New Imperialism and the Legal Disentanglement of Dichotomies New Imperialism and the Legal Disentanglement of Dichotomies This thesis will, firstly, construct the factual and legal fundaments on which the (research of the) master thesis rests, by defining New Imperialism and analyzing its factual and legal implications in practice. Secondly, it analyzes the legal doctrine with regard to colonialism, more specifically, New Imperialism in the framework of the law of nations in the second half of the nineteenth century and the beginning of the twentieth century. In this respect, a special focus will be laid on the relation between the colonizing power and the peoples on the newly discovered, conquered and occupied territories. And, thirdly, it (partly) deconstructs the leading and determining dichotomy in international law between the civilized and non-civilized world in the second half of the nineteenth century and the beginning of the twentieth century. Addressing the strengths and weaknesses of several dichotomies, like naturalism v. positivism, civilization v. non-civilization and territorial sovereignty v. private property of land, will be the central issue throughout the thesis. Master thesis prepared for the „Research Master in Law‟ Supervisor: Prof. Dr. R.C.H. Lesaffer Written by Mieke van der Linden Education: Research Master in Law (two-years-variant) ANR: 223364 E-mail:
[email protected] Date: 28th of June, 2010 1 New Imperialism and the Legal Disentanglement of Dichotomies Preface The underlying Master Thesis forms part of a broader PhD research project, which is still in a preliminary stage and bears the following title: Dominium and Imperium in the Treaty Practice of the Age of New Imperialism in the Heart of the African Continent (1870-1914): State Responsibility for Grave Historical Injustices.