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European Conquest and the Rights of Indigenous Peoples Part 8

Quyền con người được hiểu để điều chỉnh các mối quan hệ giữa quốc gia và cá nhân trong bối cảnh của cuộc sống bình thường. Trong khi đó, luật nhân đạo thể hiện mối quan hệ giữa các nước trong tình trạng chiến tranh và những người sống trong nó, bất kể là trung lập hay thù địch trong bối cảnh một cuộc xung đột vũ trang bùng nổ. | 6 Dealing with difference The changing representations of indigenous peoples in international law discussed earlier reflect the evolution of European political theory. Prior to the establishment of a distinct positive international law legal political and moral reasoning were not separated into the distinct discourses they are more often than not assumed to be in contemporary theory and practice. As the example of Vattel writing Locke s ideas on property into international law showed there was an important crossfertilisation of ideas between political and legal writing. The two realms of thought were in many respects mutually constitutive just as international law and international society have been. Preceding chapters have also shown that in European encounters with non-Europeans difference and cultural incommensurability were important factors in shaping political and legal thought and in turn in denying the rights of indigenous peoples. Political and legal thought asserted the superiority of European culture and served to justify the dispossession of non-Europeans. As a whole the study has been concerned to give indigenous peoples a more prominent place in the intellectual history of international society and this necessarily involves having to think about the impact cultural difference has on relationships both within states and across borders. This is not to say that culture has been neglected entirely by those concerned with understanding international society. In an article that relates Martin Wight s three traditions of thought about international relations to understanding the nature of the European encounter with the first Australians Timothy Dunne claims that certain thinkers . associated with the English School have not neglected questions of culture and identity . This is Dunne writes especially true of Wight s lectures and he regards his own discussion of Wight as subversive of the recent claim that culture and identity are 185 European Conquest and .