The TWAIL Discourse: The Emergence of a New Phase

The TWAIL Discourse: The Emergence of a New Phase © Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/187197407X231253 International Community Law Review 9 (2007) 291–304 I NTERNATIONAL C OMMUNITY L AW R EVIEW Th e TWAIL Discourse: Th e Emergence of a New Phase Madhav Khosla National Law School of India University, Bangalore. Abstract One of the most important discourses to have emerged in opposition to mainstream international law has been the third world approaches to international law (TWAIL). Th is discourse may be divided into two historical phases: TWAIL I and TWAIL II. While TWAIL I was characterised by a focus on colonisation and the hegemonic use of international law by powerful nations, TWAIL II has concentrated on interna- tional institutions and the impact of globalisation. It is posited that the TWAIL discourse is in the process of entering into a new phase post 9/11. Th is phase can be understood as one in which TWAIL scholarship must respond to a series of new challenges in a world where terrorism is a serious concern. Such a response shares many common characteristics with TWAIL I and will involve a focus on the inconsistent and untenable use of international law by certain nations. Yet the scholarship in this phase http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) Brill

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Publisher
Martinus Nijhoff
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-9740
eISSN
1871-9732
D.O.I.
10.1163/187197407X231253
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/187197407X231253 International Community Law Review 9 (2007) 291–304 I NTERNATIONAL C OMMUNITY L AW R EVIEW Th e TWAIL Discourse: Th e Emergence of a New Phase Madhav Khosla National Law School of India University, Bangalore. Abstract One of the most important discourses to have emerged in opposition to mainstream international law has been the third world approaches to international law (TWAIL). Th is discourse may be divided into two historical phases: TWAIL I and TWAIL II. While TWAIL I was characterised by a focus on colonisation and the hegemonic use of international law by powerful nations, TWAIL II has concentrated on interna- tional institutions and the impact of globalisation. It is posited that the TWAIL discourse is in the process of entering into a new phase post 9/11. Th is phase can be understood as one in which TWAIL scholarship must respond to a series of new challenges in a world where terrorism is a serious concern. Such a response shares many common characteristics with TWAIL I and will involve a focus on the inconsistent and untenable use of international law by certain nations. Yet the scholarship in this phase

Journal

International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law)Brill

Published: Jan 1, 2007

Keywords: TWAIL; INTERNATIONAL LAW AND 9/11; INTERNATIONAL LAW AND TERRORISM; THIRD WORLD APPROACHES TO INTERNATIONAL LAW

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