Saksena, P orcid.org/0000-0002-8190-9827 (2020) Jousting Over Jurisdiction: Sovereignty and International Law in Late Nineteenth-Century South Asia. Law and History Review, 38 (2). pp. 409-457. ISSN 0738-2480
Abstract
The article examines the relationship between colonialism and international law by focusing on late nineteenth century debates surrounding the sovereignty of the “princely states” of colonial South Asia. The princely states were ruled by indigenous rulers and were not considered to be British territory, but remained subject to British “influence;” as a result, there were numerous controversies over their legal status. During the course of jurisdictional disputes, a variety of interested players - British politicians, colonial officials, international lawyers, rulers and advisors of princely states - engaged in debates over the idea of sovereignty to resolve questions of legal status, the extent of rights and powers, and to construct a political order that supported their interests and aspirations. I focus on legal texts written by British international lawyers and colonial officials as well as material relating to two jurisdictional disputes (one between the state of Travancore and the British Government and another between the state of Baroda and the British Government) to trace two versions of sovereignty that were articulated in late nineteenth century South Asia - unitary and divisible. In doing so, I argue that international law, and the doctrine of sovereignty in particular, became the shared language for participants to debate political problems and a key forum for the negotiation of political power.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © the American Society for Legal History, Inc. 2019. This is an author produced version of a paper accepted for publication in Law and History Review. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 23 Sep 2019 14:20 |
Last Modified: | 18 Dec 2020 11:31 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/S0738248019000701 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:151033 |