... Regulatory Rights
Supreme Court Activism, the
Public Interest, and the Making of
Constitutional Law
larry yackle
the university of chicago press chicago and london
THE DOCUMENTARY CONSTITUTION ... warp and woof of constitutional
law is still traceable to the written document and must be, given that
the document and only the document counts...
... international law.
13
The project, then, was to excise these
colonial aspects of international law from the system of international
law and to recreate a new, open and non-colonial international law.
It ... basis for the norms of jus gentium, and internalized in that
it represents the authentic identity of the Indian.
War, sovereignty and the tran...
... Geneva Convention
for the Amelioration of the Condition
of the Wounded and Sick in Armed
Forces in the Field: Commentary
(ICRC, Geneva, 1952)
table ofconventions xlvii
1993
Convention on the Prohibition ... Geneva Conventions of
12 August 1949, Section II: Protocol
Additional to the Geneva
Conventions of 12 August 1949, and
relating to the Protection of Victims...
... System and colonial problems 13 6
The Mandate System and the construction of the
non-European state 14 7
Government, sovereignty and economy 15 6
The mandate and the dissolution of sovereignty 17 9
The ... 10 0
3Colonialismandthebirthofinternational
institutions: the Mandate System of the League
of Nations 11 5
Introduction 11 5
The creation of...
... considering the place of international
law among the sciences’,
57
and international lawyers of the period
invariably refer to the ‘science’ of international law.
58
The positivist self-
image of being ... Oppenheim, The Science of
International Law.
59
Lawrence, The Principles of International Law, p.94.
60
Ibid., p. 1.
40 imperialism, sovereig...
... Walker, A History of the Law of
Nations,p.12.
72 imperialism, sovereignty and international law
positivist practice of focusing on the words of the treaty, to the complete
exclusion of the circumstances ... Persons and subjects of International Law. ’ Oppenheim,
International Law, p.110.Seeibid., pp. 154 156.
85
Lawrence, The Principles of Inter...
... in the first place.
229
In effect, Europe is the subject of sovereignty and non-Europe the
object of sovereignty. Acceptance of these premises the primacy of
sovereignty and the identification of ... critics of the Eurocentric character of
international law, were hopeful that the acquisition of sovereignty and
the participation of the Third Wo...
... the mandate system of the league of nations 147
The Mandate System and the construction of the
non-European state
The mandates and the problem of sovereignty
The primary novelty of the Mandate ... pp. 153 9 154 5.
1 95
Wright, Mandates,p.249.
196
PMC, Seventh Session,p.201.
197
Wright, Mandates, pp. 252 254 .
the mandate system of the league of nati...
... Countries and the Universality
of International Law , (1 963 )2Columbia Society of International Law Bulletin 5 12, cited in
Fatouros, International Law and the Third World’, 788.
the mandate system of ... Africa? A Moral and Legal Inquiry’, (1995)16Michigan Journal of
International Law 1113.
208 imperialism, sovereignty and international law
and...
... that the principles embodied in this international law of
contracts derived from ‘general principles of law . One of the aspirations
of the new states was to expand the range of international law ... Political Participation’, 545.
sovereignty and the post-colonial state 2 17
in the exercise of its sovereignty and in accordance with international
l...
... in the case of the
Mandate System, the people who are the objects of this system, the
peoples of the Third World, are denied any effective decision making
power. The governance structure of the ... with the ideals
that inform them the ideals of ‘good governance’, the ‘rule of law and
‘democracy’. Rather, the attempt here is to contest imperial versions...
... undermined, international human rights law, international
humanitarian law and, most significantly, the law relating to the UN
Charter and the use of force.
99
And just as the novelty of the threat
posed ... Transactions of the
Grotius Society126 144
Alvarez, Alejandro, ‘Latin America and International Law , ( 190 9) 3 American
Journal of International...
... Annual Report of the Mandatory Powers’, (1926) 10
League of Nations Official Journal1322 1328
Lorimer, James, The Institutes of the Law of Nations: A Treatise of the Jural Relations of
Separate ... Co.,
1946)
Norton, Patrick M., Law of the Future or Law of the Past? Modern Tribunals
and the International Law of Expropriation’, (1991) 85 American Jo...
... dominated by
28
Bull, The Anarchical Society, p. 20 .
29
Ibid., p. 22 .
30
Dunne, Inventing International Society, pp. 145–6.
32
European Conquest and the Rights of Indigenous Peoples
peoples as standing ... first, the dis-
placement of natural law concerned with the rights and duties of
humans everywhere by the positive law of states; and second, ch...
... to the deliberations of the CHR Working Group
have been the definition of indigenous peoples and their participation.
A lot of the politics of the decade has been taken up with the question
of ... Europe.
127
European Conquest and the Rights of Indigenous Peoples
At the second session of the CHR Working Group there was much less
debate on defin...