The Role of the Agreements Concluded with Local Political Entities in the Course of French Colonial Expansion in West Africa

Hébié, Mamadou

doi:10.1093/bybil/brv016

Cited by 4 publications

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“…114 This practice indicates that statehood was not necessarily a condition sine qua non for the recognition of legal personality and that local entities were deemed to enjoy treaty-making capacity in certain contexts (e.g., conferral of titles to sovereignty). 115 In light of this, it does not always make sense to require that the interests of a people are mediated through the state in negotiations or claims. 116 A legitimate interest of peoples or groups to participate and be heard may flow from other norms, such as self-determination, equality or non-discrimination or cultural rights.…”

Section: Towards a 'Post-colonial International Law'mentioning

confidence: 99%

Reckoning with colonial injustice: International law as culprit and as remedy?

Stahn

2020

Leiden Journal of International Law

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To fall under the spell of an object, to be touched by it, moved emotionally by a piece of art in a museum, brought to tears of joy, to admire its forms of ingenuity, to like the artworks' colors, to take a photo of it, to let oneself be transformed by it: all these experiences-which are also forms of access to knowledge-cannot simply be reserved to the inheritors of an asymmetrical history. Felwin Sarr and Bénédicte Savoy, 2018 *I wish to thank Eric de Brabandere and Ingo Venzke for their comments.

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Section: Towards a 'Post-colonial International Law'mentioning

confidence: 99%

Reckoning with colonial injustice: International law as culprit and as remedy?

Stahn

2020

Leiden Journal of International Law

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“…Microhistories can reveal historical events such as colonization, war crimes or the slave trade through the eyes of the witnesses and victims, by investigating specific court proceedings, legal instruments and institutions. 117 Especially where given regimes 'turned peoples into numbers … it is for us as scholars … to turn the numbers back into people.' 118 Therefore, microhistory is 'history with a human face' and that face is that of the victim, the witness, the persecuted, the subaltern, the marginalized, and the neglected.…”

Section: Playing With Scalesmentioning

confidence: 99%

Perspective and Scale in the Architecture of International Legal History

Vadi

2019

European Journal of International Law

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The history of international law has come of age. Once the domain of specialized scholars and practitioners, it has begun to attract the attention of international lawyers, legal historians, and other interested readers. This certainly constitutes a positive development: international law has a high pedagogical value, as it contributes to 'build peace in the minds of men' and women. In parallel, the histories of international law can provide a better understanding of its past, present, and future trajectories. Moreover, the recent success of certain international legal histories shows that interest in international law and its histories is not the reserve of international lawyers or legal historians only. Rather, international legal histories can attract the interest of the public at large. Recent trends such as the turn to history of international law, the parallel turn to international law of history and the resulting emergence of international legal history as a field of study have encouraged an unprecedented interest in methodological questions in international legal history. Should international legal historians focus on the specific or the general? Should their narration be accessible to the many or should it be academic and addressed to the few? This article contributes to these emerging debates by focusing on the perspective and scale of analysis and investigating whether micro-historical approaches can help international legal historians to bridge the gap between the academic realm and the public, unveil unknown or little known international legal histories, and contribute to the development of the field. This article aims to start a discussion on perspective and scale in international legal history and argues for inclusive and pluralist approaches by drawing out the advantages and potential of microhistory in relation to, and combination with, the prevalent doctrinal, institutional, and diplomatic macro-histories of international law.

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The Bangwa Queen: Artifact or Heritage?

Campfens¹

2019

Int J Cult Prop

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Abstract:The return of cultural objects lost as a result of colonial rule is a controversial issue. A common response is: “it was legal at the time” and, therefore, not a legal issue. But is that so? This article argues that it is not a lack of legal norms that explains this belated discussion but, rather, the asymmetrical application of norms. Moreover, a human rights law approach, focusing on the heritage aspect of cultural objects for people today—instead of a sole focus on property title—offers useful tools to structure this field. To illustrate these points, a case concerning an African ancestral sculpture today known as the “Bangwa Queen” will be assessed on its merits under international law. The Bangwa Queen is of spiritual importance to the Bangwa, a people indigenous to the western part of Cameroon. She was taken as part of a collection of so-calledlefemfigures by German colonizers in 1899 and is currently part of a French museum collection.

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The Role of the Agreements Concluded with Local Political Entities in the Course of French Colonial Expansion in West Africa

Cited by 4 publications

References 0 publications

Reckoning with colonial injustice: International law as culprit and as remedy?

Reckoning with colonial injustice: International law as culprit and as remedy?

Perspective and Scale in the Architecture of International Legal History

The Bangwa Queen: Artifact or Heritage?

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