The State and International Law: A Reading from the Global South

Eslava, Luis; Pahuja, Sundhya

doi:10.1353/hum.2020.0001

Cited by 28 publications

(5 citation statements)

References 13 publications

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“…203 The world of sovereign states, long at the theoretical core of international law, had been genuinely realized through a process of decolonization that cemented the universality of the state form. 204 But while the post-1945 international order was built for a world of states, formally equal and possessing things called sovereignty, territorial integrity, and political independence, 205 it was also built for a world of great powers, Reisman's "oligarchy of the victors." 206 This ambivalence had a long pedigree in international law, which has since at least the nineteenth century been characterized by what Gerry Simpson calls the interplay between "sovereignty as equality" and "sovereignty as inequality."…”

Section: A Sovereignty As Non-dominationmentioning

confidence: 99%

Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law

Aber¹

2023

Am. j. int. law

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This Article is a study of the Gulf Crisis of 1990-91, the first post-Cold War international crisis, as a constitutive moment for international law and a watershed in the history of modern international order. It examines the contests over the meaning of the crisis in the UN Security Council and the General Assembly, which it argues were also contests over the meaning of cooperation under international law in the "new world order." The story is, in significant part, about the fate of anticolonial legalism, against whose ideas the Bush administration's embrace of international law must be understood. The Article argues that the Gulf Crisis was itself a moment of "worldmaking," one in which the United States refashioned foundational concepts like interdependence, sovereignty, territorial integrity, and humanity in warfare and deployed them to suit a distinctive vision of international cooperation under hierarchy.

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Section: A Sovereignty As Non-dominationmentioning

confidence: 99%

Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law

Aber¹

2023

Am. j. int. law

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“…In this sense, decolonization in the international law was also an imperial restructuring of the center-periphery relationship of capitalism. It produced, in the Global South, a neo-colonial (Quijano, 2000;Young, 1994), authoritarian (Cardoso et al, 2002;O'Donnell, 1982) and/or developmental (Eslava, 2019;Eslava & Pahuja, 2020) State under the specific conditions of "self-determination" that colonial powers permitted (Barsalau, 2019). After the decolonising processes (in Latin America at the beginning of the 19 th century and Africa and Asia more than one century later) and under these postcolonial states, war, occupation, discrimination, assimilation, and unequal law continued as central features in the relationship between States and indigenous people.…”

Section: Western Capitalism Ihrl and Limitations Of Fpic A Tragic Nar...mentioning

confidence: 99%

“…Under neoliberalism, the developmental state of the Global South has affirmed its links of dependency (and its loss of power in the face of transnational capital, states and multilateral organizations of the Global North) (Kay, 1996), but, at the same time, it has incremented its internal "violence monopoly" through the control of natural resources and social diversity. In this period, features such as the "structural adjustment" (state reduction, tax breaks and free movement of capitals), public-private alliances, decentralization, and the ideology of "individual agency" (that places the management of risks arising from the contradictions of the model on the individual) were new elements of the development state (Eslava & Pahuja, 2020).…”

Section: Western Capitalism Ihrl and Limitations Of Fpic A Tragic Nar...mentioning

confidence: 99%

FPIC, international law, social space, and indigenous territories in FPIC during extractive projects in Latin America. A romantic or tragic story?

Marín

Robles

2022

RSarance

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The development and implementation of the free, prior, and informed consent (FPIC) can be understood both as a “romantic” and “tragic” story, using a sharp reflection made by Susan Marks (2012) regarding Human Rights. Following this idea, this essay intends to analyse the main developments of FPIC international human rights in the last three decades (the successful story) and the clear and strong limitations of its use in Latin America (the tragic side to it).Despite the fact that the romantic narrative tells us about a progressive recognition and protection of indigenous rights in international law, especially with instruments such as the ILO Convention 169 (ILO-C169) and the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP), these advances have been and are currently deactivated. Through the revision of postcolonial literature and an analysis of relevant research in Latin America, this essay explains how the supposed progress is clearly limited by imbalances in the history of international law itself and in the territorial governance system that is configured in large-scale extractive projects, where FPIC is applied or not. In this manner, despite apparently overcoming colonial times against indigenous peoples, the permanent structure of neo-colonization of indigenous territory prevails for an ever-growing global market.

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“…These ideas of sovereignty as a practice of jurisdiction and of international law as a particular law of encounter, have changed the way I understand the idea of 'Development' too, both in terms of what the international development project is doing on the ground and in terms of how it relates to the authority of international law. 16 But I might leave that part for the second half if there are any questions about it.…”

Section: Sundhyamentioning

confidence: 99%

Thinking with Jurisdiction

McVeigh¹,

Pahuja²

2022

ZaöRV / HJIL

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This text is based on a transcription of the keynote address given at the conference 'Who Speaks International Law', held in Bonn, Germany on 4 September 2021. We (Shaun and Sundhya) participated virtually, from Melbourne, Australia. Originally, we had suggested a conversational format for our joint keynote. The organisers then requested that we also make our keynote a bit more interactive than usual. And so, we conducted a kind of experiment in which we -Shaun and Sundhya -spoke together in a stylised conversation for 20 minutes. We then paused for about 10 minutes to hear questions and comments from the audience. We gathered those questions rather than answering them, noting them down on an electronic whiteboard everyone could see, and then spoke extemporaneously for another 20 minutes in response to the questions, comments, and the themes they raised. At the end, we took another round of questions in the traditional style. What follows is an edited version of the first twenty minutes. We have presented it here as a stylised dialogue, largely maintaining the spoken tone and conversational style (and some repetition). We have added references, and in some parts, a little elaboration for clarity, drawing on the conversation that followed.

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The State and International Law: A Reading from the Global South

Abstract: The version in the Kent Academic Repository may differ from the final published version. Users are advised to check http://kar.kent.ac.uk for the status of the paper. Users should always cite the published version of record.

Cited by 28 publications

References 13 publications

Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law

Worldmaking at the End of History: The Gulf Crisis of 1990–91 and International Law

FPIC, international law, social space, and indigenous territories in FPIC during extractive projects in Latin America. A romantic or tragic story?

Thinking with Jurisdiction

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