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Third World Approaches to International Law
Zehra Kazmi
Introduction to Globalization Midterm: TWAIL
October 27, 2023
2
The Third World Approaches to International Law, better known as
TWAIL
, is a
movement that recognizes and criticizes the idea of a “third world”. The idea that non-European
countries are underdeveloped and not up to par with the west, has been perpetuated and
globalized over time, by world hegemons and colonizer states. What is not taken into account is
the is that the “process of globalization has had a deleterious effect on the welfare of third world
peoples” (B.S. Chimni 3)
1
. Globalization is a process that essentially benefits the elites by any
means necessary. Essentially, if the interests of the hegemons do not align with these “third
world” countries, then they are at risk of being collateral damage.
The issue that many individuals have is the utilization of the phrase “third world” in itself.
By definition, the third world refers to areas with political, economic, and social instability. What
is not considered is the reason these regions are stricken with the issues mentioned. In a world
where the powerful states are obsessed with colonialism and expanding their reach, Asian and
African countries have fallen prey to their resources being stripped and their governments being
dismantled. The global order is pushing for a type of western assimilation in alignment with
democratic governments and more liberalized ideals of life. This is a direct clash with different
cultures like those of the Asian and African countries.
My own heritage is proof of this as a Pakistani. India was colonized like many other states
and the settler-colonials created hostility between religious groups that had lived in peace for
centuries. By using the small rifts and issues that naturally occurred to their advantage they split
1
See Chimni. “Third World Approaches to International Law: A Manifesto.”
International
Community Law Review
8, no. 1 (2006): 3–27.
https://doi.org/10.1163/187197306779173220.
3
the very large Indian subcontinent into multiple parts. By creating conflict western countries
ensure that non-Europeans do not manage to gain strength, because there is power in numbers.
“Critique is not the only weapon that hegemonic States deploy against the unity of the third
world” (6). In 1955 colonial territories met with one another to create a coalition without the
attendance of any world power or hegemons, and this was not taken lightly
2
. “Is it just accidental
that a year later, France, Britain, and Israel…” overthrew four political leaders in around the same
time period (6). This further asserts that political leaders of the west care for their own interests,
and anyone that may stand in their way will be treated accordingly.
Some of the key understandings of the international legal and political order of TWAIL is
that Globalization is not something all states participate in, “it is greatly facilitated by the actions
of [dominant] states” (7). However, it is important for these dominant states to utilize legal means
to defend their actions against formerly colonized states. Historically, we see that the international
legal system is constantly evolving to fit the ideas of the countries with the most power. The issue
now is that international law has become synonymous with democracy, but what about the states
that do not follow this idea. What about theocracies, which are found in the Middle East, Asia,
and Africa. The west is actively trying to dismantle any systems that they do not approve, and
they do this by using their allies.
2
In 1955 an Asian African Conference was held in Bandung in Indonesia. "The importance
of
Bandung
was that for the first time
a
group
of
former colonial territories [29 States attended] had met together with-
out any
of
the European powers, and all those taking part
...
this was an assertion
of
their independence."
See
P. Willets, The Non-Aligned Movement: Origins
of
a Third World Alliance 3 (1978). Later came the
non-aligned movement which had its roots in Bandung.
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