Re-reading Vitoria: Re-conceptualising the responsibility of rebel movements

Greenman, K

Re-reading Vitoria: Re-conceptualising the responsibility of rebel movements

Greenman, K

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Publisher:: Brill
Publication Type:: Journal Article
Citation:: Nordic Journal of International Law, 2014, 83, (4), pp. 357-403
Issue Date:: 2014-01-01

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Field	Value	Language
dc.contributor.author	Greenman, K https://orcid.org/0000-0001-5160-8006
dc.date.accessioned	2021-10-11T03:38:38Z
dc.date.available	2021-10-11T03:38:38Z
dc.date.issued	2014-01-01
dc.identifier.citation	Nordic Journal of International Law, 2014, 83, (4), pp. 357-403
dc.identifier.issn	0902-7351
dc.identifier.issn	1571-8107
dc.identifier.uri	http://hdl.handle.net/10453/150981
dc.description.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.
dc.language	en
dc.publisher	Brill
dc.relation.ispartof	Nordic Journal of International Law
dc.relation.isbasedon	10.1163/15718107-08304001
dc.rights	info:eu-repo/semantics/closedAccess
dc.subject	1801 Law
dc.title	Re-reading Vitoria: Re-conceptualising the responsibility of rebel movements
dc.type	Journal Article
utslib.citation.volume	83
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access	*
dc.date.updated	2021-10-11T03:38:37Z
pubs.issue	4
pubs.publication-status	Published
pubs.volume	83
utslib.citation.issue	4

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.

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http://hdl.handle.net/10453/150981