A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias

Leiden Journal of International Law, Vol. 21, p. 317, 2008

33 Pages Posted: 14 Jun 2010

See all articles by James Thuo Gathii

James Thuo Gathii

Loyola University Chicago School of Law

Date Written: 2008

Abstract

This essay critically examines the legal theories of the Nigerian jurist T.O. Elias concerning Africa’s contribution to international law and the ways in which its rules could be reformulated to benefit the newly independent states. In this respect, he influenced many contemporary international lawyers in Africa and elsewhere. In particular, his singling out of sovereignty as a barrier to reforming international law is shared by a generation of international legal scholars who have criticized states for placing too high a premium on their sovereignty, thereby placing insuperable barriers to their acceptance of egalitarian goals. The essay also contrasts Elias to scholars of international law who viewed Europe’s colonial legacy of international law as a barrier to reforming it so that it was consistent with the interests of so-called post-colonial African states.

Keywords: colonialism, contributionism, T.O. Elias, Eurocentricity, sovereign-thy-sovereignty, TWAIL

Suggested Citation

Gathii, James Thuo, A Critical Appraisal of the International Legal Tradition of Taslim Olawale Elias (2008). Leiden Journal of International Law, Vol. 21, p. 317, 2008, Available at SSRN: https://ssrn.com/abstract=1625007

James Thuo Gathii (Contact Author)

Loyola University Chicago School of Law ( email )

25 East Pearson
Chicago, IL 60611
United States

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