International Law

As a preliminary matter, based on the research that has been done so far to address the primary question as to whether there is an Asian approach to international law that is distinct from international law that was derived from the West, it is too early at this point to make a substantive conclusion that there is a unique perspective to international law that emanates from Asia.

The three issues that I discussed here apropos teaching and researching international law are part of much bigger problems in Asia and Africa: statehood, sovereignty, resource management, knowledge production, to name a few. I believe, more specific examples of how these persistent problems shape (and also fail to shape) teaching and researching international law in these regions will emerge in course of this symposium.

If we are to take decolonization of international legal studies seriously, the production of literature, the history of International Law and especially methods of analysis must be destabilized

As part of research, ILRSC introduced a booklet series on international law and Nepal in the beginning of 2020. The first booklet is on the significance of international law. Others are on Customary International Law, TWAIL, and Treaties. These are yet to be published. Student interns work as research assistants for these booklets. This is a small attempt to keep afloat the interest in PIL despite the paucity of resources.

Traditional international law (IL) teaching and research has reached an inflection point (TRILA Report, 24).  Content-wise it has long been monopolised by the usual suspects: sources of law, treaties, statehood, territory, jurisdiction and specific values such as universality and equality among states. The most conservative IL scholars will smirk at the thought of alternative ‘transnational’ or ‘Third World’ approaches to IL. To be fair to them, lawyers are fond of compartmentalising. We have those that do private law, public law, human rights, international economic law, law and development, business and human rights law, health law, dispute resolution law, to name a few. Yet as the current pandemic is showing this type of boxed thinking cannot provide the tools for meaningful teaching and research about today’s legal conundrums. We live in an uncertain world in which one issue can raise a myriad of legal problems that straddle multiple fields of law.

This short note has identified few concerns in the teaching and researching of international law from a systemic perspective as experienced within a Private Law School setting. It needs to be underlined here that these are based on personal experiences and it could differ from person to person and setting to setting. Addressing these issues would go a long way in terms of enabling the members of the international law teaching community to put their best legal foot forward.

In this discussion, I want to highlight and briefly discuss why research and expertise has to become an even more important feature of teaching and learning initiatives. This might sound uncontroversial, but in the past two decades, significant funding for Australian universities has come from international students’ fees. Arguably, the nexus between teaching and research during this time also shifted along with the availability of more funds for universities to invest in research as an important activity in and of itself. The university sector is potentially on a dangerous road if it does not establish a healthy approach to the teaching-research nexus.

It is high time that pedagogical, methodological, ethical, and sociological challenges of this nature are discussed and addressed if IL is to be assessed for what it is without plummeting into the depths of myriad situated perspectives, colonialism, linguistic barriers, paucity of resources, and sheer divisions within the academic world.

With this post I seek nothing more than prompt the reader to question their experiences, recount their anecdotes and challenge how the way we learned, and what and how we teach today. I invite you to take the chance of making a pause in the inertia that academic life entails, and become part of the discussion on how to transform our discipline to be better researchers and more effective teachers to the lawyers of the future. There is no excuse not to, the debate is alive and happening in fora, such as AfronomicsLaw, REDIAL and TRILA.

In this blog article, building on the findings of the TRILA Project Report, and using AfronomicsLaw blog as a case example, I focus on the role of academic blogging as one of the digital tools that has great potential in shaping scholarly development in international economic law in the Global South. The AfronomicsLaw blog, launched less than two years ago, has exponentially grown, and therefore this blog article provides scholars, legal practitioners, policy makers, law students and readers and followers of the blog in general with an opportunity to assess the benefits of academic blogging through its lens.