TWAIL: Past and Future

2008 ◽  
Vol 10 (4) ◽  
pp. 479-481 ◽  
Author(s):  
Antony Anghie

AbstractWhile TWAIL could be viewed as a methodology, it is a methodology that is still being developed. The work of current TWAIL scholars on particular areas of international law is of special importance to TWAIL as these studies will hopefully reveal particular ways in which the relationship between international law and the Third World plays out, and will thereby add to the analytical resources available to TWAIL scholars.

Author(s):  
Knox Robert

This chapter attempts to chart a course through the complex terrain of Marxist theory as applied to international law, especially given that Marxist international legal theory can only be understood in relation to a number of other debates. Particularly important are Marxist debates about the relationship between the ‘base’ and ‘superstructure’, about the nature and function of the state, and theories of ideology and hegemony. To that end, the chapter explores Marxist theories of imperialism and their understanding of international law, such as the associations between international law and the dynamics of international capitalism, conducted under the rubric of ‘imperialism’. Finally, the chapter takes a specific look at Marxist international legal theory, in exploring the commodity-form theory, the ideology critique, and the positioning of the ‘Third World’ within international law.


1988 ◽  
Vol 20 (4) ◽  
pp. 411-442 ◽  
Author(s):  
Elia Zureik

Orthodox theories of crime in the Third World and in regions of uneven economic development offer a unilinear explanation of the relationship between economic development and increased crime rates. Simply stated, this Durkheimian position views the transition from traditional to modern society as being associated with the weakening of mechanical forms of solidarity and the emergence of secular and impersonal role structures based on a complex division of labor. Universalistic and achievement criteria replace ascriptive and particularistic values, and deviance-derived social control models based on formalized coercive sanctions substitute for traditional and community-based forms of control. Anomic behavior, frustration of expectations, and norm violation are considered an expected, if transitory, outcome of social change, and are explained on the basis of a clash between modern and traditional value systems.


1984 ◽  
Vol 36 (3) ◽  
pp. 362-382 ◽  
Author(s):  
Terrance G. Carroll

Extensive secularization is frequently held to be a necessary condition for political modernity. The author argues that the relationship between religion and the modern state is considerably more complex than this general proposition suggests. It is necessary to specify particular ideological models of the modern state, since these differ significantly from one another; and it is necessary to specify particular religions in their contemporary manifestations, since these also differ in important ways. A detailed analysis of this type suggests that there is no general incompatibility between the main religions of the third world and widely shared, nonideological features of political modernity. Specific religions are shown to be incompatible with some specific forms of the modern state, while presenting no significant obstacle to other models of political modernity.


1979 ◽  
Vol 41 (2) ◽  
pp. 256-272
Author(s):  
Kenneth W. Thompson

I propose to examine the relationship of American democracy to the Third World along two planes of reality, one briefly sketched in outline and miniature, the other drawn with greater elaboration and substance. The brief sketch sums up all that follows; it draws on America's great leader, Abraham Lincoln, who prophetically defined the issues that faced both the young American republic and today's fledgling nations by asking the question:Must a government of necessity be too strong for the liberties of its people, or too weak to maintain its own existence?


1988 ◽  
Vol 28 (265) ◽  
pp. 321-324 ◽  
Author(s):  
The Review

The protection of refugees and displaced persons is guaranteed by many universal and regional instruments of international law. The rules are there, but for several years the humanitarian organizations charged with implementing them have constantly had to face new situations brought about by the scale and frequency of mass population movements, especially in the Third World, and new types of violence which affect both the status and the possibilities for protection of the people concerned. Very often, the solutions arrived at by these bodies have taken the form of assistance rather than protection, the one not always easily distinguishable from the other.


1969 ◽  
Vol 33 (3) ◽  
pp. 199-228
Author(s):  
Basil Ugochukwu

This paper uses the governance praxis of the Federation of International Football Associations [FIFA] to illustrate the impact of several intensive, discrete, and rarely-studied global governance actors whose internal processes and procedures mirror the core concerns of Third World Approaches to International Law [TWAIL] scholars regarding the legitimation of a hegemonic category and the marginalization of Third World and subaltern interests. It is argued that FIFA has become an important international organization and global governance actor whose transnational rule-making characteristics should be studied in light of the incipient migration from “international law” to “global governance”.      It will be shown that not only are FIFA’s rules impinging on sovereign imagination but that the tendencies of inequality, unfairness and domination afflicting the practices of traditional or state-centric international organizations are as prevalent in the procedures of such less-studied global governance actors regardless that their rule-making activities exert significant impact on governments, especially those in Africa and other parts of the Third World. More significantly, the essay looks at possible domestic political and socio-legal implications of discrete globalization of the kind exemplified by FIFA on Africa and the Third World and how important it is to integrate this concern into TWAIL scholarship going forward.


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