Wednesday, June 26, 2013

History of International Law

How many would agree that imperialism hasn’t ended and it is found in what we know today as “international law”? The stark reality is that decolonization took place ONLY AFTER the former empires established another means of retaining control – that mode was international law. International law propagated by the West is today applicable internationally and even locally and relevant to economic, political, social, private and public affairs.
Imperialism takes place even without our awareness. For sovereign nations to be realistically free the strangle-hold that the West dictates through international law must be changed.


Modern international law traces its roots to the 1648 Peace of Westphalia Treaty that was supposed to grant sovereign equality by dividing Europe into sovereign and independent states. The 1648 Treaty of Westphalia was applicable to the civilized European sovereign nations not the non-European uncivilized world.
International law consists of doctrines and principles developed in Europe, influenced by European history and experience. We would be naïve if we were to think that these international laws would be applied to the non-European world without bias because they were designed with bias. They were also designed subtly to promote their Christian faith. If colonies were invaded to spread Christianity and plunder nations – sovereignty was given to ensure this status quo remained unchanged. Let us not fool ourselves - ‘Christian law’ has transformed itself as international law.

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