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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 – DUE September 2025; 100% CORRECT AND TRUSTED SOLUTIONS

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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 – DUE September 2025; 100% CORRECT AND TRUSTED SOLUTIONS

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,LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 – DUE
September 2025; 100% CORRECT AND TRUSTED SOLUTIONS

SECTION A: Third World Approaches to International Law (TWAIL)

1. Short Answer Questions
Following a conference on decolonising international law, your line manager, a
senior legal advisor, informs you that the TWAIL movement enjoyed a great deal
of attention. He asks you to provide responses to the following questions, which
will form part of his report:

1. What does the acronym TWAIL stand for? (4)



TWAIL stands for Third World Approaches to International Law.

This acronym refers to a critical legal movement and scholarly approach that
challenges the dominant Eurocentric perspectives in international law. It brings
attention to the historical and ongoing marginalisation of the Global South
(referred to as the "Third World") in the formation, interpretation, and application
of international legal norms. TWAIL scholars focus on how international law has
been complicit in the colonial and neo-colonial subjugation of formerly colonised
and developing states.



2. What informed the development of the TWAIL movement? (5)



The TWAIL movement emerged in response to the colonial origins and enduring
imperialist biases within international law. Several historical and intellectual
developments informed its rise:

 Colonial history of international law: TWAIL scholars argue that modern
international law was developed alongside and to justify European colonial
expansion, which led to the legal exclusion and subordination of non-
European societies.
 Postcolonial disillusionment: After the formal end of colonial rule, many
Third World states became disappointed with the international legal system,

, which continued to serve the interests of powerful Western states,
reinforcing economic and political inequalities through institutions such as
the World Bank, IMF, and WTO.
 Failure of the promise of sovereign equality: Despite being formally
recognised as sovereign equals, developing countries often found themselves
without real power or influence in global legal and political structures.
 Critical legal scholarship: Influenced by critical legal studies (CLS) and
postcolonial theory, TWAIL emerged as an academic response, particularly
from scholars from the Global South, such as B.S. Chimni, Makau Mutua,
and Antony Anghie.
 Resistance to global neoliberalism: The rise of global neoliberal economic
policies in the late 20th century also galvanized TWAIL scholars to critique
how international economic law perpetuates dependency and inequality.



3. What are the objectives of TWAIL? (6)

The Third World Approaches to International Law (TWAIL) movement is
guided by the following key objectives:

1. Expose and challenge imperial legacies in international law: TWAIL seeks
to critically analyse how colonialism shaped international law and how those
structures continue to marginalise the Global South.
2. Re-centre the experiences and voices of Third World peoples: One of
TWAIL’s main aims is to ensure that the perspectives, histories, and needs
of formerly colonised and economically disadvantaged states are reflected in
the theory and practice of international law.
3. Promote a more equitable and inclusive international legal system:
TWAIL advocates for reforms in global governance and legal structures that
promote justice, fairness, and equal participation for all states, not just
powerful ones.
4. Empower resistance and agency in the Global South: The movement
encourages developing countries and their scholars to assert agency, resist
domination, and reshape international norms in their interests.
5. Bridge the gap between theory and activism: TWAIL emphasizes the
importance of aligning legal scholarship with the struggles of marginalized
peoples by supporting movements for social, political, and economic justice.

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