Critical Race Theory and International Law: The View of an Insider-Outsider

14 Pages Posted: 22 Dec 2009

Date Written: 2000

Abstract

This article contends that international law, like national law, is captive to the racial biases and hierarchies that hide injustice under the pretext of legal neutrality and universality. It argues that international law is tormented by racist and hegemonic asymmetries that govern the international order. The piece posits that international law could benefit greatly from the method of critical race theory in unpacking the pathologies of power and race that define it. It focuses on the use of international law to conceive and buttress the exploitation and marginalization of the North by the South. It calls for a reconstruction of international law to serve the ends of justice and equality.

Keywords: Critical race theory, international law, insider-outsider, hegemony, Third World Approaches to International Law

Suggested Citation

Mutua, Makau, Critical Race Theory and International Law: The View of an Insider-Outsider (2000). Villanova Law Review, Vol. 45, p. 841, 2000, Available at SSRN: https://ssrn.com/abstract=1525526

Makau Mutua (Contact Author)

SUNY Buffalo Law School ( email )

626 O'Brian Hall
Buffalo, NY 14260-1100
United States
716 645-2311 (Phone)

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