Imperialism, Sovereignty and the Making of International Law
May 11, 2025
min read
Introduction
The book provides a comprehensive idea of the interaction between imperialism, sovereignty and international law. The book primarily highlights the idea that international law has its roots in colonialism and imperialism. International law was primarily conceived as a mission aimed at governing the non-European population, rooted in the interconnected theme of racial discrimination, cultural subordination and economic exploitation. The book provides its reader with a detailed insight into the development of International Law from Francisco de Vitoria to the post-UN era along with its colonial and imperial legacy.
Outline of Chapter
Chapter 1: Francisco de Vitoria and the colonial origins of international law
Chapter One outlines Vitoria's concept of sovereignty as well as the dichotomy between the Spanish and the Indigenous culture; the chapter highlights the use of this dichotomy to maintain control over the Indians.
Chapter 2: Finding the peripheries: colonialism in nineteenth-century international law
Chapter two deals with the late nineteenth century, the apogee of colonial expansion. This era was marked by the colonization of non-European states for economic and political advantage. The chapter covers how the 19th-century positivists used new vocabulary such as “Civilised” and “Uncivilised” to exclude non-Europeans from the international arena. The concept of sovereignty formed a foundation of positivist jurisprudence to reconstruct the entire system of international law. Furthermore, the chapter also presents 4 primary techniques used by the European states to create this gap:
The book provides a comprehensive idea of the interaction between imperialism, sovereignty and international law. The book primarily highlights the idea that international law has its roots in colonialism and imperialism. International law was primarily conceived as a mission aimed at governing the non-European population, rooted in the interconnected theme of racial discrimination, cultural subordination and economic exploitation. The book provides its reader with a detailed insight into the development of International Law from Francisco de Vitoria to the post-UN era along with its colonial and imperial legacy.
Outline of Chapter
Chapter 1: Francisco de Vitoria and the colonial origins of international law
Chapter One outlines Vitoria's concept of sovereignty as well as the dichotomy between the Spanish and the Indigenous culture; the chapter highlights the use of this dichotomy to maintain control over the Indians.
Chapter 2: Finding the peripheries: colonialism in nineteenth-century international law
Chapter two deals with the late nineteenth century, the apogee of colonial expansion. This era was marked by the colonization of non-European states for economic and political advantage. The chapter covers how the 19th-century positivists used new vocabulary such as “Civilised” and “Uncivilised” to exclude non-Europeans from the international arena. The concept of sovereignty formed a foundation of positivist jurisprudence to reconstruct the entire system of international law. Furthermore, the chapter also presents 4 primary techniques used by the European states to create this gap:
- Treaty Making: Treaties regulated relations, from trade to cessions of sovereignty.
- Colonization: European control was established through treaties, annexation, or conquest.
- Standard of Civilization: Independent non-European states were recognized if they met European-defined "civilization" standards.
- Protectorate Agreements: These treaties established European control in a less overtly imperial manner, often paving the way for further colonization.
Chapter 3: Colonialism and the birth of international institutions: The Mandate System of the League of Nations
Chapter 3 of the book explores the period post World War I that is marked by a shift from positivism to pragmatism after the emergence of the first major international institution i.e. League of Nations. The chapter details how the League of Nations mandate system emerged as a new system of the international system with new means of imposing colonial relations. With means of economic dependency, the system of trusteeship and the new era of the Victoria model of colonization.
Chapter 4: Sovereignty and the post-colonial state
Chapter 4 covers the challenges and reformation experienced in the post-colonial state and their effort to establish sovereignty and maintaining hierarchy in the world order. The chapter details how colonial powers used different dimensions to maintain their control i.e. attempt to assimilate or control minorities, the introduction of the new International Economic Order.
Chapter 5: Governance and globalization, civilization and commerce
Chapter 5 addresses how globalization as well as the concept of governance impacts third world sovereignty. This chapter explores the role of international human rights doctrine in controlling third-world countries. This chapter also criticizes Western values such as democracy, human rights and economic development as a means of influencing third-world countries.
Chapter 6: On making war on the terrorist: imperialism as self-defense
Chapter 6 addresses the connection between the war against terror and its possible purpose of maintaining Western control. The chapter compares contemporary imperialism to the historical form of imperialism. Based on the War against Terrorism international law seeks to institute a new order that reproduces the colonial structures of international law. The author concludes by stating that there are striking parallels between the legal worlds of Vitoria and the present.
Main theme
Chapter 3 of the book explores the period post World War I that is marked by a shift from positivism to pragmatism after the emergence of the first major international institution i.e. League of Nations. The chapter details how the League of Nations mandate system emerged as a new system of the international system with new means of imposing colonial relations. With means of economic dependency, the system of trusteeship and the new era of the Victoria model of colonization.
Chapter 4: Sovereignty and the post-colonial state
Chapter 4 covers the challenges and reformation experienced in the post-colonial state and their effort to establish sovereignty and maintaining hierarchy in the world order. The chapter details how colonial powers used different dimensions to maintain their control i.e. attempt to assimilate or control minorities, the introduction of the new International Economic Order.
Chapter 5: Governance and globalization, civilization and commerce
Chapter 5 addresses how globalization as well as the concept of governance impacts third world sovereignty. This chapter explores the role of international human rights doctrine in controlling third-world countries. This chapter also criticizes Western values such as democracy, human rights and economic development as a means of influencing third-world countries.
Chapter 6: On making war on the terrorist: imperialism as self-defense
Chapter 6 addresses the connection between the war against terror and its possible purpose of maintaining Western control. The chapter compares contemporary imperialism to the historical form of imperialism. Based on the War against Terrorism international law seeks to institute a new order that reproduces the colonial structures of international law. The author concludes by stating that there are striking parallels between the legal worlds of Vitoria and the present.
Main theme
- Colonialism and International Law
The book highlights how International Law is not a neutral term and has its roots in colonialism and imperialism. The standard of civilization doctrine allowed the European state to dictate legal norms and policies effectively excluding non-European states from participating in the international legal system.
The post-World War I period introduced a new era for international law. The League of Nations had two main obligations: substantive obligations, where the mandatory power was to protect and promote the welfare of the natives, and procedural obligations, which involved supervising the proper administration of the mandate territory. The Mandate also adopted the concept of trusteeship (justification: for management of colonized people). But this system was rather an embodiment of the Vitoria’s concept of international law, focusing on the protection of colonized people. The mandate further prioritized economic objectives, turning territories into entities managed largely for economic integration into the colonial power’s system.
The post-war era is marked by different elements that maintain their control i.e. attempt to assimilate or control minorities, the introduction of the new International Economic Order and the role of international human rights doctrine in controlling third-world countries.
The post-World War I period introduced a new era for international law. The League of Nations had two main obligations: substantive obligations, where the mandatory power was to protect and promote the welfare of the natives, and procedural obligations, which involved supervising the proper administration of the mandate territory. The Mandate also adopted the concept of trusteeship (justification: for management of colonized people). But this system was rather an embodiment of the Vitoria’s concept of international law, focusing on the protection of colonized people. The mandate further prioritized economic objectives, turning territories into entities managed largely for economic integration into the colonial power’s system.
The post-war era is marked by different elements that maintain their control i.e. attempt to assimilate or control minorities, the introduction of the new International Economic Order and the role of international human rights doctrine in controlling third-world countries.
- Concept of Sovereignty
Vitoria’s notion of sovereignty allows the sovereign the right to wage war and acquire titles motivated by a sense of duty towards the state and people. The book highlights how the hierarchical relationship between Spanish and indigenous populations was created based on differences in culture as a basis marker of civilized and uncivilized.
During the 19th century the colonial power defined sovereignty by reserving the term for civilized European states. In contrast, denying sovereign status to the non-European societies. This precluded the non-European state from making any legal claim in the realm of sovereignty which did not allow them to have either rights or power. On the other hand, the sovereign state had a free range of rights with no restrictions.
According to the positivist Jurist of the time the Non-European State lacked sovereignty. The determining factors of sovereignty were as follows:
During the 19th century the colonial power defined sovereignty by reserving the term for civilized European states. In contrast, denying sovereign status to the non-European societies. This precluded the non-European state from making any legal claim in the realm of sovereignty which did not allow them to have either rights or power. On the other hand, the sovereign state had a free range of rights with no restrictions.
According to the positivist Jurist of the time the Non-European State lacked sovereignty. The determining factors of sovereignty were as follows:
- Territorial Control: Sovereignty implies control over territory, though exceptions exist, such as the principle that foreign sovereigns and diplomats are not entirely subject to a state’s jurisdiction even when present within its territory.
- Formal Recognition: The concept of sovereignty should be recognized formally, yet true membership in a civilized international society requires meeting specific criteria. A sovereign entity must satisfy these criteria to possess the full array of powers that European sovereigns hold within the framework of international society.
- Doctrine of Assimilation: Positivists created doctrines of assimilation to integrate non-European societies into the international order, including "quasi-sovereignty" and different interpretations of sovereignty. These doctrines provided European powers with the flexibility to control non-European societies without acknowledging their full sovereignty.
Building on earlier discussions, the post-war period marked a shift from positivism to pragmatism, exemplified by the emergence of the League of Nations. The mandate transferred formal sovereignty to non-European peoples while creating new forms of subordination and control, primarily through economic mechanisms. Sovereignty, lacked control over the political economy, leading to a weakened form of self-rule. Additionally, the introduction of the New International Economic Order (NIEO) and concept of the International Human Rights has acted as a mechanism to subjugate the sovereignty of the third world country. NIEO reflects the post-colonial states' aspiration for economic sovereignty, control over natural resources and resistance to the legacy of economic exploitation by former colonial powers.
The United Nations had identified self-determination as one of its central concerns, but the newly freed states lacked control over the political economy. The Asian and African states were excluded from the realm of sovereignty despite the emergence of new concepts. A further concept such as Uti Possidetis was used as a colonial tool to ensure the territorial integrity of the post-colonial state. The sovereignty doctrine in contemporary international law functions in a way that prevents any legal or economic attempt to overcome the effects of colonialism.
Post-9/11, the "war on terror" introduced a new form of imperialism, where international law is used by powerful states to justify interventions in the Third World, which reflects the historical justifications for colonial conquest. The legacy of colonialism continues to challenge the notion of equal sovereignty in the modern era, as international law continues to be influenced by powerful states, especially the former colonizer.
The United Nations had identified self-determination as one of its central concerns, but the newly freed states lacked control over the political economy. The Asian and African states were excluded from the realm of sovereignty despite the emergence of new concepts. A further concept such as Uti Possidetis was used as a colonial tool to ensure the territorial integrity of the post-colonial state. The sovereignty doctrine in contemporary international law functions in a way that prevents any legal or economic attempt to overcome the effects of colonialism.
Post-9/11, the "war on terror" introduced a new form of imperialism, where international law is used by powerful states to justify interventions in the Third World, which reflects the historical justifications for colonial conquest. The legacy of colonialism continues to challenge the notion of equal sovereignty in the modern era, as international law continues to be influenced by powerful states, especially the former colonizer.
- Standard of Civilization
The dichotomy between the civilized and uncivilized has been the major theme of International Law. International Law is an exclusive province of civilized societies while denying membership to non-European societies. On the other hand, non-European states such as Japan and Siam could retain their formal independence only if they conformed to the European definition of Civilization.
These standards enforced European norms as the benchmark for civilization, particularly in terms of legal and diplomatic practices, and compelled non-European states to adapt both external and internal structures to meet these ideals. The non-European had to reform their political and legal system to the European model. The concept of civilization was used to justify European intervention and control over non-European countries.
In the post-war era, colonial states replicated the aspect of the colonial civilizing mission by applying the notion of internal unification and the creation of a unified and coherent nation-state. This effort mirrors colonial practices, as the state prioritizes nation-building and cultural homogeneity, often at the expense of minority groups' rights and autonomy.
The contemporary era also echoes the civilizational hierarchy by subjecting developing countries to norms established by the developed countries such as good governance, international human rights, and democracy. These values or norms by the West were tied with conditions for financial aid or global integration, reinforce a modern civilizational hierarchy. Furthermore, these concepts are tied to conditions for financial aid and global integration.
Analysis and Conclusion
Antony Anghie’s Imperialism, Sovereignty and the Making of International Law offers a transformative perspective on international law and provides a critique of international law while also exposing its foundational ties to colonialism. The book debunks the idea of international law being a neutral and universal system.
Antony Anghie provides various theoretical and historical insights to expose the colonial and imperial foundation of International Law. The author's analysis of the period after the post-World War II era was particularly insightful because this period is often characterized by the emergence of a new system of international law which has been greatly appreciated for its anti-colonial and human rights stance. The author provides a critique of The International Economic Order, Human rights discourse, and good governance that continues to reflect the interest of the former colony.
The book is primarily focused on the major themes of sovereignty and imperialism. The book also requires a reflection on the alternative framework of sovereignty and statehood rooted in Indigenous legal tradition. i.e. Concepts like Samprabhuta or the Navajo understanding of space are absent, limiting the book’s engagement with non-Western epistemologies as counter-narratives. Further Anghie's analysis of international law, while thorough in its legal and historical framework, would benefit from an interdisciplinary approach, such as cultural anthropology and sociology, to provide a more nuanced critique.
Imperialism, Sovereignty and the Making of International Law is a must read book for the students of International law. The Book challenges the conventional understanding of International law by highlighting its imperialism and colonialism roots. The book provides a critical reflection on how historical hierarchies and power imbalances continue to be part of the global legal system. This Book pushes its readers to rethink the foundation of International law as we now know it.
These standards enforced European norms as the benchmark for civilization, particularly in terms of legal and diplomatic practices, and compelled non-European states to adapt both external and internal structures to meet these ideals. The non-European had to reform their political and legal system to the European model. The concept of civilization was used to justify European intervention and control over non-European countries.
In the post-war era, colonial states replicated the aspect of the colonial civilizing mission by applying the notion of internal unification and the creation of a unified and coherent nation-state. This effort mirrors colonial practices, as the state prioritizes nation-building and cultural homogeneity, often at the expense of minority groups' rights and autonomy.
The contemporary era also echoes the civilizational hierarchy by subjecting developing countries to norms established by the developed countries such as good governance, international human rights, and democracy. These values or norms by the West were tied with conditions for financial aid or global integration, reinforce a modern civilizational hierarchy. Furthermore, these concepts are tied to conditions for financial aid and global integration.
Analysis and Conclusion
Antony Anghie’s Imperialism, Sovereignty and the Making of International Law offers a transformative perspective on international law and provides a critique of international law while also exposing its foundational ties to colonialism. The book debunks the idea of international law being a neutral and universal system.
Antony Anghie provides various theoretical and historical insights to expose the colonial and imperial foundation of International Law. The author's analysis of the period after the post-World War II era was particularly insightful because this period is often characterized by the emergence of a new system of international law which has been greatly appreciated for its anti-colonial and human rights stance. The author provides a critique of The International Economic Order, Human rights discourse, and good governance that continues to reflect the interest of the former colony.
The book is primarily focused on the major themes of sovereignty and imperialism. The book also requires a reflection on the alternative framework of sovereignty and statehood rooted in Indigenous legal tradition. i.e. Concepts like Samprabhuta or the Navajo understanding of space are absent, limiting the book’s engagement with non-Western epistemologies as counter-narratives. Further Anghie's analysis of international law, while thorough in its legal and historical framework, would benefit from an interdisciplinary approach, such as cultural anthropology and sociology, to provide a more nuanced critique.
Imperialism, Sovereignty and the Making of International Law is a must read book for the students of International law. The Book challenges the conventional understanding of International law by highlighting its imperialism and colonialism roots. The book provides a critical reflection on how historical hierarchies and power imbalances continue to be part of the global legal system. This Book pushes its readers to rethink the foundation of International law as we now know it.
About the Authors
Anaisha Tiwari
Fourth-year Constitutional Law student at Kathmandu School Of Law with an interest in international law, critical legal theory, and legal philosophy, dedicated to exploring how law can be reimagined to advance justice, equity, and decolonial thought.
View all posts by Anaisha Tiwari