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This dissertation delves into the legal and labour history of Hashemite Iraq (c. 1921-1958) to explore the role international law and its institutions played in Iraqs state formation, as well as, the imperial control of the semi-peripheral region of the Middle East. By highlighting the historical specificity of the semi-periphery in international legal history, it shows how Iraq was a laboratory for experimentation with the concept of sovereignty. A unique doctrine of semi-peripheral sovereignty was skillfully developed by the Permanent Mandates Commission of the League of Nations in Geneva and embedded in the 1930 Anglo-Iraq Treaty to ensure Iraqs independence in 1932 maintained geopolitical and imperial interests that were specific to the region, especially the extraction, production and transportation of Iraqi oil to the Mediterranean. The material effects of this international legal doctrine on the everyday lives of working class Iraqis is traced by looking at how it intersected with British imperial law, land law, the transnational law of oil concessions and pipeline agreements, criminal law and emergency law. The spaces and semi-colonial enclaves of capitalist production and trade of the oil fields in Kirkuk, the railways in Baghdad and the Port of Basra, and their corresponding governing structures are then detailed in micro-histories with the aim of analyzing the manner in which the oil, port and railway workers organized against the semi-colonial and imperial legality that was imposed upon them. The dissertation ends with an analysis of the massive 1948 Wathba uprising against the revision of the 1930 Anglo-Iraq Treaty. The Wathba, successfully prevented the re-imposition of imperialism in Iraq, and would turn into the seed of the July Revolution in 1958. It is situated here within the wider history of decolonization in the Third World to advance a novel methodological approach of the conjuncture to understand anti-colonial and labour agency in relation to international legal history. This study illustrates that undertaking a conjunctural analysis illuminates how the agency of the ordinary peoples of the Third World influenced international legal transformation. The doctrine of semi-peripheral sovereignty and all juridical forms of semi-colonialism would be unequivocally rejected through the Iraqi contribution to the drafting of the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples. This dissertation therefore reveals the unique constitutive relationship between international law, imperialism, and capitalism in the semi-peripheral Middle East, while maintaining the importance of integrating the history of class formation, agency and labour into international legal history. The material effects of this international legal doctrine on the everyday lives of working class Iraqis is traced by looking at how it intersected with British imperial law, land law, the transnational law of oil concessions and pipeline agreements, criminal law and emergency law. The spaces and semi-colonial enclaves of capitalist production and trade of the oil fields in Kirkuk, the railways in Baghdad and the Port of Basra, and its corresponding governing structures are then detailed in micro-histories with the aim of analyzing the manner in which the oil, port and railway workers organized against the semi-colonial and imperial legality that was imposed upon them. The dissertation ends with an analysis of the massive 1948 Wathba uprising against the revision of the 1930 Anglo-Iraq Treaty. The Wathba, successfully prevented the re-imposition of imperialism in Iraq, and would turn into the seed of the July Revolution in 1958. It is situated here within the wider history of decolonization in the Third World to advance a novel methodological approach of the conjuncture in relation to understanding anti-colonial and labour agency in international legal history. This dissertation illustrates that undertaking a conjunctural analysis illuminates how the agency of the ordinary peoples of the Third World influenced international legal transformation. The doctrine of semi-peripheral sovereignty and all juridical forms of semi-colonialism would be unequivocally rejected through the Iraqi contribution to the drafting of the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples. This dissertation therefore reveals the unique constitutive relationship between international law, imperialism, and capitalism in the semi-peripheral Middle East, while maintaining the importance of integrating the history of class formation, agency and labour into international legal history.

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba (‘the leap’) of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.

"This book delves into the legal and labour history of Hashemite Iraq to explore the role international law and its institutions played in Iraq's state formation. Focusing on this specific time and place in international legal history, it shows how Iraq was a laboratory for experimentation with the concept of sovereignty. One direct result of this was the development of the doctrine of semi-peripheral sovereignty. This study traces how this doctrine impact on everyday life of working class Iraqis by looking at its impact on imperial law, land law, the transnational law of oil concessions and pipeline agreements, criminal law and emergency law. It takes case studies including the production and trade of the oil fields in Kirkuk, railways in Baghdad and Basra, looking at how workers organized themselves. This unique approach shows in a very real way how international law was the force for key employment practice developments in an emerging nation state."-- Provided by publisher

Abstract The ‘question of labour’ and its exploitation in the Third World has not been given ample consideration by contemporary international legal scholars in their historical examinations of the making of the international order. This article revisits the history of the interwar institutions of the League of Nations, particularly the International Labour Organization (ILO), to argue that international law reformulated imperialism through its re-articulation of labour relations, beginning with its quest to suppress slavery and ultimately regulate forced labour in Africa. International institutions contributed to the valorization of ‘free wage labour’ in Africa and the Third World through its international ‘native labour’ policies, the development of international labour standards, and especially the passing of the 1930 Forced Labour Convention. The article argues that international institutions safeguarded the processes of capitalist racial/colonial accumulation and labour exploitation by ideologically dis-embedding the violence of slavery and forced labour from ‘free wage labour’, veiling the structural unity and totality of the international legal order with racial capitalism. Drawing on the ‘Black radical/internationalist tradition’, I propose an expansive critique of the international order as a form of ‘enslavement’ to the structures of capitalism, so as to adequately expose international law’s structural embeddedness with labour exploitation, white supremacy, and racial capitalism.

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba ('the leap') of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.

This essay will analyze William Twining’s work from a post-colonial perspective. It will be argued that Twining is constrained by the structural limitations inherent in his ‘general jurisprudence,’ reflected in three aspects of his analysis: firstly, Twining appears to disregard the imperialistic historical roots of the Western legal tradition. Secondly, Twining’s definition of globalization, which marginalizes the economic dimensions of globalization, fails to grasp the important historical role of capitalism in the emergence of globalization, and how this affects his very understanding of 'space' and 'proximity'. Finally, this essay will end with an examination of the relationship between the attainment of knowledge and power relations in the context of the Third World. It will be shown that Twining disregards how Western representations of non-Western legal traditions could eventually develop into a discourse that ultimately perpetuates new forms of domination.

Semi-colonialism is a perplexing concept in international legal scholarship that has more often than not been conflated with colonialism proper. To remedy this analytic confusion, I propose a shift from a focus on the ideological aspects of the imperialism of international law to the semi colonial practices of informal domination on the ground. To do this, I revisit the understudied concept of the ‘protectorate’ in international law, and analyze its geopolitical uses. The geopolitical dimensions of protection illustrate the importance of geopolitics in the history of international law. After examining the connections between geopolitics and international law, the second part of the article looks into the origins of the strategic region of the ‘Middle East,’ focusing on the history of the protected states of the Trucial treaty system in the Persian Gulf. Finally, I turn to the ‘Question of Oman’ at the United Nations (1957-1965) to illustrate how the practices of informal domination operated through semi-colonial techniques of veiling imperial domination, the legal obfuscation of power relations, the legitimization of unilateral treaty breaking and geopolitical maneuvering with international legal arguments.

Iraq has had a unique, extraordinary, and contradictory historical relationship with international law and world order. From its inception as a modern and sovereign state in 1932, it was considered the pride of the new postwar order – a triumph of the “peaceful” workings of the international institution of the Mandate system of the League of Nations. By the first Gulf War in 1991 and later the 2003 invasion, it was labeled a “rogue” and “outlaw” state that needed to be put in its place by the “civilized” world through the instruments of war, economic sanctions, and unilateral invasion. This chapter will explore this contradictory relationship and its dynamics in history.

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba (‘the leap’) of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.