Race, Empire, International Law

    (1) How did the meaning of sovereignty in the 15th century, as defined by Francis de Vitoria, establish a racial hierarchy among peoples, specifically distinguishing European and non- European peoples? To answer this question, also draw on Antony Anghie’s critique of Vitoria. Later, in the 19th century, the United States Supreme Court also limited indigenous sovereignty using the framework of law. Give one example of how the Supreme Court did this and how the Court’s decision continued a legacy established by Vitoria in regard to indigenous peoples? (2) What does the “consent of the governed” mean and how did it ensure ongoing colonial domination under the veneer of self-determination in the post-World War I period? Think about how Woodrow Wilson and Jan Smuts conceived of self-determination in the drafting of the League of Nations Mandate system. How does that definition change in the post- World War II order and specifically, as captured by the UNGA Resolution 1514 (1960)? What is the significance of this change, specifically how does challenge the legitimacy of colonialism as a system of governance as well as the future of imperialism? Readings: Please also see the upload files for other readings https://supreme.justia.com/cases/federal/us/21/543/ https://supreme.justia.com/cases/federal/us/30/1/ https://supreme.justia.com/cases/federal/us/45/567/