{"title":"Portuguese Policy in Sri Lanka as a Reflection of the Emergence of 16th Century International Law","authors":"Dr. Punsara Amarasinghe","doi":"10.1515/gj-2023-0021","DOIUrl":null,"url":null,"abstract":"Abstract The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law. The objective of this article lies in examining the trajectories that set the path for Portuguese imperial legitimacy of Kotte kingdom of Sri Lanka through a legal legitimacy. In analysing these historical factors, this article will discuss the emergence of the colonial international law.","PeriodicalId":34941,"journal":{"name":"Global Jurist","volume":"41 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Jurist","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/gj-2023-0021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law. The objective of this article lies in examining the trajectories that set the path for Portuguese imperial legitimacy of Kotte kingdom of Sri Lanka through a legal legitimacy. In analysing these historical factors, this article will discuss the emergence of the colonial international law.
期刊介绍:
Global Jurist offers a forum for scholarly cyber-debate on issues of comparative law, law and economics, international law, law and society, and legal anthropology. Edited by an international board of leading comparative law scholars from all the continents, Global Jurist is mindful of globalization and respectful of cultural differences. We will develop a truly international community of legal scholars where linguistic and cultural barriers are overcome and legal issues are finally discussed outside of the narrow limits imposed by positivism, parochialism, ethnocentrism, imperialism and chauvinism in the law. Submission is welcome from all over the world and particularly encouraged from the Global South.