Race, Empire, International Law

 

 

(1) How did the meaning of sovereignty in the 15th century, as defined by Francis de Vitoria, establish a racial
hierarchy among peoples, specifically distinguishing European and non- European peoples? To answer this
question, also draw on Antony Anghie’s critique of Vitoria. Later, in the 19th century, the United States
Supreme Court also limited indigenous sovereignty using the framework of law. Give one example of how the
Supreme Court did this and how the Court’s decision continued a legacy established by Vitoria in regard to
indigenous peoples?
(2) What does the “consent of the governed” mean and how did it ensure ongoing colonial domination under
the veneer of self-determination in the post-World War I period? Think about how Woodrow Wilson and Jan
Smuts conceived of self-determination in the drafting of the League of Nations Mandate system. How does that
definition change in the post- World War II order and specifically, as captured by the UNGA Resolution 1514
(1960)? What is the significance of this change, specifically how does challenge the legitimacy of colonialism
as a system of governance as well as the future of imperialism?
Readings:
Please also see the upload files for other readings
https://supreme.justia.com/cases/federal/us/21/543/
https://supreme.justia.com/cases/federal/us/30/1/
https://supreme.justia.com/cases/federal/us/45/567/

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