Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You and Your Team.

Learn More →

Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements

Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a ‘management model’ which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements

Nordic Journal of International Law , Volume 83 (4): 357 – Nov 1, 2014

Loading next page...
 
/lp/brill/re-reading-vitoria-re-conceptualising-the-responsibility-of-rebel-UPRrXqwTjp
Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
0902-7351
eISSN
1571-8107
DOI
10.1163/15718107-08304001
Publisher site
See Article on Publisher Site

Abstract

This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a ‘management model’ which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move.

Journal

Nordic Journal of International LawBrill

Published: Nov 1, 2014

Keywords: rebel movements; international humanitarian law; human rights; international responsibility; Francisco de Vitoria; historical approaches to international law; feminist legal theory; postcolonial legal theory

There are no references for this article.