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Full-Text Articles in Law

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed Oct 2019

Decolonizing Human Rights: Sovereignty. Disruption. Tactics., A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Despite its emancipatory potential, human rights remains locked in a form of epistemic coloniality that defers to Euro-American knowledge and reinforces anthropocentric exceptionalism. In order to employ human rights as a source of emancipation, human rights must itself be emancipated—it must be decolonized. Drawing on the notion of 'decoloniality' as a framework that advances radical possibilities by delinking from structural racism, patriarchy and class embedded in capitalism and Western modernity, a typology of human rights as sovereignty, disruption, and tactics is developed as a way of understanding human rights from the position of the colonized.


Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb Oct 2019

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …


The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury Aug 2019

The U.N. Committee Of 24'S Dogmatic Philosophy Of Recognition: Toward A Sui Generis Approach To Decolonization, Hakeem O. Yusuf, Tanzil Chowdhury

Indiana Journal of Global Legal Studies

The time is ripe for the U.N. Special Committee on Decolonization (the Committee of 24) to accept sui generis categories that enable it to achieve its aim of finishing the job of decolonization. This would mean a departure from the Committee of 24's rigid adherence to the three forms of decolonization currently recognized: independence, integration, and free association. This article adopts Gilles Deleuze's critiques of the "dogmatic philosophy of recognition" and how they can be overcome through his articulation of "the Encounter" to analyse the philosophical basis of the Committee of 24's inability to recognize sui generis forms of decolonization. …


Legal Consequences Of The Separation Of The Chagos Archipelago From Mauritius In 1965, Diane Marie Amann Jan 2019

Legal Consequences Of The Separation Of The Chagos Archipelago From Mauritius In 1965, Diane Marie Amann

Scholarly Works

Decolonization and its quite valid discontents lay at the center of the recent International Court of Justice advisory opinion regarding the territory and populations of the Chagos Archipelago, located in the Indian Ocean. Answering questions posed by the UN General Assembly, the concluded that because these islands were detached from Mauritius as a condition of independence, the decolonization of Mauritius had not been completed in accordance with international law. The Court further ruled unlawful the United Kingdom's continued administration of the Chagos Archipelago and called upon all UN member states to aid completion of the decolonization process. As detailed in …