Law Commons^™

Differentiation In International Environmental Law: Has Pragmatism Displaced Considerations Of Justice?, Patricia Galvao-Ferreira

Law Publications

The Third World Approaches to International Law (TWAIL) scholarly movement seeks to assess and to advance the ‘promise of international law to transform itself into a system based, not on power, but justice’, by considering how global norms impair or advance the interests of states in the Global South. This chapter seeks to contribute to the TWAIL scholarly project by examining whether international environmental law (IEL)’s norms and mechanisms have been a source of international legal innovation by challenging entrenched global socio-economic and power imbalances, making this field of law more supportive of the interests of the South. This chapter …

“The Dark Corners Of The World”: International Criminal Law & The Global South, Sujith Xavier, John Reynolds

Law Publications

Despite international criminal law’s historically contingent doctrines and embedded biases, ThirdWorld self-determination movements continue to be enticed by international criminal justice as a potentially emancipatory project. This article seeks to peer inside the structural anatomy of the international criminal law enterprise from a vantage point oriented to the global South. It reflects broadly on discourses of international criminal law and its exponents as they relate to the global South, and explores one particularly contentious issue in the politics of international criminal law ç that of operational selectivity. Redressing such selectivities as they arise from geopolitical biases is an important first …

Learning From Below: Theorising Global Governance Through Ethnographies And Critical Reflections From The Global South, Sujith Xavier

Law Publications

This paper explores the various means by which we can overcome the universalism imbedded in international law and international institutions. It asks: How can international lawyers and international law scholars learn from the Global South? This ‘how’ question prompts another, but related question: should we learn from the Global South?

There is a rich interdisciplinary body of literature that signals to the Global South, or Europe’s other, as a site of knowledge production. The eurocentrism of the social sciences can be identified by examining the various founding fathers of their respective theories (especially sociology). This paper builds on southern theory …