International Law

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of ‘development.’ As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimized an ever-increasing sphere of intervention in the Third World.

As international criminal courts and tribunals have proliferated and international criminal law is increasingly seen as a key tool for bringing the world’s worst perpetrators to account, the controversies surrounding the international trials of war criminals have grown. War crimes tribunals have to deal with accusations of victor’s justice, bad prosecutorial policy and case management, and of jeopardizing fragile peace in post-conflict situations.

This article looks critically at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project.

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law (IMAIL), combining the insights of Marxism, socialist feminism, and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law, including new, feminist, realist, and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure, and process of international law.

The development of feminist jurisprudence in recent years has made a rich and fruitful contribution to legal theory. Few areas of domestic law have avoided the scrutiny of feminist writers, who have exposed the gender bias of apparently neutral systems of rules. A central feature of many western theories about law is that the law is an autonomous entity, distinct from the society it regulates.

The first book-length treatment of the application of feminist theories to international law. Its central argument is that the absence of women in the development of international law has produced a narrow and inadequate jurisprudence that has legitimated the unequal position of women worldwide rather than confronted it. Provides a feminist perspective on the structure, processes and substance of international law dealing with its sources, treaty law, the concept of statehood and the right of self-determination, the role of international institutions, and the law of human rights.

A World Made New is the dramatic and inspiring story of the remarkable group of men and women from around the world who participated in this historic achievement and gave us the founding document of the modern human rights movement. Spurred on by the horrors of the Second World War and working against the clock in the brief window of hope between the armistice and the Cold War, they grappled together to articulate a new vision of the rights that every man and woman in every country around the world should share, regardless of their culture or religion.

This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author’s highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.

The demise of custom as a source of international law has been widely forecasted. This is because both the nature and the relative importance of custom’s constituent elements are contentious. At the same time, custom has become an increasingly significant source of law in important areas such as human rights obligations. Codification conventions, academic commentary, and the case law of the International Court of Justice (the Court) have also contributed to a contemporary resurrection of custom.

The human rights movement has traditionally focused on documenting abuses, rather than attempting to explain them. In recent years, however, the question of the ‘root causes’ of violations has emerged as a key issue in human rights work. The present article examines this new (or newly insistent) discourse of root causes. While valuable, it is shown to have significant limitations. It foreshortens the investigation of causes; it treats effects as though they were causes; and it identifies causes only to put them aside.