From the Ivory Tower to the Shantytown: How Does Critical Legal Theory Respond to Political Uprisings?

Mohsen al Attar & Thamil Ananthavinayagan

Third World Approaches to International Law (TWAIL) takes aim at colonial legacies within the international legal framework. This involves tracing the colonial roots of legalities that perpetuate neocolonial relations between the Global North and Global South. Informed by a critical belief in the value of international law in the struggle for social justice, TWAIL scholars seek to centre the Global South in the production and operation of international law: first, to counter the historical disenfranchisement of Third World peoples in the making of international law and, second, to diversify the epistemological foundations of international legal knowledge. Paradoxically, by transforming the Global South into a homogenised object of study, TWAIL reproduces a hierarchical relationship between academics and peoples similar to the one that colours orthodox approaches to international law, undermining the critical theory’s transformative potential.

Our symposium will unpack the epistemological limitations of TWAIL. First, we will explore whether a turn to decolonial theory can resolve TWAIL’s problematic commitment to Eurocentric epistemology. Second, we will investigate the potential for collaboration between TWAIL scholars and activists in the Global South involved in today’s political uprisings. By combining activism with scholarship, we hope to expand TWAIL’s network of collaborators and enhance its ability to deploy international legal critique in support of social justice.

Orthodox international legal theory makes people invisible. While TWAIL exhibits similar tendencies, its predisposition is toward both plurality and inclusion, cutting across disciplinary boundaries by combining law with political economy, sociology, and Black studies to name a few. Our symposium will consider whether TWAIL can also cut across sectoral boundaries, joining its efforts with those of activists from the Global South. In line with the ISRF’s mission, our symposium proposes to renew the research methodologies of critical international legal scholars to better respond to the political uprisings of our time.

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