Academic literature on the topic 'Third World Approaches to International Law (TWAIL)'

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Journal articles on the topic "Third World Approaches to International Law (TWAIL)"

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Ramina, Larissa. "Framing the concept of TWAIL: “Third World Approaches to International Law” | Enquadrando o conceito de TWAIL: “Abordagens do Terceiro Mundo ao Direito Internacional”." Revista Justiça do Direito 32, no. 1 (2018): 5–26. http://dx.doi.org/10.5335/rjd.v32i1.8087.

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Framing the concept of TWAIL: “Third World Approaches to International Law” Abstract: The authors who identify themselves as “twailers” advocate for the importance of the thoughts related to the concept of “Third World Approaches to International Law”, known as TWAIL. This paper first explains the importance of understanding the concept of TWAIL - “Third World Approaches to Internacional Law”. Afterwards, it frames the concept of TWAIL according to some of its main scholars, considering that one of its features is its extreme diversity. The challenge to this attempt of definition is to find un
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Okafor, Obiora Chinedu. "Critical Third World Approaches to International Law (TWAIL): Theory, Methodology, or Both?" International Community Law Review 10, no. 4 (2008): 371–78. http://dx.doi.org/10.1163/187197308x366614.

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AbstractThis paper engages with the question of whether TWAIL is a theory, a methodology, or both. It takes the mainstream positivist understandings of the concepts of "theory" and "methodology" seriously in order to assess TWAIL scholarship against those (admittedly contingent) measures. It argues that TWAIL offers both theories of, and methodologies for, analysing international law and institutions, before concluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach.
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Badaru, Opeoluwa Adetoro. "Examining the Utility of Third World Approaches to International Law for International Human Rights Law." International Community Law Review 10, no. 4 (2008): 379–87. http://dx.doi.org/10.1163/187197308x356903.

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AbstractWith the gradual emergence of Third World Approaches to International Law (TWAIL), there arises a necessity to examine its utility as an academic endeavour, particularly within the context of international human rights law. Questions need to be asked as to what benefits – if any – the adoption of TWAIL (either as a method of inquiry or as a subject of inquiry) offers researchers in the field of human rights law. In the same vein, the time is also ripe for scholars to engage with the important question of whether there are some shortcomings that TWAIL needs to address in order for it to
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Mickelson, Karin. "Taking Stock of TWAIL Histories." International Community Law Review 10, no. 4 (2008): 355–62. http://dx.doi.org/10.1163/187197308x366605.

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AbstractThis paper traces the origins of Third World Approaches to International Law (TWAIL) to a conference held in 1997, and explores the Vision Statement that was circulated among participants at that gathering. It focuses on the relationship of TWAIL to earlier Third World scholarship on international law, and argues that TWAIL should be seen as a part of a Third World tradition of international law scholarship rather than the overarching framework into which all Third World scholarship can be fit.
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Daties, Dyah R. A. "MEMAHAMI THIRD WORLD APPROACHES TO INTERNATIONAL LAW ( TWAIL )." SASI 23, no. 1 (2017): 13. http://dx.doi.org/10.47268/sasi.v23i1.154.

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Haskell, John D. "TRAIL-ing TWAIL: Arguments and Blind Spots in Third World Approaches to International Law." Canadian Journal of Law & Jurisprudence 27, no. 2 (2014): 383–414. http://dx.doi.org/10.1017/s0841820900006408.

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Beginning in the early 1990s, Third World Approaches to International Law scholarship (TWAIL) destabilized the mainstream narrative within international law that its doctrines were constituted by the historic search for order between formally equal state sovereigns. Instead, TWAIL scholars argued that the key constitutive dynamic of the discipline was the colonial experience, which continues to hold powerful sway over the legal architecture of global regulation whereby international law functions to perpetuate inequality and oppression. At the same time, however, TWAIL scholarship regularly po
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Kangave, Jalia. "'Taxing' TWAIL: A Preliminary Inquiry into TWAIL's Application to the Taxation of Foreign Direct Investment." International Community Law Review 10, no. 4 (2008): 389–400. http://dx.doi.org/10.1163/187197308x356921.

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AbstractThird World Approaches to International Law (TWAIL) provides a theoretical and methodological framework for unpacking international law's exclusion and marginalisation of Third World peoples. While TWAIL scholarship has explored a number of areas, there is hardly any TWAIL literature exploring the relationship between international law and taxation. Using the example of Double Taxation Agreements (DTAs) and Development Cooperation Agreements (DCAs), this article considers how taxation can be written into TWAIL scholarship.
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Galindo, George R. B. "SPLITTING TWAIL?" Windsor Yearbook of Access to Justice 33, no. 3 (2017): 37–56. http://dx.doi.org/10.22329/wyaj.v33i3.4886.

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Periodizations are political acts. They produce temporalities that do not necessarily coincide with chronology. TWAIL (Third World Approaches to International Law) scholars have generally endorsed the division of TWAIL into two generations. Whereas TWAIL I was composed by scholars that thought and wrote about international law during the decolonization process, TWAIL II began at the end of the 1990s. Although there are common features between the generations, a number of differences are also identified and emphasized by TWAIL II scholars. In this article, I advance the argument that such perio
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Odumosu, Ibironke. "Challenges for the (Present/) Future of ird World Approaches to International Law." International Community Law Review 10, no. 4 (2008): 467–77. http://dx.doi.org/10.1163/157181208x361430.

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AbstractThis article examines the future of Third World Approaches to International Law (TWAIL) and its ability to meet its challenges and achieve its objectives in a hegemonic international system. It discusses the fundamental role of ideas, the challenge of ideational (and material) power, and the reconstruction of identities, in meeting the challenges of TWAIL perspectives. In discussing these components and their interaction, the article observes that while they show some promise for the future of TWAIL, they also embody severe limitations. The article concludes with some thoughts about TW
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SINGH, PRABHAKAR. "Indian International Law: From a Colonized Apologist to a Subaltern Protagonist." Leiden Journal of International Law 23, no. 1 (2010): 79–103. http://dx.doi.org/10.1017/s0922156509990343.

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AbstractIndian responses to international law have now seen three generations of scholarship. A decade into its independence, India began playing its role in what has retrospectively been referred to as Third World approaches to international law (TWAIL). The early 1990s witnessed the rise of TWAIL II. Armed with interdisciplinarity and inspired by the subaltern pathology of the state in the 1970s, TWAIL II scholars barged into areas with approaches never seen before. Bhupinder Chimni alone discovered six perspectives of international law from India. My article picks up from where Professor An
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Dissertations / Theses on the topic "Third World Approaches to International Law (TWAIL)"

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Knox, Robert. "A critical examination of the concept of imperialism in Marxist and Third World approaches to international law." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/1030/.

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During the 2000s the terms ‘imperialism’ and ‘empire’ made a reappearance. This reappearance followed ‘unilateral’ military interventions by the United States and its allies. Because these military interventions were all justified using international legal argument that the international legal discipline also became increasingly concerned with these terms. Given this, it is unsurprising that there also arose two critical schools of thinking about international law, who foregrounded its relationship to imperialism. These were those working in the Marxist tradition and the Third World Approaches
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Mirzaei, Yengejeh Saeid. "Law-Making by the Security Council in Areas of Counter-Terrorism and Non-Proliferation of Weapons of Mass-Destruction." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35536.

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The purpose of this thesis is to determine whether the Security Council has opened a new avenue for law-making at the international level by adopting resolutions under Chapter VII of the UN Charter which create new norms of international law or modify international norms already in force (the normative resolutions). The normative resolutions analyzed in this study pertain to the areas of counterterrorism and the non-proliferation of weapons of mass-destruction. The new approach of the Security Council has been examined in light of the Third World Approaches in International law (TWAIL), as wel
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Lamchek, Jayson. "Myth-making and Reality: A Critical Examination of Human Rights-Compliant Counterterrorism in the Philippines and Indonesia." Phd thesis, 2016. http://hdl.handle.net/1885/110180.

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This thesis explores the relationship between counterterrorism and human rights. Its primary contention is that the promotion of the ideal of human rights-compliant counterterrorism has undermined rather than strengthened human rights. Drawing on fieldwork-based case studies in the Philippines and Indonesia, the thesis demonstrates that greater recognition for the role of human rights in achieving security has not prompted a positive transformation of counterterrorism practices. Instead, proponents of counterterrorist action have been able to frame their action as a necessary, human rights-sen
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Natarajan, Usha. "The 2003 Iraq invasion and the nature of international law : third world approaches to the legal debate." Phd thesis, 2008. http://hdl.handle.net/1885/149631.

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ANDERSEN, Sara Helene. "Businesses and human rights : a comparative study of the United States, England and Denmark using Third World approaches to international law." Doctoral thesis, 2018. http://hdl.handle.net/1814/55904.

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Defence date: 14 June 2018<br>Examining Board : Professor Giorgio Monti, European University Institute ; Professor Martin Scheinin, European University Institute ; Professor Wouter Vandenhole, University of Antwerp ; Professor Vibe Garf Ulfbeck, University of Copenhagen<br>The doctoral dissertation assesses the effectiveness of the current solutions for transnational corporate accountability in regard to human rights focusing on the United States, England, and Denmark from a critical perspective of Third World Approaches to International Law (TWAIL). This issue has evolved because corporations
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Dosso, Aïssatou. "La problématique du genre dans les mécanismes de la justice transitionnelle en Côte d'Ivoire." Thèse, 2017. http://hdl.handle.net/1866/20382.

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Books on the topic "Third World Approaches to International Law (TWAIL)"

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Jouannet, Emmanuelle, Hélène Ruiz Fabri, and Mark Toufayan. Droit international et nouvelles approches sur le tiers-monde: Entre répétition et renouveau = International law and new approaches to the third world : between repetition and renewal. Société de législation comparée, 2013.

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Baxi, Upendra. Sources in the Anti-Formalist Tradition. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0011.

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This chapter explores the dialectics of international customary law. It argues that custom is at once a sheet anchor of public international law and its rope of sand as well. The chapter discusses aspects of chapter 9, the Third World Approaches to International Law (TWAIL) contexts of ‘custom’ as the source of international law norms and standards, the jusnaturalist invocation of custom, and the idea of a ‘future’ custom. In addition, the chapter argues that much of the TWAIL thought about resistance and renewal stands to be redirected to the varieties of imperial legal positivisms. It also a
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Reynolds, John, Amar Bhatia, Usha Natarajan, and Sujith Xavier. Third World Approaches to International Law. Taylor & Francis Group, 2017.

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Natarajan, Usha, John Reynolds, Amar Bhatia, and Sujith Xavier, eds. Third World Approaches to International Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315174846.

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Natarajan, Usha, and Julia Dehm, eds. Locating Nature. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108667289.

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For those troubled by environmental harm on a global scale and its deeply unequal effects, this book explains how international law structures ecological degradation and environmental injustice while claiming to protect the environment. It identifies how central legal concepts such as sovereignty, jurisdiction, territory, development, environment, labour and human rights make inaccurate and unsustainable assumptions about the natural world and systemically reproduce environmental degradation and injustice. To avert socioecological crises, we must not only unpack but radically rework our unders
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John, Reynolds, Amar Bhatia, Usha Natarajan, and Sujith Xavier. Third World Approaches to International Law: On Praxis and the Intellectual. Taylor & Francis Group, 2019.

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John, Reynolds, Amar Bhatia, Usha Natarajan, and Sujith Xavier. Third World Approaches to International Law: On Praxis and the Intellectual. Taylor & Francis Group, 2019.

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John, Reynolds, Amar Bhatia, Usha Natarajan, and Sujith Xavier. Third World Approaches to International Law: On Praxis and the Intellectual. Taylor & Francis Group, 2019.

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John, Reynolds, Amar Bhatia, Usha Natarajan, and Sujith Xavier. Third World Approaches to International Law: On Praxis and the Intellectual. Taylor & Francis Group, 2019.

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Robert, Knox. Part II Approaches, Ch.15 Marxist Approaches to International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0016.

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This chapter attempts to chart a course through the complex terrain of Marxist theory as applied to international law, especially given that Marxist international legal theory can only be understood in relation to a number of other debates. Particularly important are Marxist debates about the relationship between the ‘base’ and ‘superstructure’, about the nature and function of the state, and theories of ideology and hegemony. To that end, the chapter explores Marxist theories of imperialism and their understanding of international law, such as the associations between international law and th
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Book chapters on the topic "Third World Approaches to International Law (TWAIL)"

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Gómez Sánchez, Davinia, and Eduardo S. Arenas Catalán. "Third World Approaches to International Law (TWAIL)." In Springer Textbooks in Law. Springer Nature Switzerland, 2024. https://doi.org/10.1007/978-3-031-69522-3_6.

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Gabrielli, Giulia. "Third World Approaches to International Law (TWAIL) and Inequality in International Criminal Justice: A Critical Assessment." In More Equal than Others? T.M.C. Asser Press, 2022. http://dx.doi.org/10.1007/978-94-6265-539-3_4.

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Vazhapully, Kiran Mohan. "Third World Approaches to International Space Law." In International Space Law in the New Space Era. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780198909415.003.0015.

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Abstract This chapter provides a critical examination of international space law through the lens of Third World Approaches to International Law (TWAIL). It traces the origins of space law to the Cold War era, highlighting how it was shaped by the interests of technologically advanced States, particularly the United States and the Soviet Union. The chapter relies on TWAIL perspectives to scrutinise this dominance, revealing the Eurocentric biases and power dynamics embedded within the legal system. It argues that while the principles of space law, such as non-appropriation and peaceful use, ap
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Harlow, Barbara. "Third World Approaches to International Law (TWAIL)." In The Routledge Companion to Literature and Human Rights. Routledge, 2018. http://dx.doi.org/10.4324/9781315778372-30.

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Falk, Richard. "Foreword: Third World Approaches to International Law (TWAIL)." In Third World Approaches to International Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315174846-1.

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Natarajan, Usha, John Reynolds, Amar Bhatia, and Sujith Xavier. "Introduction: TWAIL - on praxis and the intellectual." In Third World Approaches to International Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315174846-2.

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Reynolds, John. "Disrupting civility: amateur intellectuals, international lawyers and TWAIL as praxis." In Third World Approaches to International Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315174846-11.

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Galindo, George Rodrigo Bandeira. "Critical Approaches to International Law in Latin America." In Latin American International Law in the Twenty-First Century. Oxford University PressNew York, NY, 2025. https://doi.org/10.1093/9780197754016.003.0012.

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Abstract Latin America was one of the earliest regions of the world to achieve independence from European colonization, but it was a latecomer to TWAIL (Third World approaches to international law). This is in part because of Latin American scholars’ commitment to positivism and concomitant skepticism about interdisciplinarity. George Galindo explores the region’s recent engagement, tracing how a growing group of scholars have raised friendly challenges to TWAIL, such as pushing TWAIL to engage further with the Indigenous peoples of the Americas and legal pluralism. The chapter closes with a r
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Gathii, James Thuo. "The Agenda of Third World Approaches to International Law (TWAIL)." In International Legal Theory. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108551878.007.

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al Attar, Mohsen. "Subverting Eurocentric Epistemology." In Contingency in International Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898036.003.0009.

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Third World Approaches to International Law (TWAIL) has a fundamental problem: its scholars don’t quite know how to relate to international law. This problem is constitutive of the theory, born as it was out of disillusionment with the failures of decolonisation and, of course, of international law. As a consequence, we find in TWAIL scholarship the juxtaposition of powerful critiques of international law alongside noisy calls for more international law. TWAIL’s aspirational projects are timid, constrained as they are by TWAIL’s overriding commitment to a legal regime its scholars bemoan. In t
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