Methodology

Efforts to decolonize international law to make it more universal and inclusive have been underway for some time, with varying degrees of success. One prominent approach in this pursuit is Third World Approaches to International Law (TWAIL), which seeks to challenge and rethink international law from perspectives that center the experiences and histories of the Global South. However, TWAIL does not prescribe a specific methodology, allowing scholars flexibility in their approaches but sometimes making it challenging to delineate clear tenets that define TWAIL as a coherent scholarly tradition. In the context of developing cohesive methodologies for this discipline, "Third World" scholars have made great efforts to refine and implement a more inclusive framework. This Insight presents some progress achieved while highlighting the challenges encountered in different areas of international law across regions like Asia, Latin America, and Africa, where scholars have embraced TWAIL to reframe and advance the teaching of international law.

The Transnational Association of Legal Scholars (TALS) is a group of legal scholars experienced in research and supervision and interested in the conduct and method of research in law.

Over the past few decades, the term ‘resource curse’ has entered the policy domain and has been used to describe how countries in Africa, and the Global South more generally, which are endowed with natural wealth, are unable to develop and cannot avoid declining into violent conflict. In the collective imaginary, wars in different African countries, such as Angola, Sierra Leone, Ivory Coast, and Liberia have been associated with brutal conflict waged by rebels driven by the lust for 'blood diamonds.'

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

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.

The Max Planck Institute for Comparative and International Private Law (Hamburg) and the University of the Witwatersrand School of Law will host a one-day workshop on decolonial comparative law on 6 October 2020 at the University of Witwatersrand (Johannesburg).