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Fascism, Imperialism and International Law: An Arch Met a Motorway and the Rest is History . . .

Published online by Cambridge University Press:  02 July 2018

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Abstract

What would happen to our understanding of international law and its relationship with violence if we collapsed the distinction between our supposedly post-colonial ‘present’ and its colonial ‘past’; between the sovereign spaces of the twenty-first century global order, and the integrated, hierarchical space of fascist imperialism? I respond to this question through an investigation into the physical contours of a precise ‘imperial location’: 30°31′00″N, 18°34′00″E. These co-ordinates refer to a point on the sea-edge of the Sirtica that is occupied today by the Ra's Lanuf oil refinery, one of Libya's three most important such facilities. In the late 1930s, however, during Libya's period of fascist colonial rule, this was the point at which a state-of-the-art motorway, the Via litoranea libica, was crossed by a giant triumphal arch, the Arco dei Fileni. Through a chronotopic reading of the temporal, spatial and interpellative aspects of this point, its architecture and its history, I suggest that fascist lawyers, officials and intellectuals accepted a horrifying truth about the relationship between international law and violence – a relationship that twenty-first century doctrinal international law is loath to confront, concerning the inherently expansionist logic of the sovereign state, and the inevitably hierarchical ordering of the ‘international community’ which stems from it.

Information

Type
INTERNATIONAL LEGAL THEORY: Symposium on ‘Imperial Locations’
Copyright
Copyright © Foundation of the Leiden Journal of International Law 2018 
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Figure 1: The Arco dei Fileni and the Via litoranea libica. Nazi propaganda image, 23 September 1940. Photo: Berliner Verlag/Archiv © DPA Picture Alliance/Alamy Stock Photo.

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Figure 2: The Arco dei Fileni. Nazi propaganda image, 1937 © Photo: Sueddeutsche Zeitung/Alamy Stock Photo.

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Figure 3: Italian artillery in Tripoli during the Italo-Ottoman War, 1911–12. Photo: Bain News Service, courtesy of the United States Library of Congress Prints and Photographs Division.

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Figure 4: Villagio Cesare Battisti, Tripolitania, designed by Florestano di Fausto, 1 January 1934. Source: Wikicommons.

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Figure 5: A revolutionary and a refinery confront the fallout. Ra's Lanuf, 2011. Photo © Benjamin Lowy/Getty Images.