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Empire, Emergency and International Law


ISBN13: 9781316623886
Published: December 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £25.99
Hardback edition , ISBN13 9781107172517



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What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes?

In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics.

The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.

Subjects:
Public International Law
Contents:
Foreword
Prologue

Part I. Traditions of the Oppressed:
1. Emergency, colonialism and third world approaches to international law
2. Racialisation and states of emergency
3. Emergency doctrine: a colonial account

Part II. Empire's Law:
4. Emergency derogations and the international human rights project
5. Kenya: a 'purely political' state of emergency
6. The margin of appreciation doctrine: colonial origins

Part III. The Colonial Present:
7. Palestine: a 'scattered, shattered space of exception'?
8. Australia: racialised emergency intervention
9. International law, resistance and 'Real' states of emergency

Bibliography.