The acquisition of Africa (1870-1914) : the nature of international law / by Mieke van der Linden.
2017
KZ4540 .L56 2017 (Map It)
On loan from Cellar, due 29. Dec 2019
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Details
Title
The acquisition of Africa (1870-1914) : the nature of international law / by Mieke van der Linden.
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
KZ4540 .L56 2017
ISBN
9789004319134 (hardback ; alk. paper)
9004319131 (hardback ; alk. paper)
9789004321199 (ebook)
9004319131 (hardback ; alk. paper)
9789004321199 (ebook)
Description
xii, 352 pages ; 25 cm.
Other Standard Identifiers
9789004319134
System Control No.
(OCoLC)956340313
Summary
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Note
Based on the author's thesis (doctoral - Tilburg University, 2014).
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Over recent decades, the responsibility for the past actions of the European colonial powers in relation to their former colonies has been subject to a lively debate. In this book, the question of the responsibility under international law of former colonial States is addressed. Such a legal responsibility would presuppose the violation of the international law that was applicable at the time of colonization. In the 'Scramble for Africa' during the Age of New Imperialism (1870-1914), European States and non-State actors mainly used cession and protectorate treaties to acquire territorial sovereignty (imperium) and property rights over land (dominium). The question is raised whether Europeans did or did not on a systematic scale breach these treaties in the context of the acquisition of territory and the expansion of empire, mainly through extending sovereignty rights and, subsequently, intervening in the internal affairs of African political entities.
Bibliography, etc. Note
Includes bibliographical references (pages 304-339) and index.
Series
Available in Other Form
Online version: Linden, Mieke van der, 1987- Acquisition of Africa (1870-1914). Boston : Brill, 2016 9789004321199 (DLC) 2016040228
Record Appears in
Table of Contents
Preface
ix
1.
New Imperialism: Imperium, Dominium and Responsibility under International Law
1
1.
Introduction
1
2.
New Imperialism
2
3.
New Imperialism in International Legal Discourse
7
4.
Dominium and Imperium
17
5.
Legal and Social Relevance
21
6.
Methodology and Case Studies
25
7.
Plan
32
2.
Dominium
34
1.
Property Rights: Theoretical Premises
34
2.
European and African Perspectives
38
2.1.
Land Law from a European Point of View
38
2.2.
African Land Law
41
3.
Concluding Remarks: New Imperialism and Natives' Property Rights
48
3.
Imperium
51
1.
Introduction
51
2.
Theoretical and Conceptual Framework
52
3.
Nineteenth-century European International Law: Sovereignty, Territory and State
55
4.
African Perspective
62
5.
Concluding Remarks
67
4.
Territorium et Titulus
70
1.
Introduction
70
2.
Treaties, Cession and Protectorates
72
2.1.
International Legal Theory
81
2.2.
Cession and Protectorate Treaties
88
3.
Conclusion
92
5.
British Nigeria
95
1.
Introduction
95
2.
Historical Background
96
3.
Treaties and Contracts between Britain and African Natives
106
3.1.
Early Stage: Cession Treaties and Trade Contracts
107
3.2.
1880s and 1890s: Protectorate Treaties
112
4.
Legislation in the Wake of the Acquisition of Sovereignty over Territory
120
5.
Judiciary and Its Case Law
127
5.1.
Colonial Judiciary
127
5.2.
Case Law
131
6.
Conclusion
137
6.
French Equatorial Africa
139
1.
Introduction
139
2.
Historical Background
140
3.
French Treaty Practice in Equatorial Africa
145
3.1.
Cession Treaties
148
3.2.
Protectorate Treaties
151
3.3.
Evaluation of French Treaty Practices
159
4.
Legislation in the Wake of the Transfer of External Sovereignty
161
5.
Case Law and the Interpretation of Treaties
164
6.
Conclusion
169
7.
German Cameroon
174
1.
Introduction
174
2.
Historical Background
174
3.
Treaties between Germany and Cameroonian Rulers
185
3.1.
Validity of Treaties
185
3.2.
Treaty Practice
189
4.
Legislation Following the Conclusion of Treaties
199
5.
Treaty Interpretation and Execution
210
6.
Conclusion
213
8.
Ex facto ius oritur?
215
1.
International Law in Practice: Treaties between European States and African Polities
216
2.
Legality of the Treaty-based Acquisition and Partition of Africa
227
2.1.
Interference with Natives' Land Ownership
228
2.2.
Violation of International Law
234
2.3.
Customary International Law Impaired
236
3.
Theory versus Practice: What was International Law in the Nineteenth Century?
238
4.
Conclusion
241
9.
Reflection on the Nature of International Law: Redressing the Illegality of Africa's Colonization
245
1.
Introduction
245
2.
Inter-temporal Rule
246
2.1.
General Features of the Inter-temporal Rule
247
2.2.
ICJ and the Inter-temporal Rule
252
2.3.
International Law in Its Historical Context
257
3.
Impossibility of Establishing Responsibility?
260
3.1.
Non-identifiable Parties
260
3.2.
Supersession
266
4.
Recognition
268
5.
Conclusion
279
10.
Evaluative Summary and Conclusion
282
Chronological List of Treaties and Other Agreements
293
Case Laws
301
Bibliography
304
Index
340