© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/187197308X366614 International Community Law Review 10 (2008) 371–378 I NTERNATIONAL C OMMUNITY L AW R EVIEW www.brill.nl/iclr Critical Th ird World Approaches to International Law (TWAIL): Th eory, Methodology, or Both? Obiora Chinedu Okafor * Associate Professor, Osgoode Hall Law School Faculty Associate, Harriett Tubman Institute for the Study of the African Diaspora Faculty Associate, Centre for Refugee Studies, York University, Toronto, Canada Abstract Th is 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 oﬀ ers both theories of, and methodologies for, analysing international law and institutions, before con- cluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach. Keywords Th ird World Approaches to International LAW (TWAIL); theory; methodology 1. Introduction Th is paper is based on a presentation made at the workshop entitled “Situating Th ird World Approaches to International Law (TWAIL): Inspirations, Challenges and Possibilities”, held 15–17 May 2008, at the University
International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) – Brill
Published: Jan 1, 2008
Keywords: METHODOLOGY; THEORY; THIRD WORLD APPROACHES TO INTERNATIONAL LAW (TWAIL)
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