About the Book
This Research Handbook provides a comprehensive overview of Third World Approaches to International Law (TWAIL) with chapters exploring different facets of TWAIL scholarship. It covers major doctrines and topics of international law, as well as TWAIL perspectives on central historical and theoretical debates.
Expert authors present key insights into various themes that intersect with international law including economics, post-colonialism, religion, development, treaties, and human rights. The Research Handbook underscores the cornerstone concepts of TWAIL and examines their relationship with intellectual traditions such as Marxism and feminism. Contributing authors outline TWAIL’s perspectives on core areas of international law such as customary international law, treaties and human rights, as well as important contemporary issues, including debt, climate change, and public health. Ultimately, the Research Handbook showcases an expanded and enriched vision of international law, assessing how alternate methodologies can lead to a fairer legal system.
Encompassing an authoritative overview of the legacy and future of TWAIL, this Research Handbook is of vital importance to scholars and students of international law, international relations, legal theory, and development studies. It is also an essential reference for lawyers and policymakers in the field.
Table of Contents:
Contents
1 Introduction 1
Antony Anghie, Bhupinder Chimni, Michael Fakhri, Karin Mickelson
and Vasuki Nesiah
PART ONE CONCEPTS, CONCERNS, AND CONNECTIONS
2 TWAIL coordinates 10
Luis Eslava
3 Race 23
E. Tendayi Achiume
4 Imperialism 34
Antony Anghie
5 Settler colonialism 46
Noura Erakat and John Reynolds
6 Global justice 55
B.S. Chimni
7 World peace 66
Dianne Otto
8 Histories 80
Liliana Obregón
9 Tradition 92
Adil Hasan Khan
10 Critiquing TWAIL 105
Umut Özsu
11 Pedagogy 112
Mohsen al Attar and Rafael Quintero Godínez
PART TWO THEMES AND ORIENTATIONS
12 Feminisms 126
Rohini Sen*
13 Marxism 141
Robert Knox
14 Indigenous peoples’ struggles 156
Roger Merino
15 Postcolonial studies 170
Vasuki Nesiah
16 Law and economics 182
Dina I. Waked
17 Queer theory 195
Vanja Hamzić
18 Literature 206
Helena Alviar García
19 Religion 217
Ratna Kapur*
PART THREE TWAIL AND INTERNATIONAL LAW
20 Customary international law 230
George R. B. Galindo
21 Treaties 241
Guilherme Del Negro
22 General principles of law 253
Prabhakar Singh
23 Personality 263
Rose Sydney Parfitt
24 States and self-determination 276
Mohammad Shahabuddin
25 International organizations 288
Guy Fiti Sinclair
26 Human rights 301
Makau Mutua
27 Human rights and the UN system 312
Obiora Chinedu Okafor
28 International criminal law 323
Asad G. Kiyani
29 The use of force 336
Markus Gunneflo
30 The law of armed conflict 346
Michelle Burgis-Kasthala*
31 Environment 359
Karin Mickelson
32 Trade law 371
Donatella Alessandrini
33 Development 384
Shane Chalmers and Sundhya Pahuja
34 Food sovereignty 397
Michael Fakhri
35 Foreign investment law 408
Nicolás M. Perrone
36 Transnational labour law 421
Adelle Blackett
37 The corporation 433
Grietje (River) Baars and Simge Haznedaroglu*
38 Migration 448
Usha Natarajan
39 The law of the sea 460
Endalew Lijalem Enyew
40 Transitional justice 481
Sujith Xavier
41 Emergency 496
John Reynolds
42 Intellectual property rights 509
Titilayo Adebola
43 The family 522
Cyra Akila Choudhury
PART FOUR CHALLENGES PAST, PRESENT, AND FUTURE
44 Slavery 535
Lindsay Massara and Michelle McKinley
45 Apartheid 547
Christopher Gevers
46 The question of Palestine 561
Hadeel S. Abu Hussein
47 Global public health 571
Aziza Ahmed and Jason Jackson
48 Informal labour 579
Kerry Rittich
49 Sovereign debt 593
James Thuo Gathii and Harrison Otieno Mbori
50 Climate change 607
Sumudu Atapattu and Carmen G. Gonzalez
About the Author :
Edited by Antony Anghie, Professor, Faculty of Law, National University of Singapore, Singapore and S.J. Quinney School of Law, University of Utah, USA, B.S. Chimni, Distinguished Professor of International Law, O.P. Jindal Global University, Sonipat, India, Michael Fakhri, Professor, School of Law, University of Oregon, USA, Karin Mickelson, Associate Professor, Peter A. Allard School of Law, University of British Columbia, Canada and Vasuki Nesiah, Professor of Practice in Human Rights and International Law, Gallatin School, New York University, USA
Review :
‘The Research Handbook on TWAIL is a towering achievement and a brilliant, must-read addition to the canon of international law. Unlike other Research Handbooks that are frequently dated before they appear, the contributions in this volume provide an urgent and timely reckoning with core concepts and themes at the heart of international law's past, present, and potential. Drawing on the expertise and lived experiences of scholars and practitioners across generations and continents, the Research Handbook charts a critical tradition that is at once rooted in anti-colonial resistance and determinedly forward-looking. Bringing together the leading TWAIL scholars, this collection of essays provides a fresh take on a radical archive while breaking new conceptual ground in surveys of everything from settler colonialism and apartheid to food sovereignty and transnational labor law. All the while, the Research Handbook authors challenge us to imagine new forms of global justice beyond inherited frameworks. In a moment marked by legal, political, and ecological crisis, and written in the shadow of genocide, this book stands as a powerful resource – and a call – to think together, again and otherwise.’
‘TWAIL has forever changed the way we teach, research, and think about international law. The insights of these scholars, and of the forebears to whose work they direct renewed attention, are profound, often disturbing, and absolutely crucial to the pursuit of planetary justice. This volume encompasses, for the first time, a vast swath of the TWAIL scholarly landscape, bringing together new essays by established and emerging scholars that will be illuminating to newcomers and insiders alike and are set to become essential reference-points for the study of law and its place in world affairs.’
‘What do we know of international law, if we only international law know? This dazzling new volume — in equal parts the distillation of a vibrant intellectual movement and an urgent political project — inspires us to ground “what is” inquiries about international law, in further, crucial questions: what are the contexts of international law, what work does it do, who is it for (and from), and what, if at all, can it become?’