International Law And The Third World

Author : Antony Anghie,Bhupinder Chimni,Karin Mickelson,Obiora C. Okafor
Publisher : BRILL
Page : 200 pages
File Size : 48,5 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004479869

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The Third World and International Order by Antony Anghie,Bhupinder Chimni,Karin Mickelson,Obiora C. Okafor Pdf

This collection of essays explores different dimensions of the relationship between the third world and international law. The topics covered include third world approaches to international law, non-state actors and developing countries, feminism and the third world, foreign investment, resistance and international law, and territorial disputes and native peoples. It is a further contribution to the work done by scholars intent on elaborating what might be termed Third World Approaches to International Law (TWAIL). This initiative seeks to continue and further develop the important work that has been done over many decades, particularly by scholars and jurists from the third world, to construct an international law which is sensitive to the needs of third world peoples. This body of scholarship has attempted to extend and expand the concerns and materials of international law. The essays in this volume are animated by these same motives at a time when unprecedented issues confront third world peoples, particularly since the contemporary international system appears to be disempowering third world peoples, intensifying inequality between the North and the South, and indeed, importantly, within the North and the South. TWAIL scholars attempt to look afresh at the history of colonial international law, engage previous trends in third world scholarship in international law, take cognizance of the dramatic changes which have characterized the body of international law in the last few decades from the perspective of third world peoples, record their resistance to unjust and oppressive international laws, and advance new approaches that address their needs and concerns. These are the broad themes and concerns which animate this collection of essays.

Author : Richard Falk,Balakrishnan Rajagopal,Jacqueline Stevens
Publisher : Routledge
Page : 498 pages
File Size : 49,7 Mb
Release : 2008-03-31
Category : Law
ISBN : 9781134070244

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International Law and the Third World by Richard Falk,Balakrishnan Rajagopal,Jacqueline Stevens Pdf

This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.

Author : Usha Natarajan,John Reynolds,Amar Bhatia,Sujith Xavier
Publisher : Routledge
Page : 450 pages
File Size : 50,9 Mb
Release : 2019-07-23
Category : Law
ISBN : 9781351704977

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Third World Approaches to International Law by Usha Natarajan,John Reynolds,Amar Bhatia,Sujith Xavier Pdf

This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. This book was originally published as a special issue of Third World Quarterly.

Author : Frederick E. Snyder,Surakiart Sathirathai
Publisher : BRILL
Page : 884 pages
File Size : 40,7 Mb
Release : 1987-06-23
Category : Law
ISBN : 0898389143

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Third World Attitudes Toward International Law by Frederick E. Snyder,Surakiart Sathirathai Pdf

Author : Balakrishnan Rajagopal
Publisher : Cambridge University Press
Page : 363 pages
File Size : 48,5 Mb
Release : 2003-11-06
Category : Political Science
ISBN : 9781139438230

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International Law from Below by Balakrishnan Rajagopal Pdf

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

Author : José-Manuel Barreto
Publisher : Cambridge Scholars Publishing
Page : 460 pages
File Size : 40,6 Mb
Release : 2014-08-26
Category : Philosophy
ISBN : 9781443866453

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Human Rights from a Third World Perspective by José-Manuel Barreto Pdf

Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 49,9 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Author : George W. Shepherd,Ved Nanda
Publisher : Praeger
Page : 356 pages
File Size : 55,9 Mb
Release : 1985-12-23
Category : Political Science
ISBN : UOM:39015011307017

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Human Rights and Third World Development by George W. Shepherd,Ved Nanda Pdf

The intertwining of development and human rights is the subject of the twelve essays collected by the editors. The individual authors extensively examine the commonly held belief that economic development cannot take place in Third World countries without the short term sacrifice of political liberty and demonstrate that there is considerable evidence to the contrary. Following a theoretical stage-setting that concentrates on the severe power limitations and the dependency of weak Third World states, case studies focus on such issues as state terrorism, food, the right to modernize, refugees, and support of apartheid in Latin America, the People's Republic of China, the Middle East, and Africa. Several essays concern the implementation of human rights and the role of multinational corporations and international nongovernmental organizations in protecting them. The final essay considers the international framework of government, law, and organization as a means for implementing human rights development in the Third World.

Author : Ram Prakash Anand
Publisher : Martinus Nijhoff Publishers
Page : 336 pages
File Size : 44,8 Mb
Release : 1987-01-01
Category : Law
ISBN : 902473438X

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International Law and the Developing Countries by Ram Prakash Anand Pdf

Co-publication with Banyan Publications, New Delhi. No sales rights in India.

Author : Sundhya Pahuja
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,8 Mb
Release : 2011-09-29
Category : Law
ISBN : 9781139502061

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Decolonising International Law by Sundhya Pahuja Pdf

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

Author : Ntina Tzouvala
Publisher : Cambridge University Press
Page : 277 pages
File Size : 51,5 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108497183

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Capitalism As Civilisation by Ntina Tzouvala Pdf

Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Author : Andreas Buser
Publisher : Springer Nature
Page : 439 pages
File Size : 46,6 Mb
Release : 2021-01-04
Category : Law
ISBN : 9783030636395

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Emerging Powers, Global Justice and International Economic Law by Andreas Buser Pdf

The book assesses emerging powers’ influence on international economic law and analyses whether their rhetoric of reforming this ‘unjust’ order translates into concrete reforms. The questions at the heart of the book surround the extent to which Brazil, Russia, India, China, and South Africa individually and as a bloc (BRICS) provide alternative regulatory ideas to those of ‘Western’ States and whether they are able to convert their increased power into influence on global regulation. To do so, the book investigates two broader case studies, namely, the reform of international investment agreements and WTO reform negotiations since the start of the Doha Development Round. As a general outcome, it finds that emerging powers do not radically challenge established law. ‘Third World’ rhetoric mostly does not translate into practice and rather serves to veil economic interests. Still, emerging powers provide for some alternative regulatory ideas, already leading to a diversification of international economic law. As a general rule, they tend to support norms that allow host States much policy space which could be used to protect and fulfil socio-economic human rights, especially – but not only – in the Global South.

Author : Celine Tan
Publisher : Routledge
Page : 333 pages
File Size : 52,9 Mb
Release : 2011-03-17
Category : Law
ISBN : 9781136850486

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Governance through Development by Celine Tan Pdf

Governance through Development locates the Poverty Reduction Strategy Paper (PRSP) framework within the broader context of international law and global governance, exploring its impact on third world state engagement with the global political economy and the international regulatory norms and institutions which support it. The PRSP framework has replaced the controversial structural adjustment programmes, as the primary mechanism through which official development financing is channelled to low-income developing countries. It has changed the regulatory landscape of international development financing, signalling a wider paradigmatic shift in the cartography of aid and, consequently, in the nature of north-south relations. Governance through Development documents and analyses this change within the legacy of postcolonial economic relations, revealing the wider legal, economic and geo-political significance of the PRSP framework. Celine Tan argues that the PRSP framework establishes a new regulatory regime that builds upon the disciplinary project of structural adjustment by embedding neoliberal economic conditionalities within a regime of domestic governance and public policy reform. The book will be of interest to scholars, researchers and students of law, political science and international relations, sociology and development studies.

Author : Sammy Adelman,Abdul Paliwala
Publisher : Hans Zell Publishers
Page : 352 pages
File Size : 47,5 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105060616088

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Law and Crisis in the Third World by Sammy Adelman,Abdul Paliwala Pdf

The intractable problems which burden many developing regions-- poverty, debt, human rights violations--illustrate the failure of Western modernization programs. These spurred a new wave of scholarship on the nature & concept of law & development during the 1980s. Theories such as the New International Division of Labour provided fresh impetus for the discipline as did burgeoning research in women's studies & the environmental crisis necessitated additional approaches. This new collection of essays addresses the former & future role of law in these areas. Written by leading legal scholars, proponents stress the continued relevance & vitality of law in the development process. (AFRICAN DISCOURSE SERIES, 4)

Author : R P Anand
Publisher : Martinus Nijhoff Publishers
Page : 286 pages
File Size : 42,8 Mb
Release : 1987
Category : Law
ISBN : 9789004637375

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International Law and the Developing Countries by R P Anand Pdf