Critically discuss the contributions of the Third World Approaches to International Law (TWAIL) movement to international legal scholarship

Type :

Term papers

Pages :

6 pages

Format :

.doc

Published date :

05/13/2009

Category :

Law & contracts

Sub category :

International law

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Summary :

Introduction
The three objectives of TWAIL
The influence of TWAIL
Contributions of TWAIL
The central issue of the TWAIL scholars
The real impact of TWAIL actions
Criticisms against TWAIL
Conclusion
Bibliography

Abstract

After the world War II and its atrocities, a new international institution, the United Nations (UN) was created in 1945 to focus on the new challenges faced by the international community. One of the major challenges was the wave of decolonization which started between the two world wars. It was particularly difficult and painful for the two states, the colonial state and the colonizer state. international law and more precisely the UN charter were requested by the post-colonial States to justify their anti-colonial struggle and their right to self-determination.

These new independent States, most of time grouped under the label third world, tried through the project of "Nation Building" to "catch up with the West" . This means that during the second part of the 20th century, the third world was doing everything to become a strong State with its own kingly prerogatives, and to narrow the gap between the North, i.e. the United States and Europe and the South equivalent to the third world. By the end of the 1980's, some scholars coming from the third world proposed a critical approach to the grounds of the international law, saying that international law was firmly grounded in its colonial origins. Indeed, international law brought justifications for invasion and colonization by the Europeans. Now that the process of decolonization came to an end, at least in theory, it is time to rethink the foundations of international law.