The State and International Law: A Reading from the Global South

Humanity: An International Journal of Human Rights, Humanitarianism and Development, Forthcoming

50 Pages Posted: 30 Apr 2018 Last revised: 21 Sep 2018

See all articles by Luis Eslava

Luis Eslava

University of Kent - Kent Law School

Sundhya Pahuja

Melbourne Law School

Date Written: April 12, 2018

Abstract

In this article we re-describe the relationship between international law and the nation-state, reversing the usual imagined directionality of the flow between the two. At its most provocative, our argument is that rather than international law being a creation of the state, making the state is an ongoing project of international law. In the article, we draw on the example of the institutionalised project of development to illuminate the ways in which international law creates, and maintains nation-states, and then recirculates from a point ‘within’ them.

Keywords: International Law; Nation-State; Global South; Development; History; Theory; Postcolonial; TWAIL

Suggested Citation

Eslava, Luis and Pahuja, Sundhya, The State and International Law: A Reading from the Global South (April 12, 2018). Humanity: An International Journal of Human Rights, Humanitarianism and Development, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3161211

Luis Eslava (Contact Author)

University of Kent - Kent Law School ( email )

Canterbury, Kent CT2 7NS
United Kingdom

HOME PAGE: http://https://www.kent.ac.uk/law/people/academic/Eslava,_Luis.html

Sundhya Pahuja

Melbourne Law School ( email )

University of Melbourne
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61 3 8344 7102 (Phone)

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