QUESTION 1
Discuss the fundamental objectives and characteristics of the Third World Approaches
to International Law (TWAIL) scholarship and political action. (25)
QUESTION 2
With reference to case law and other authoritative sources of international law, provide
a detailed opinion on whethe...
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Discuss the fundamental objectives and characteristics of the Third World
Approaches to International Law (TWAIL) scholarship and political action. (25)
Third World Approaches to International Law (TWAIL): Fundamental Objectives
and Characteristics
The narrative of international law, for much of its history, has been predominantly
shaped by Western perspectives. It is within this context that the Third World
Approaches to International Law (TWAIL) emerged as a transformative intellectual and
political movement. Engaging with TWAIL necessitates an exploration of its roots, its
core objectives, and its unique characteristics, which provide a counter-narrative to
the Eurocentric nature of the global legal order. This essay aims to offer a
comprehensive dissection of the TWAIL movement, focusing on its intrinsic aspirations
and attributes.
1. Historical Context of TWAIL
The history of international law is replete with structures and principles formulated
during periods of colonial expansion and consolidation of Western power. Newly
independent states of the 20th century, spanning Asia, Africa, and Latin America, soon
recognized the challenge posed by this Eurocentric bias. It became evident that the
ostensibly neutral principles of international law were, in many instances, remnants of
a colonial past. As these states navigated their newfound sovereignty, the necessity
of a critical examination and reformation of international legal structures became more
pressing, giving birth to the TWAIL perspective.
2. Fundamental Objectives of TWAIL
a. Decolonization and De-imperialization: Central to the TWAIL movement is the
mission to decolonize international law. TWAIL scholars argue that despite formal
decolonization, the structures and dynamics of international law continue to perpetuate
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