Francisco de Vitoria and the colonial origins of international law

This article examines the work of Francisco de Vitoria, a sixteenth-century jurist regarded as one of the founders of international law. The article focuses on the relationship between colonialism and international law in Vitoria's work, arguing that Vitoria is preoccupied with the problem of creating a legal order which regulates relations between two radically different societies, the Spanish and the Indian. In developing this theme, the article argues that Vitoria's formulation of some of the central doctrines of international law, including sovereignty doctrine, were generated by his attempts to resolve the legal problems arising from the colonial encounter. It concludes by arguing that this reinterpretation of Vitoria's work may suggest a new framework for understanding the history of the relationship between colonialism and international law.