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Constanze Weiske - Lawful Conquest?: European Colonial Law and Appropriation Practices in Northeastern South America, Trinidad, and Tobago, 1498–1817

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    Lawful Conquest?: European Colonial Law and Appropriation Practices in Northeastern South America, Trinidad, and Tobago, 1498–1817
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Lawful Conquest?: European Colonial Law and Appropriation Practices in Northeastern South America, Trinidad, and Tobago, 1498–1817: summary, description and annotation

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The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).

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Constanze Weiske Lawful Conquest Dialectics of the Global Edited by - photo 1
Constanze Weiske
Lawful Conquest?
Dialectics of the Global
Edited by
Matthias Middell
Volume
Constanze Weiske
Lawful Conquest?
European Colonial Law and Appropriation Practices in Northeastern South America, Trinidad, and Tobago, 14981817
ISBN 9783110689990 e-ISBN PDF 9783110690149 e-ISBN EPUB 9783110690224 - photo 2
ISBN 9783110689990
e-ISBN (PDF) 9783110690149
e-ISBN (EPUB) 9783110690224
Bibliographic information published by the Deutsche Nationalbibliothek
The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at http://dnb.dnb.de.
2021 Walter de Gruyter GmbH, Berlin/Boston
bersicht
Contents
  1. On the Series
  2. Acknowledgements
  3. Chapter 1 Introduction
    1. UNDRIPs as Remedial Instrument?
    2. The New Historical Scholarship and the doubtful European Conquest
    3. Unlawfully Taken Historical Territories and the Caribbean Reparation Debate
  4. Chapter 2 European Colonial Law and Appropriation Practices in the Americas
    1. Many European Laws of Nation
    2. Terra Nullius vs. Treaty Making
    3. Discovery vs. Occupation
    4. Conquest and the Question of Just War
  5. Chapter 3 Spanish De Jure Myths (14931573)
    1. The Discovery Myth and the Papal Bulls of 1493
    2. Spains Persistent Legal Debate (15031573)
    3. The Legal Writings of Francisco de Vitoria (1532)
  6. Chapter 4 Spanish Colonial Appropriation Practices in Terra Firme and Trinidad (15031591)
    1. Enslavement in the Indies between War and Labour (15031537)
    2. Spanish Short-Term Settlements in Trinidad (15301579)
    3. Failed Capitulaciones and the Discovery Myth of El Dorado (15301591)
  7. Chapter 5 San Joseph de Orua (15921802)
    1. Lines in the Soil (15921637)
    2. Battered San Joseph (16361699)
    3. The Spatial Extent of Capuchin Missions in Trinidad (16861783)
  8. Chapter 6 Santo Tome (15951699)
    1. Santo Tome de Morequito (15951637)
    2. Santo Tome de Usupamo (c. 1637)
    3. Carib and French Intervention (16511699)
  9. Chapter 7 Violent Capuchin Removal and Spatial Extensions (16821817)
    1. From Deportation Plans to Violent Removal (1682c. 1788)
    2. Capuchin Missions and Carib Responses (17241813)
    3. The Spatial Extensions of the Secret Boundary Expedition (17611770)
  10. Chapter 8 Dutch De Jure Myths (15811764)
    1. The Legal Writings of Hugo Grotius (16091630)
    2. The Grotian Legal Thought and WIC Practices (16211752)
    3. WIC Agreements and Orders on the Wild Coast (16721764)
  11. Chapter 9 Dutch Appropriation Practices on the Wild Coast and Tobago (15811673)
    1. Dutch Settlements on the Wild Coast (c. 16131637)
    2. Van Peres Berbice Colony and the WIC in Essequibo (16161732)
    3. The Dutch and Courlanders in Tobago (16271803)
  12. Chapter 10 Essequibo and the Limits of Plantations (1670/751803)
    1. Fort Kijkoveral and the WIC Plantations at the Essequibo Junction (1670/75c. 1764)
    2. Plantations at the Essequibo Junction (16991771)
    3. Fort Zeelandia and Lower Essequibo (17301803)
  13. Chapter 11 Dutch Inland Posts and the Limits of Jurisdiction and Interference (17371790)
    1. Arinda and the Limits of Jurisdiction (17371790)
    2. The Dutch Cuyuni Post and Capuchin Violent Removal (17301790)
    3. The Limits of Dutch Interference (16731776)
  14. Chapter 12 Dutch Posts on the Wild Coast and the Limits of Alliance (16781814)
    1. Dutch Posts from Pomeroon to Barima (16781796)
    2. Moruca and Capuchin Violent Removal (c. 17521794)
    3. From Collars to Knobs: The Limits of Alliance (17631814)
  15. Chapter 13 Conclusion
  16. List of Abbreviations
  17. Bibliography
    1. I Primary Sources
      1. Archival Sources (European Colonial Practices)
    2. Additional Primary Sources
    3. Additional Historical Maps
    4. Printed Primary Sources (European Colonial Law)
    5. United Nations
    6. II Secondary Sources
    7. Newspaper Articles
  18. Index
On the Series
Ever since the 1990s, globalization has been a dominant idea and, indeed, ideology. The metanarratives of Cold War victory by the West, the expansion of the market economy, and the boost in productivity through internationalization, digitization and the increasing dominance of the finance industry became associated with the promise of a global trickle-down effect that would lead to greater prosperity for ever more people worldwide. Any criticism of this viewpoint was countered with the argument that there was no alternative; globalization was too powerful and thus irreversible. Today, the ideology of globalization meets with growing scepticism. An era of exaggerated optimism for global integration has been replaced by an era of doubt and a quest for a return to particularistic sovereignty. However, processes of global integration have not dissipated and the rejection of globalization as ideology has not diminished the need to make sense both of the actually existing high level of interdependence and the ideology that gave meaning and justification to it.
The following three dialectics of the global are in the focus of this series:
Multiplicity and Co-Presence: Globalization is neither a natural occurrence nor a singular process; on the contrary, there are competing projects of globalization, which must be explained in their own right and compared in order to examine their layering and their interactive composition.
Integration and Fragmentation: Global processes result in de- as well as reterritorialization. They go hand in hand with the dissolution of boundaries, while also producing a respatialization of the world.
Universalism and Particularism: Globalization projects are justified and legitimized through universal claims of validity; however, at the same time they reflect the worldview and/or interests of particular actors.
Acknowledgements
The idea of this book was born in the Makushi village of Surama in 2013, when the present Minister of Indigenous Peoples and former Vice-President of Guyana, Sydney Allicock, has recalled the legal-historical argument of Arawak Stephen Campbell of 1963 that she [the British Queen] took it [the territory of Indigenous Peoples] without our having asked her to do so, which had opened up a completely new perspective on the European colonial history for me, made me wonder about the lawfulness of European colonial practices and set me up for an adventurous journey into the treasuries of historical archives on both sides of the Atlantic and numerous inspiring encounters with the beautiful Indigenous Peoples of northeastern South America. The present book is the result of this research process of both European colonial law and practices in north-eastern South America and tells the story of both Spanish and Dutch colonial practices in interaction with the Arawak, Chiamas, Nepoio, Warouws, Acowaio, Makushi, Wapishana, Caribs, Guayanos, Yaio, Shebaio, Sapoyos, Tivitives, Chaguanas, Pariagotos, Semicorals, Saliva, Guaicas, Panacays, Guaraunos, Parhavianes, and Magnauts of northeastern South America in the time period between Columbus first visit in Paria in 1498 and Simn Bolvars capture of Angostura in 1817.
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