Chapter title | Racism, (Neo)colonialism And International Law: A Field in Search of a Philosophy? |
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Authors | D'Souza, R. |
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Abstract | What is the relationship of international law to racism? This chapter address the question by examining the epistemological assumptions that underpin the question. It argues that an answer must clarify the philosophical premises of capitalist-colonial modernity as a knowledge system. Beginning with the paradoxes of law and race in everyday practices of policy makers in imperial states, the chapter maps Marxist and Critical Race Theory (CRT) approaches to racism and (neo)colonial law. It unpacks the methodological moves in CRT and Third World Approaches to International Law (TWAIL) in writing legal histories that include colonised and racialised peoples. The chapter anchors the histories of modernist ideas to the materiality of capitalism and colonialism which introduces the dualism of land and labour for the first time in human history and calls for liberating the question of the relationship of racism and (neo)colonialism to law by putting it on more solid philosophical foundations. |
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Keywords | Racism, neocolonialism, philsophy of international law, CRT, TWAIL, history of International Law, methodology in International Law |
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Book title | Emancipating International Law - Confronting the Violence of Racialised Boundaries. |
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Year | 2025 |
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Publisher | Oxford University Press |
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Place of publication | Oxford |
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