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

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Published: 7 June 2025

Last updated: 2 August 2025

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1

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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Hippolyte, Antonius R. "Correcting twail’s Blind Spots." International Community Law Review 18, no. 1 (2016): 34–52. http://dx.doi.org/10.1163/18719732-12341320.

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Third World Approaches to International Law (twail) may serve as an apt critique for examination of international economic governance from a Third World angle, given its intimate concern for the welfare of these States in international law. twail’s critique has improved significantly in terms of quality and quantity. Nevertheless, the critique continues to be plagued by a fundamental shortcoming, namely, it merely critiques international law systems and fails to provide suggestions for reforming them to suit the needs of Third World States. This is particularly true in relation to its critique

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Falk, Richard. "Foreword: Third World Approaches to International Law (TWAIL) special issue." Third World Quarterly 37, no. 11 (2016): 1943–45. http://dx.doi.org/10.1080/01436597.2016.1205443.

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Appiagyei-Atua, Kwadwo. "Ethical Dimensions of Third-World Approaches to International Law (twail): A Critical Review." African Journal of Legal Studies 8, no. 3-4 (2015): 209–35. http://dx.doi.org/10.1163/17087384-12342063.

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Third-World Approaches to International Law (twail) represents an intellectual movement devoted to exposing the injustices, imbalances and contradictions inherent in international law that work against the interests of the Third World, especially Africa. As a deconstructive tool, it seeks to question the assumptions and claims of neutrality, fairness and orderliness that law is supposed to embody and thereby decentre the garb of coloniality, hegemony, eurocentricity and universality that defines and dictates the discourse and praxis of international law, especially international economic law.

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Zoli, Corri. "Islamic Contributions to International Humanitarian Law: Recalibrating TWAIL Approaches for Existing Contributions and Legacies." AJIL Unbound 109 (2015): 271–76. http://dx.doi.org/10.1017/s2398772300001586.

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This short essay focuses on the involvement of Muslim-majority state leadership in the pre-World War II development of international humanitarian law (IHL), including their appeals to Islamic norms. This historical snapshot reveals how national leaders joined debates during conferences leading up to the revised 1949 Geneva Conventions, the heart of modern IHL. Such accounts complicate our assumptions about the cultural and national composition of public international law as “Western,” and shed light on global hierarchies involving modern Arab and Muslim states and their investment in such norm

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Paulus, Andreas, and Matthias Lippold. "Customary Law in the Postmodern World (Dis)order." AJIL Unbound 112 (2018): 308–12. http://dx.doi.org/10.1017/aju.2018.83.

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B.S. Chimni's thought-provoking article presents a welcome opportunity to reflect on both the value and the shortcomings of custom as a source in contemporary international law. Chimni convincingly identifies points of concern with respect to the representativeness of the relevant state practice and the availability of non-Western practice. His article is part of a stream of recent scholarship that examines the relationship between public international law and the so-called Third World under the label of Third World Approaches to International Law (TWAIL). The contribution, like much of the TW

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Okafor, Obiora Chinedu. "Enacting Twailian Praxis in Nonacademic Habitats: Toward a Conceptual Framework." AJIL Unbound 110 (2016): 20–24. http://dx.doi.org/10.1017/s2398772300002336.

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The roles that Third World Approaches to International Law (TWAIL) scholars could play in political and/or socio-economic struggles beyond the academy, and the relationships of these scholars to politicians, diplomats activists, civil servants, peasant movements, civil society, and other nonacademic actors are issues as important to TWAIL as they are understudied and underenacted. The three essays in this TWAIL Symposium take up this theme of praxis.

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Loefflad, Eric. "Third World Statehood Before the ‘Third World’: Imperialism, Sovereignty, and the Making of Latin America." National Law School of India Review 35, no. 2 (2024): 166–77. https://doi.org/10.55496/lrkg8535.

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Engaging BS Chimni’s claim that the genealogies of colonial capitalism are vital to uncovering the substantive realities that animate formalistic conceptions of jurisdiction, I argue that the independence of Latin America forms an important, yet under- theorised, site for articulating these genealogies. This is especially significant given the general lack of materialist analysis of this history in both Latin American International Law (LAIL) and Third World Approaches to International Law (TWAIL’). Filling this lacuna, I argue that while Latin American polities emerged as bounded territorial

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Ramina, Larissa. "TWAIL – “Third World Approaches to International Law” and human rights: some considerations." Revista de Investigações Constitucionais 5, no. 1 (2018): 261. http://dx.doi.org/10.5380/rinc.v5i1.54595.

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zirion, landaluze iker. "Una invitación a repensar la disciplina desde las aproximaciones del Tercer Mundo al Derecho internacional." Revista Española de Derecho Internacional 75, no. 1 (2023): 161–87. https://doi.org/10.36151/REDI.75.1.6.

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Este artículo reflexiona críticamente sobre el derecho internacional público desde las Aproximaciones del Tercer Mundo al Derecho Internacional (<em>Third World Approaches to International Law</em> o TWAIL, en su sigla en inglés), una visión crítica de la disciplina que analiza y cuestiona el papel del orden jurídico internacional en la dominación de los Estados, pueblos y personas del tercer mundo. Para ello, por un lado, cuestiona el origen y naturaleza, los valores subyacentes, ciertas ideas y conceptos nucleares, y los presupuestos on

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al Attar, Mohsen. "TWAIL: a Paradox within a Paradox." International Community Law Review 22, no. 2 (2020): 163–96. http://dx.doi.org/10.1163/18719732-12341426.

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Abstract What insight do critical perspectives bring to international legal theory? In the following article, I answer this question through an examination of Third World Approaches to International Law (TWAIL). Troubled by geopolitical imbalance in the enterprise of international law, a group of critically minded scholars sought to expand the scope of legal scholarship. They would do so by growing a scholarly community sensitive to Third World concerns in their engagement with international law. Movements are known to collapse just as quickly as they sprout and it is testament to TWAIL’s forc

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Sunter, Andrew F. "TWAIL as Naturalized Epistemological Inquiry." Canadian Journal of Law & Jurisprudence 20, no. 2 (2007): 475–507. http://dx.doi.org/10.1017/s084182090000429x.

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Third World Approaches to International Law (TWAIL) scholarship provides a trenchant critique of the contemporary international law regime, using concrete historical and cultural evidence to demonstrate that the central doctrines of international law are highly Eurocentric and, therefore, not representative of the values and beliefs of a large portion of the world’s population. Nevertheless, there is almost no recognition of TWAIL’s intellectual contribution in mainstream international law scholarship. It is only in rare cases that mainstream scholars make the effort to directly respond to Twa

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Tzouvala, Ntina. "TWAIL and the “Unwilling or Unable” Doctrine: Continuities and Ruptures." AJIL Unbound 109 (2015): 266–70. http://dx.doi.org/10.1017/s2398772300001574.

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Given the long history of violent encounters between the Global North and the Global South, legal arguments concerning the use of force are a fertile ground for testing the virtues and limits of Third World Approaches to International Law (TWAIL) as a theory aspiring to “address the material and ethical concerns of Third World peoples.” This essay examines the usefulness and limits of TWAIL in the context of the “unwilling or unable” doctrine currently promoted by a series of Western scholars and states in order to expand the scope of application of the right to self-defence under Article 51 o

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Gallié, Martin. "Les théories tiers-mondistes du droit international (twail) : Un renouvellement ?" Études internationales 39, no. 1 (2008): 17–38. http://dx.doi.org/10.7202/018717ar.

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L’analyse tiers-mondiste du droit international semble connaître un « second souffle » dans la littérature anglophone depuis le milieu des années 90, comme en témoignent les réunions académiques des Third World Approaches to International Law (twail). Si leurs auteurs s’inscrivent dans la continuité des premières analyses tiers-mondistes, on peut repérer des déplacements dans l’analyse. Les twail se démarquent des théories tiers-mondistes de la première génération sur aux moins deux points : la conceptualisation de la souveraineté des États et celle du principe d’universalité, pierres angulair

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ALFRED, LOVE. "A Just Energy Transition Through the lens of Third World Approaches in International Law." Opolskie Studia Administracyjno-Prawne 21, no. 2 (2023): 9–41. http://dx.doi.org/10.25167/osap.5258.

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The transition to green energy requires an all-hands-on-deck approach because of the effects of climate change on all. However, the nature and type of commitment or responsibilities required towards the transition are to be differentiated due to ‘countries’ different socioeconomic challenges and starting positions. This is the underpinning understanding of the United Nations Framework Convention on Climate Change (UNFCCC)’s energy transition strategy under the framework of the Paris Agreement (PA). Whether PA’s ‘differentiation’ representation and strategies, contributes to a ‘just’ energy tra

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Shrinkhal, Rashwet. "Evolution of Indigenous Rights Under International Law: Analysis from TWAIL Perspective." Oriental Anthropologist: A Bi-annual International Journal of the Science of Man 19, no. 1 (2019): 7–24. http://dx.doi.org/10.1177/0972558x19835387.

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Indigenous people are the most socially, politically, and economically marginalized groups in the world. They are the most oppressed on account of the fact that the values sustaining the moral roots of their culture are considered incompatible with the values of modern culture. This article traces the evolution of rights of indigenous people in international law. It argues that discrimination against indigenous people was maintained under international law based on differences on scale of civilization. It will demonstrate how ‘universal standards’ may be applied not as an agent of liberation b

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Singh, Prabhakar. "The Scandal of Enlightenment and the Birth of Disciplines: Is International Law a Science?" International Community Law Review 12, no. 1 (2010): 5–34. http://dx.doi.org/10.1163/187197410x12631788215792.

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AbstractToday’s mainstream international law scholarship (MILS) is concerned primarily with the issue of its scientificity. This brings us to the larger epistemological questions of linear modernity, narratives of circular progress, role of colonisation and rejection of pre-science. International law is not a self-contained regime as it draws insights from all the other disciplines that were born after the Enlightenment. This article makes a psychological investigation using Nandy’s psycho-political framework under the third world approaches to international law (TWAIL). It also sees, as a cas

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DEMİRKOL, Atahan. "Three Faces of International Law: A Critical Approach." Türkiye Adalet Akademisi Dergisi, no. 54 (April 3, 2023): 39–76. http://dx.doi.org/10.54049/taad.1274382.

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Bu çalışma, uluslararası hukukun neden var olduğu ve uluslararası ilişkilerde ne işe yaradığı tartışmalarını incelemeyi amaçlamaktadır. Modern uluslararası hukukun ortaya çıkışı doktrinde 16. yüzyılda haklı savaş ve deniz ticaretinin düzenlenmesi konularıyla ilişkilendirilmektedir. Ancak ortaya çıkışından bugüne uluslararası hukukun varlık sebebi ve neye hizmet ettiği tartışılmaktadır. Farklı bakış açılarına göre değişik yorumlamalara gebe olan uluslararası hukuk, barışın sağlanması aracı, ulusal çıkarların optimizasyon mekanizması ya da hegemonyanın silahı olarak adlandırılmıştır. Bu birbirin

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Jamshidi, Maryam. "Foreign Sovereign Immunity Doctrine: A TWAIL Perspective." National Law School of India Review 35, no. 2 (2024): 69–83. https://doi.org/10.55496/aomc3166.

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As Prof. B.S. Chimni has shown, while the international law of state jurisdiction masquerades as a technical procedural rule, it has long served the capitalist and imperialist interests of Western States—a revelation that aligns with Third World Approaches to International Law (‘TWAIL’). It is no surprise then that the international law on foreign sovereign immunity—which is a subset of the law of state jurisdiction—has also furthered the capitalist interests of Western countries. This tendency is reflected in the United States’ Foreign Sovereign Immunities Act, 1976 (‘FSIA’), which is one of

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Cardoso Squeff, Tatiana de A. F. R., and Gabriel Pedro Dassoler Damasceno. "Decolonizing International Law: between demystifications and resignifications." Revista Brasileira de História & Ciências Sociais 16, no. 32 (2024): 182–205. http://dx.doi.org/10.14295/rbhcs.v16i32.16555.

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In the search for the existence of alternatives for how legal relations in International Law are established today, this text starts from the need to demystify International Law as a universal normative set (part I), so that it can thus look into the possibilities of resignifications of its norms from a critical stance, more specifically through the Third World Approaches to International Law – TWAIL (part II), as is already happening in the field of (International Law of) Human Rights since the Decolonial Theory , allowing not only to question the past, but also to obtain social justice for e

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Sripati, Vijayashri. "The United Nation's Role in Post-Conflict Constitution-Making Processes: TWAIL Insights." International Community Law Review 10, no. 4 (2008): 411–20. http://dx.doi.org/10.1163/187197308x356949.

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AbstractThis essay analyzes how Third World Approaches to International Law (TWAIL) insights have illuminated some but not all themes relevant to understanding post-Cold War internationalised constitution-making processes such as those of Afghanistan and Iraq and the United Nation's (UN) constitutional support therein. It argues that the UN's constitutional support has evolved into an established practice and that the need to interrogate the very idea of the internationalisation of constitution-making, – essentially a domestic process – places the legitimacy of, and the explanations offered fo

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CHIMNI, B. S. "International Law Scholarship in Post-colonial India: Coping with Dualism." Leiden Journal of International Law 23, no. 1 (2010): 23–51. http://dx.doi.org/10.1017/s092215650999032x.

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AbstractThis essay seeks to sketch and evaluate international law scholarship in post-colonial India in the period 1947–2007. The exercise is undertaken to assess how Indian scholarship has coped with the dual life of international law: the fact that it is both an instrument of domination and possible emancipation. It is contended that while the dominant approach of formalist dualism, which critiques colonial international law but embraces the narrative of progress in the present, has made a seminal contribution to the world of international law, in particular the first articulation of Third W

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Moral, Paulina García-Del. "Feminicidio: TWAIL in Action." AJIL Unbound 110 (2016): 31–36. http://dx.doi.org/10.1017/s239877230000235x.

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Feminicidio is a Mexican adaptation of the radical feminist concept of femicide, usually defined as the misogynous murder of women by men because they are women. In this essay based on original fieldwork, I seek to contribute to Third World Approaches to International Law (TWAIL) scholarship by providing a brief analysis of the engagement of Mexican grassroots feminist activists with international human rights law in their struggle against the systematic abduction, murder, and sexual abuse of hundreds of women and girls in Ciudad Juárez, Mexico, and the widespread impunity enveloping these cri

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Nciko, Arnold. "Hut at Strathmore – TWAIL for a Culturally Appropriate Teaching of Public International Law in African Law Schools." Strathmore Law Review 6, no. 1 (2021): 41–69. http://dx.doi.org/10.52907/slr.v6i1.163.

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The teaching of Public International Law (PIL) in African law schools is backward. While Article 13 of the International Covenant on Economic, Social and Cultural Rights demands that, for education to be acceptable, it must also be culturally appropriate, the teaching of PIL in our schools is largely only reflective of European westernisation. This study reviews relevant literature in law, sociology, international relations, history and politics, and rely on surveys on PIL syllabi in select leading African law schools to attempt to make this violation more explicit. As a recommendation of a po

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del Moral, Ignacio de la Rasilla. "Francisco de Vitoria’s Unexpected Transformations and Reinterpretations for International Law." International Community Law Review 15, no. 3 (2013): 287–318. http://dx.doi.org/10.1163/18719732-12341254.

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Abstract A review of some of the legacies of Vitoria for international legal scholarship accompanies, in the first part, a retrospective gaze at the first third of the Twentieth century, in order to examine how the founder of the American Society of International Law, James Brown Scott, contributed to (re)establish Vitoria as the father of international law in the inter-war years. The second part provides a genealogy of the critical front of the Vitorian revival in international law today. Special attention is, then, paid to some of the intellectual building-blocks and programmatic tenets whic

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Otto, Dianne. "The Gastronomics of TWAIL's Feminist Flavourings: Some Lunch-Time Offerings." International Community Law Review 9, no. 4 (2007): 345–52. http://dx.doi.org/10.1163/187197407x261377.

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AbstractThis paper was prepared as a lunch-time key-note address on the relationship(s) between Third World Approaches to International Law (TWAIL) and feminism(s). It reflects on the author's experience, at the Beijing World Conference on Women in 1995, of seeking support from the African Caucus of nongovernmental representatives for the inclusion of references to 'sexual orientation' in the Beijing Platform for Action. The work of Janet Halley is drawn on to formulate a multiple choice 'lunch-time quiz', which sets out possible relationships between feminism and TWAIL. It is argued that alth

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Weingand, Yanik. "Scholars, States, and Human Rights." Global Europe – Basel Papers on Europe in a Global Perspective, no. 122 (June 16, 2022): 47–70. http://dx.doi.org/10.24437/globaleurope.i122.1109.

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This article investigates the similarities between different critiques towards the international human rights system from academia and state-actors. On the one hand, there are the critiques from scholars of the Third World Approaches to International Law (TWAIL) movement. On the other hand, there are critical points raised towards the international human rights system by China, Cuba, and Egypt in the reports from the first three cycles of their respective Universal Periodic Review (UPR) within the United Nations Human Rights Council (UNHRC). Through a literature review, the TWAIL critiques wer

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Fagbayibo, Babatunde. "Some Thoughts on Centring Pan-African Epistemic in the Teaching of Public International Law in African Universities." International Community Law Review 21, no. 2 (2019): 170–89. http://dx.doi.org/10.1163/18719732-12341397.

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Abstract The teaching of public international law in Africa remains unresponsive to the imperative of decolonisation. The curriculum in many universities across the continent remain steeped in Eurocentric canons, and does little to disrupt hegemonic assumptions that place European thinkers at the heart of the development of international law. There is little attempt to provide a critical discussion around important epistemologies that emerged from diplomatic interactions between and among pre-colonial African Empires, and with Europeans and Asians; state building/state recognition measures; an

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Nesiah, Vasuki. "Decolonial CIL: TWAIL, Feminism, and an Insurgent Jurisprudence." AJIL Unbound 112 (2018): 313–18. http://dx.doi.org/10.1017/aju.2018.82.

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In advancing a Third World Approaches to International Law (TWAIL) analysis of customary international law (CIL) and its dominant doctrinal conceits, B.S. Chimni shows how the jurisprudence of custom has been co-constitutive with colonization and capitalism. He contends that CIL's most fundamental assumption—the “supposed distinction between ‘formal’ and ‘material’ sources of CIL”—privileges Western states while legitimizing CIL as a neutral and universal body of law. In dialogue with Chimni, this essay extends the conversation in two directions. First, I show that there are important resonanc

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Kapur, Ratna. "“The First Feminist War in all of History”: Epistemic Shifts and Relinquishing the Mission to Rescue the “Other Woman”." AJIL Unbound 116 (2022): 270–74. http://dx.doi.org/10.1017/aju.2022.45.

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Rescuing the “other woman” has been an intractable feature of international and human rights legal interventions. This rescue narrative configures the “other woman,” invariably third world or from the Global South, as left behind in the movement toward progress and modernity. Part of the solution envisages the rescue and incorporation of the “other woman” into liberal rights discourse—the teleological endpoint of emancipation. Third World Approaches to International Law (TWAIL) and postcolonial feminist critiques have exposed the racial and civilizational discourses that shape these rescue mis

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Yusuf Ali Mohammed. "Decolonizing and Reconstructing the Legal Discourse on the Nile River as sine qua non." Mizan Law Review 17, no. 2 (2023): 231–56. http://dx.doi.org/10.4314/mlr.v17i2.1.

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The Nile River is not only the longest river but is also endowed with fertile natural resources. Because of geo-political and economic advantages, Britain and its colonial allies had strategically occupied riparian states along the Nile River. The colonial powers have substantially contributed to setting precedents for colonial legal discourses in the Nile River basin. Examining the role of the colonial legal discourses along with their potential ramifications in the post-colonial era is thus significant. This article primarily seeks to examine the colonial legal discourse within the framework

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Bose, Debadatta. "Decentring Narratives around Business and Human Rights Instruments: An Example of the French Devoir de Vigilance Law." Business and Human Rights Journal 8, no. 1 (2023): 18–42. http://dx.doi.org/10.1017/bhj.2023.6.

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AbstractThere has been tremendous momentum in adoption of business and human rights regulations, specifically national legislation that mandate human rights due diligence. While these laws have been heralded as the torchbearers of progress, this article approaches national legislation on business and human rights by placing them in context of a North–South divide through a Third World Approaches to International Law (TWAIL) lens. It looks at the form of regulation of transnational corporations (national/international) – not the substance – and illustrates the neo-colonial flavour of these laws

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Czubik, Agnieszka. "TWAIL (Third World Approaches to International Law) wobec „standardu cywilizacji” w prawie międzynarodowym publicznym ze szczególnym uwzględnieniem perspektywy afrykańskiej." Politeja 22, no. 2(96/1) (2025): 155–71. https://doi.org/10.12797/politeja.22.2025.96.1.08.

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Marín, Amaya Álvez. "CONSTITUTIONAL CHALLENGES OF THE SOUTH: INDIGENOUS WATER RIGHTS IN CHILE - ANOTHER STEP IN THE “CIVILIZING MISSION?" Windsor Yearbook of Access to Justice 33, no. 3 (2017): 87–110. http://dx.doi.org/10.22329/wyaj.v33i3.4888.

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This article explores the struggles of indigenous rights based on the adoption of the 1980 Chilean Constitution, under an authoritarian frame, that resulted in water being considered as a commodity and, therefore, subject to radical market rules that serves as a relevant local example in conflict with ratified international treaties. The argument proposes a critical approach to establish a continuum of the recurring rejection of the ancestral beliefs of Indigenous People since colonial times. In light of the actual constituent process for drafting a new constitution in Chile (2015), the articl

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Wajahat, Johar, Dr Mohammad Jan, and Dr Rafia Naz Ali. "nternational Law and Sovereignty: Between Legal Obligation and Political Will." Advance Social Science Archive Journal 4, no. 1 (2025): 1145–56. https://doi.org/10.55966/assaj.2025.4.1.071.

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This article explores the enduring tension between legal obligation and political will within the framework of international law and state sovereignty. Tracing the historical evolution of sovereignty from the Westphalian model to its modern-day reinterpretation in an era of globalization, human rights, and supranational governance, the study examines how international legal norms often clash with the strategicinterests of sovereign states. Theoretical perspectives including natural law, legal positivism, realism, liberalism, and Third World Approaches to International Law (TWAIL) are employed

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Dhir, Aaron A. "Shareholder Engagement in the Embedded Business Corporation: Investment Activism, Human Rights, and TWAIL Discourse." Business Ethics Quarterly 22, no. 1 (2012): 99–118. http://dx.doi.org/10.5840/beq20122216.

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ABSTRACT:The expansion of extractive corporations’ overseas business operations has led to serious concerns regarding human rights–related impacts. As these apprehensions grow, we see a countervailing rise in calls for government intervention and in levels of socially conscious shareholder advocacy. I focus on the latter as manifested in recent use of the shareholder proposal mechanism found in corporate law. Shareholder proposals, while under-theorized, provide a valuable lens through which to consider the argument that economic behaviour is embedded within social relations. In doing so, I si

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Mantelli, Gabriel Antonio Silveira, and Michelle Ratton Sanchez Badin. "Repensando o Direito Internacional a Partir dos Estudos Pós-Coloniais e Decoloniais." Prim Facie 17, no. 34 (2018): 01–33. http://dx.doi.org/10.22478/ufpb.1678-2593.2018v17n34.35667.

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O artigo sistematiza as abordagens pós-coloniais no direito internacional a fim de estimular uma agenda crítica sobre o direito internacional na América Latina, sobretudo no Brasil. Para tanto, valendo-se de revisão bibliográfica, além de introduzir contextualmente a temática, o artigo está dividido em três seções principais e as considerações finais. Primeiro, uma breve genealogia do debate pós-colonial nas ciências sociais apresenta as contribuições de teóricos/as africanos e asiáticos. Segundo, uma análise das abordagens decoloniais do Grupo Modernidade/Colonialidade indica um aprofundament

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Mushoriwa, Linda. "The Prosecutor v Dominic Ongwen case before the International Criminal Court: A Twail-er’s perspective." South African Journal of Criminal Justice 37, no. 1 (2024): 103–26. http://dx.doi.org/10.47348/sacj/v37/i1a5.

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This paper explores whether the International Criminal Court (ICC or ‘the court’) has lived up to the expectation of being an effective and universal mechanism of international criminal justice and accountability, by using the judgment of the Prosecutor v Dominic Ongwen as a case study. Ongwen was convicted by the court’s Trial Chamber (TC) IX in February 2021, on 61 charges of war crimes and crimes against humanity perpetrated in Northern Uganda between July 2002 and December 2005, and sentenced to 25 years’ imprisonment. The Appeals Chamber (AC) confirmed both the conviction and sentence in

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Xavier, Sujith. "Truth Eaters: TWAIL and Transitional Justice in Sri Lanka." AJIL Unbound 119 (2025): 64–68. https://doi.org/10.1017/aju.2025.13.

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Every May 18, mourners gather near the sandy beaches of Mullivaikkal, a small strip between Chundikulam and Mulltaitivu in the Northern province of Sri Lanka, to commemorate the 2009 genocide against the Tamils. Mullivaikkal is where approximately three hundred thousand Tamil civilians found refuge as they fled the military bombardment between January and May 2009.1 Starting in 2010, the remembrance day commemoration attracts thousands of locals, coming together near the beach to reflect and remember. Increasingly, the commemoration also attracts transitional justice experts, along with diplom

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Gupta, Joyeeta. "The Paris Climate Change Agreement: China and India." Climate Law 6, no. 1-2 (2016): 171–81. http://dx.doi.org/10.1163/18786561-00601012.

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This paper assesses how the Paris Agreement on climate change affects China and India. Taking a twail (third-world approaches to international law) approach, it argues that patterns of exploitation are repeated in different fields. The unfccc required developed countries to reduce their emissions before developing countries would be required to do so. While some developed countries are keeping to their side of the bargain, others are failing to do so. Nevertheless, China and India have accepted an agreement with targets for all countries which requires considerable sacrifices in the energy fie

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Johnson Raisch, Marylin. "Introductory Remarks: Overview of General Research Trends and Topical Focus for 2020: Researching Human Rights and Artificial Intelligence." Proceedings of the ASIL Annual Meeting 114 (2020): 239–40. http://dx.doi.org/10.1017/amp.2021.45.

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There are many current threads in human rights research today; some are extensions of more traditional concerns, and others call upon the application of human rights law as a part of international law that is evoked by recent and changing realities. There is, first, a historical turn in international law that is relevant to human rights even though it is more traditional for legal scholarship to look at such sources. Recently, Third World Approaches to International Law (TWAIL) and discoveries about the role of the women's peace movement (as women endured and challenged the mixed messages abou

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