Question

(a) What is the relationship between Commerece &
Civilization.​

Answer 1

Answer:

HE broad topic of this conference, the relationship between interna-

tional law, race and colonialism, raises questions of the first impor-

tance to the discipline of international law, and I am very honored to be a

part of this event.

Perhaps one of the most notable aspects of the complex relationship

between race and international law is the extent to which the character of

that relationship has apparently changed over the past one hundred years.

In short, at the beginning of the twentieth century, international law ex-

plicitly furthered racism, whereas now, at the turn of the new millennium,

international law appears forcefully committed to the eradication of

racism.

The historical centrality of race for the discipline of international law

is clearly revealed by a study of nineteenth century jurists. These jurists

were preoccupied with the question of the limits of international law, with

the issue of whether international law was capable of encompassing, gov-

erning and accommodating peoples belonging to very different societies.

Race is perhaps the most powerful and obvious marker of difference, the

apparently stable and self-evident foundation on which further and more

elaborate ideas of difference-focusing on culture, on "civilization," on

economic backwardness-may be constructed. Race, transmuted into the

more comprehensive notion of "civilization," is central to the very defini-

tion of international law. Thus, even in 1928, international law was de-

fined as "the name for the body of customary and conventional rules

which are considered legally binding by civilised States in their intercourse

with each other."'

Race served a very important function, for it determined the issue of

membership within the family of nations. Furthermore, it usually signified

not merely difference, but inferiority-the characteristics of which were

* Associate Professor of Law, College of Law, University of Utah. My thanks

to Professor Ruth Gordon and the other organizers of the symposium on Critical

Race Theory and International Law: Convergence and Divergence. This work was

supported by the Summer Stipend Program of the College of Law, University of

Utah.

This work draws upon my chapter, Universality and the Concept of Governance in

International Law, in LEGITIMATE GOVERNANCE IN AFRIcA (E.K. Quashigah & O.C.

Okafor eds., Kluwer Law Int'l 1999).

1. LASSA OPPENHEIM, INTERNATIONAL LAw: A TREATISE 3-4 (Arnold McNair ed.,

4th ed. 1928).

(887)

Answer 2

Explanation:

ᴄᴏᴍᴍᴇʀᴄᴇ, ᴄɪᴠɪʟɪᴢᴀᴛɪᴏɴ. ... ᴄᴏᴍᴍᴇʀᴄᴇ ᴘʀᴇsᴜᴘᴘᴏsᴇs ᴀɴᴅ ᴍᴀʀᴄʜᴇs ʜᴀɴᴅ ɪɴ ʜᴀɴᴅ ᴡɪᴛʜ ᴄɪᴠɪʟɪᴢᴀᴛɪᴏɴ, ᴀɴᴅ ᴄᴏᴍᴍᴇʀᴄᴇ ᴛʜʀᴏᴜɢʜ ᴀʟʟ ᴛɪᴍᴇs ʜᴀs ᴅᴇᴠᴇʟᴏᴘᴇᴅ ᴄɪᴠɪʟɪᴢᴀᴛɪᴏɴ, ᴡʜɪʟᴇ ᴄɪᴠɪʟɪᴢᴀᴛɪᴏɴ ʜᴀs ᴏғᴛᴇɴ ғᴀɪʟᴇᴅ ᴀɴᴅ ʀᴇᴛʀᴏɢʀᴀᴅᴇᴅ ᴛᴏ ᴛʜᴇ ᴅᴇᴛʀɪᴍᴇɴᴛ ᴀɴᴅ sᴇᴛ-ʙᴀᴄᴋ ᴏғ ᴄᴏᴍᴍᴇʀᴄᴇ.

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