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Naulila 1914. World War I in Angola and International Law

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Book Series: Studien zur Geschichte des Völkerrechts ISBN: 9783845271606 Year: Volume: 35 Pages: 516 DOI: http://dx.doi.org/10.5771/9783845271606 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:39
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Abstract

In 1885, Germany and Portugal became neighbours in Africa. The newly founded colony of German Southwest Africa prevented the southwards expansion of the ancient colony of Angola. The border along the Cunene and Kavango Rivers remained under dispute. After the outbreak of World War I in Europe, Portugal’s neutrality was questioned in German Southwest Africa, and when a group of German officials waiting near the border of Angola for food transports were shot in the Angolan fortress Naulila, a state of war between both colonies seemed inevitable. German troops launched several military reprisals against fortresses in southern Angola, most significantly against Naulila in December 1914. After their victory at Naulila, the Germans retreated to GSWA. However, African powers, most notably Kwanyama forces led by King Mandume, used the weakness of the defeated Portuguese army to expel the colonial troops from southern Angola. In 1915, a counter-offensive was launched with troops from Portugal that ended with the complete occupation of Kwanyama territories. After the war, a Luso-German arbitration procedure according to the Treaty of Versailles (1919) assessed the damages in Angola and Germany’s responsibility to pay reparations. The arbitration award of 1928 that established Germany’s responsibility for the violation of international law when attacking Naulila became a landmark case. It still holds relevance for modern international law. The final part of this book analyses the memorial culture that developed in Angola, Namibia, Germany and Portugal around the war in 1914/15.

Entanglements in Legal History

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Book Series: Global Perspectives on Legal History ISBN: 9783944773001 9783944773100 Year: Pages: 576 DOI: 10.12946/gplh1 Language: English
Publisher: Max Planck Institute for European Legal History
Subject: Law --- History
Added to DOAB on : 2019-04-17 11:21:04
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"Legal History presents a broad panorama of historical processes that trigger theoretical reflections on legal transfers and legal transplants and on the problem of the reception and assimilation laws and other modes of normativity. In this volume, legal historians across the globe reflect on their analytical traditions and present case studies in order to discuss how entangled histories of law can be understood, analyzed and written.
In the first section of this volume, ‘Traditions of Transnational Legal History’, the authors revisit specific achievements and shortcomings of legal historical research against the backdrop of postcolonial and global studies. Reflections on our own disciplinary traditions that reveal the path-dependencies include critical accounts on the tradition of ‘European Legal History’, ‘Codification history’, the emergence of ‘Hindu Law’, and the methodological aspects of Comparative Law.
The four articles in the second section, ‘Empires and Law’, showcase entangled legal histories forged in imperial spaces, for instance, through treaties concluded in the spheres of influence of ancient Roman Empire, which in this instance is analyzed as a process of ‘narrative transculturation’. Analogously, transnational institutions adjudicating merchant-disputes in the Early Modern Spanish Empire and normative frameworks constructed in a multilingual space shortly after its decline are analyzed as ‘diffusion and hybridization’. And finally, the spotlight is cast on the so-called ‘craftsmen of transfer’ and the bureaucrats that took practical comparative law as the basis to design the German colonial law.
In the third section, ‘Analyzing transnational law and legal scholarship in 19th and early 20th century’, seven case studies offer theoretical reflections about entangled legal histories. The discussions range from civil law codifications in Latin America as ‘reception’ or ‘normative transfers’, entangled histories of constitutionalism as ‘translations’ and ‘legal transfer’, formation of transnational legal orders in 19th century International Law and the International Law on state bankruptcies to the impact of transnational legal scholarship on criminology. All articles engage in methodological reflections and discussions about their concrete application in legal historical research."

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