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This article examines the relationship between colonialism, capitalism, and violence in Sri Lanka through the combined lenses of international economic law (IEL) and transitional justice. We argue that colonialism instantiates vicious cycles in the histories of violence of ethno-racial capitalism through the creation of states with debts that can never be repaid. This system of ‘indebted impunity’ persists even under ‘new’ Southern sovereigns. We illustrate how IEL and transitional justice are co-constitutive in maintaining international law’s racial hierarchies, while pursuing the construction of racial hierarchies that precipitate ethno-racial capitalist formations, and violence, in Sri Lanka. We first attend to the emergence of international law with racial capitalism as a story of sustained violence, where offshoots like IEL and transitional justice remain tied to the foundational violence in ways that cannot be reformed away. The final section examines the colonial transformation of Sri Lanka, focusing on the British Empire’s role in configuring ethno-racial communities, to consider how IEL and transitional justice work together to maintain this cycle. We observe that indebted impunity persists as a structural condition even when the ‘white’ colonial masters have formally departed, and ‘brown’ differentially racialized compatriots become the ones in charge.
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This Special Issue emerges from the Third World Approaches to International Law (TWAIL) Cairo Conference in 2015 and addresses the conference theme, ‘On Praxis and the Intellectual’, by focusing on different aspects of the intellectual as a political actor. In introducing this Issue, we provide some background to the TWAIL network, movement, event, and publications; and delineate our own understandings of scholarly praxis as editors and conference organisers. Broadly, we understand praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation.
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This Special Issue emerges from the Third World Approaches to International Law (TWAIL) Cairo Conference in 2015 and addresses the conference theme, ‘On Praxis and the Intellectual’, by focusing on different aspects of the intellectual as a political actor. In introducing this Issue, we provide some background to the TWAIL network, movement, event, and publications; and delineate our own understandings of scholarly praxis as editors and conference organisers. Broadly, we understand praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation.
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Editors' introduction to Third World Approaches to International Law (TWAIL) special issue of the Windsor Yearbook of Access to Justice (Vol. 33:3, 2016) - Conspiring in Cairo & Canada: Placing TWAIL Scholarship and Praxis.
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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
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Our purpose in creating the TWAIL Review is to provide a space for critical scholars, mainly from the global South and their allies oriented to the South, to participate in the project of international law, to produce knowledge creatively through interdisciplinarity, and to push our discipline towards becoming more just, more radical, and more responsive to the collective challenges we face.
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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
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- Beverly Jacobs (3)
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- Jillian Rogin (1)
- Reem Bahdi (1)
- Sujith Xavier (9)
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