http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
European colonial law and appropriation practices in Northeastern South America, Trinidad, and Tobago, 1498-1817
The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book challenges this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating its 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 examines the European shadow of the colonial past in the Americas. Based on the application of a 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 presents an 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).
European Colonial Law and Appropriation Practices in the Americas -- Spanish De Jure Myths (1493-1573) -- Spanish Colonial Appropriation Practices in Terra Firme and Trinidad (1503-1591) -- San Joseph de Oruña (1592-1802) -- Santo Tome (1595-1699) -- Violent Capuchin Removal and Spatial Extensions (1682-1817) -- Dutch De Jure Myths (1581-1764) -- Dutch Appropriation Practices on the Wild Coast and Tobago (1581-1673) -- Essequibo and the Limits of Plantations (1670/75-1803) -- Dutch Inland Posts and the Limits of Jurisdiction and Interference (1737-1790) -- Dutch Posts on the "Wild Coast" and the Limits of Alliance (1678-1814).
Includes bibliographical references and index.
Berlin ; Boston : De Gruyter Oldenbourg, [2021]