The Status of the individual in international law: A TWAIL perspective

Chimni, B.S. (2024) The Status of the individual in international law: A TWAIL perspective. In: The Individual in International Law. Oxford University Press, pp. 231-250. ISBN 9780191999994

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Abstract

The chapter relies on third world approaches to international law (TWAIL) to explore the status of the individual in contemporary international law and the possibility of the emergence of a human-centred law. It argues that the debate on the question of subjecthood must move beyond positivism and natural law, or the imperatives of the Cold War, to the sociology of international order and make a distinction between formal and authentic subjects of international law. It suggests that in order to evaluate the status of the individual in international law, account must be taken of the operation of three logics at the international level, namely the ‘logic of capital’, the ‘logic of territory’, and the ‘logic of culture’. With regards to these, the chapter uses insights from postcolonial theory, Marxism, and socialist feminism to contend that the emergence of human-centred international law is seriously constrained by deep structures of global capitalism, patriarchy, and racism.

Item Type: Book Section
Keywords: TWAIL | Social relations | Authentic subjects | Humanisation | Imperialism | Refugees
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 21 Aug 2024 11:44
Last Modified: 21 Aug 2024 11:44
Official URL: https://doi.org/10.1093/oso/9780198898917.003.0011
URI: https://pure.jgu.edu.in/id/eprint/8317

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