardon. Specific attention is paid to the consequent restrictions and opportunities offered by said verdicts to countries such as Argentina, Chile, Uruguay and Peru, which find themselves in postconflict transition processes and where peace has been negotiated with certain groups and state structures that are responsible for carrying out crimes against humanity. In doing so, special attention is paid to the impact of the recognition of the nature of crimes against humanity on the notion of the principle of legality, stricto sensu; on the development and evolution of the doctrine and the practice of international human rights law in the inter-American context; and finally on the aforementioned processes of transitional justice.