{"title":"谈判建国:宪法战争、国际法和孟加拉国的诞生","authors":"Cynthia Farid","doi":"10.1017/S073824802300007X","DOIUrl":null,"url":null,"abstract":"Abstract This paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.","PeriodicalId":17960,"journal":{"name":"Law and History Review","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh\",\"authors\":\"Cynthia Farid\",\"doi\":\"10.1017/S073824802300007X\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.\",\"PeriodicalId\":17960,\"journal\":{\"name\":\"Law and History Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and History Review\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1017/S073824802300007X\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"HISTORY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and History Review","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1017/S073824802300007X","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"HISTORY","Score":null,"Total":0}
引用次数: 0
摘要
摘要本文认为,孟加拉国独立后的第一个政府——流亡政府(Government in Exile,简称GIE),在法律框架下的建国时刻发挥了重要作用。民主革命军坚持法家主义的宪法斗争,以及随后冲突的国际化,极大地塑造了1971年的独立运动。GIE由律师、经济学家和其他知识分子组成,他们在邻国印度寻求庇护。国父们的能动性和他们对宪法原则的忠诚,催化了建国的时刻,监督了向独立国家的过渡,并最终促成了一部宪法的迅速通过,这部宪法尽管存在诸多不稳定因素,但仍得以延续。1971年的这场民族斗争也在国际舞台上上演。在这个过程中,来自所谓第三世界的律师们对国际法律原则,如主权、领土和自决(以及流亡政府合法性的标准)进行了阐述、重塑和产生了新的辩论,其中大多数在当时被认为是很好的解决方案。
Negotiating Nationhood: Constitutional Warfare, International Law, and the Birth of Bangladesh
Abstract This paper argues the Government in Exile (GIE), the first government of independent Bangladesh, played an important role in framing the founding moment in legal terms. The GIE's constitutional warfare through its adherence to legalism, and subsequent internationalization of the conflict significantly shaped the independence movement of 1971. The GIE was composed of leaders who were lawyers, economists and other intellectuals who sought refuge in neighboring India. The agency of the founders and their allegiance to constitutional principles catalyzed the founding moment, oversaw the transition to an independent state and ultimately led to a swift adoption of a constitution that endures despite much instability. This national struggle of 1971 also played out in the international arena. In the process, lawyers from the so-called Third World articulated, reshaped, and generated new debates about international legal principles such as sovereignty, territoriality, and self-determination (and criterion for legitimacy of exiled governments)—most of which were considered to be well-settled at the time.
期刊介绍:
Law and History Review (LHR), America"s leading legal history journal, encompasses American, European, and ancient legal history issues. The journal"s purpose is to further research in the fields of the social history of law and the history of legal ideas and institutions. LHR features articles, essays, commentaries by international authorities, and reviews of important books on legal history. American Society for Legal History