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4 - “Dwarves and Giants”

International Law, Sovereign Equality, and the Monopolization of Sovereign Rights

Published online by Cambridge University Press:  16 June 2020

Lora Anne Viola
Affiliation:
Freie Universität Berlin
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Summary

International law makes a claim to universality; it is supposed to be the law that applies to the relations among all peoples. This chapter argues that international law, instead, serves as a mechanism of closure; it provides a restrictive articulation of the rules that define which actors have a capacity for international rights. The chapter offers a reading of two of the most influential figures in early international law, Grotius and Vattel, in terms of the closure thesis. It traces the principle mechanism of closure to a notion of property rights that invests the territorial state with the capacity for rights based on possession and ownership. It then details how the combination of property and natural rights as the basis for sovereignty would justify the equal treatment of some and the domination and exploitation of others. Rules of closure served to accelerate the formation of property monopolies, first in the form of colonial extraction and later in the form of market neoliberalization. The chapter considers the contemporary implications of the international-law-as-closure argument. At stake is whether universalism is understood as a project of homogenizing differences and protecting privileges, or of making space for pluralism and diversity.

Type
Chapter
Information
The Closure of the International System
How Institutions Create Political Equalities and Hierarchies
, pp. 119 - 162
Publisher: Cambridge University Press
Print publication year: 2020

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  • “Dwarves and Giants”
  • Lora Anne Viola, Freie Universität Berlin
  • Book: The Closure of the International System
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108612562.004
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  • “Dwarves and Giants”
  • Lora Anne Viola, Freie Universität Berlin
  • Book: The Closure of the International System
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108612562.004
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • “Dwarves and Giants”
  • Lora Anne Viola, Freie Universität Berlin
  • Book: The Closure of the International System
  • Online publication: 16 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108612562.004
Available formats
×