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
Date Written: April 12, 2018
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
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