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Full-Text Articles in Law

Leopold & Morel: A Story Of ‘Free Trade’ And ‘Native Rights’ In The Congo Free State, Padideh Ala'i Dec 2005

Leopold & Morel: A Story Of ‘Free Trade’ And ‘Native Rights’ In The Congo Free State, Padideh Ala'i

Working Papers

This article explores the role of the doctrine of free trade in the creation of the Congo State in 1885 and the relationship between free trade and native rights with respect to the subsequent campaign to reform the colonial administration of the Congo State. On one hand, King Leopold II of Belgium successfully used the rhetoric of free trade and native rights to camouflage his personal ambitions in Africa. He set up international associations with the stated aim of "exploring and civilizing Africa" through "legitimate trade" and "suppression of the slave trade", Leopold convinced the major European powers and the …


Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini Jan 2005

Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

Departing from an appraisal of the topical relevance of what Canadian based geographer Derek Gregory has perceptively called 'the colonial present', this article presents a number of departures for an investigation of the ways in which the codes of a colonial conditions have infiltrated the metropolitan west (Gregory 2004). This article suggests a number of possible starting points for further discussion and focuses on an analysis of the long term process of transfer of colonial forms from colony to core and on an appraisal of migrations and their governance as one privileged site for the production and reproduction of coloniality.


Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry Jan 2005

Of Desi, J. Lo And Color Matters: Law, Critical Race Theory The Architecture Of Race, Imani Perry

Cleveland State Law Review

In this article I want to posit two ways in which a critique of the black white binary leads us to understandings of race and racism that are useful for the struggles of all peoples of color. The first is, the critique should lead us to advocate for an understanding of race as an architecture rather than categorical. The second argument is that when we focus upon race as an architecture it leads us away from a linear notion of racial hierarchy with white at the top and black at the bottom, and towards a sense that the distribution of …


Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson Jan 2005

Redressing Colonial Genocide: The Hereros' Cause Of Action Against Germany, Rachel J. Anderson

Scholarly Works

In February 2003, the Herero People's Reparations Corporation filed a complaint against Germany in the District Court of the District of Columbia alleging violations of international law, crimes against humanity, genocide, slavery, and forced labor before, during, and after the German-Herero War (1904-07). The German government, modern scholars, and other commentators have long taken the position that genocides committed by colonial governments in the nineteenth century did not violate international law at that time. Arguments for this position rely, inter alia, on the belief that all forms of genocide were first criminalized and made punishable by the 1948 U.N. Convention …