The Colonial Aspects of the International Environmental Law – Treaties as Promoters of Continuous Structural Violence

28 Pages Posted: 12 Oct 2017

See all articles by Douglas Castro

Douglas Castro

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP; Foundation for Law and International Law; Universidade Paulista - UNIP

Date Written: October 11, 2017

Abstract

The formation of international institutions in the twentieth century occurs under a scenario marked by the rule of colonialism and imperialism. Thus, instead of reducing inequalities in the world system, international institutions reproduce a prevalent logic of material and subjective discrimination based on a colonialist ideology marked by violence, which is communicated in a certain way so that it can justify its importance and legitimacy. The colonial violence is perpetuated under the form of symbolic violence manifested in the language that imposes a universal meaning and systemic violence that manifests itself in the "perfect" functioning of the world economic and political system as the ultimate form of development. One of the perverse and subtle dimensions of this violence is observed in the emergence of the International Environmental Law in terms of metanarratives that excludes minorities and perceptions other than the ones propagated by international institutions. The main objective of this article is identifying the dynamics in the formation of environmental treaties leading to standard results of discursive practices that feeds the process of dependence and legitimation marked by colonial ruling and structural violence. The methodological approach relies on the critical theory tenets to expose the non-emancipatory features of the current International Environmental Law by the application of the socio-legal approach to the treaties that consists of the text analysis (law), subtext (the moral aspects of the law – deep or implicit meanings), and context (the undeniable connection between law and reality). The empirical dimension is developed with the help of the computer assisted qualitative data analysis software (CADQAS) called ATLAS.ti.

Keywords: Imperialism; Structural Violence; International Environmental Law; TWAIL; Metanarratives

Suggested Citation

Castro, Douglas, The Colonial Aspects of the International Environmental Law – Treaties as Promoters of Continuous Structural Violence (October 11, 2017). Groningen Journal of International Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3051164 or http://dx.doi.org/10.2139/ssrn.3051164

Douglas Castro (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil
11-989904568 (Phone)

HOME PAGE: http://lattes.cnpq.br/4705266553541759

Foundation for Law and International Law ( email )

Washington D.C.

Universidade Paulista - UNIP ( email )

Sao Paulo, SP
Brazil

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