- Adithya Variath is an Assistant Professor of Law and Coordinator of the Centre for Research in Air and Space Law at Maharashtra National Law University Mumbai, India.edit
The old European agenda of 'civilizing mission' was based on a primordial presumption (or chiselled belief) that non-Europeans lack sovereignty because of non-Europeans instinctually being barbaric, violent, backward, uncivilized and... more
The old European agenda of 'civilizing mission' was based on a primordial presumption (or chiselled belief) that non-Europeans lack sovereignty because of non-Europeans instinctually being barbaric, violent, backward, uncivilized and incapable. A burden cast upon the 'white man' to civilise the global order, unethical propaganda developed to sanctify colonialism. With the establishment of the United Nations post World War II and the development of 'sovereign equality', it was believed that there would be a reclamation of lost civilizational values of the Third World. However, the functioning of international law even today remains under the whims of powerful elite clubs. This article sketches out a critical legal studies approach to unearthing how colonialism did not end but has merely changed its character. The article exposes how the Westphalian global governance system has proved incapable to ensure the egalitarian inclusion of the Third World in the functioning of international law.
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With the recognition of ‘nature’ as a property in law, it has been subjected to continuous exploitation and degradation. Ecocide is the systematic long-term destruction of the environment and other ecological species. Anthropocene has... more
With the recognition of ‘nature’ as a property in law, it has been subjected to continuous exploitation and degradation. Ecocide is the systematic long-term destruction of the environment and other ecological species. Anthropocene has created new geological epoch. The idea of justice as transcendental institutionalism has transposed the frame of reference to Anthropocene and ecological justice. However, with the development of society paralleled with catastrophes issues like climate change and species extinction, there is an evolving legal recognition that nature has rights. The affirmation of these intrinsic rights is consequential to both a sustainable environment and human rights. Protection of the environment is a human responsibility. There is a continuous call from various sections of the global order for a conceptual framework to codify ecocide as a fifth international crime against peace, dovetailing genocide, crimes of aggression, crimes against humanity, and war crimes. Th...
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No other subject of international legal theory and jurisprudence appears to interweave politics and law like the politico-legal decisions of recognition of States. It is the element of “recognition” that enables a States to engage as a... more
No other subject of international legal theory and jurisprudence appears to interweave politics and law like the politico-legal decisions of recognition of States. It is the element of “recognition” that enables a States to engage as a ‘recognized entity’ in legal relations with other States in the conduct of its foreign relations. This recognition of sovereignty grants legal sanctity to actions like the request for military support from other States, refusal of entry to foreign military forces in home State and rights like negotiation and conclusion of international agreements. Recognition is a denouement of the discretionary power of States. And what crystallizes into this discretion is the diplomatic prejudice and interests of States, including the changes in the domestic political system, the personal preferences of leaders or favouritism of political parties in the deciding state, the relations between the deciding state and the state in which the government has changed, the nature of the provincial subsystem, and the nature of global order. The history of international law has also witnessed decisions being concocted on the distribution of power and the level of ideological consensus between states. Purely political grounds for both recognition and non-recognition are criticized for being arbitrary and self-serving. Recognition as a long-standing legal institution has an important function of identifying major actors in the international system. This article focuses on how the legalized politics of the politicized decision of recognition of States has been maligned by the international community to infuse arbitrariness, uncertainty and instability into the international law regime. The author also attempts to structuralize legal concepts and declassify the power-oriented politics of “recognition” keeping the ne plus ultra of the procedural equity, rule of law and justice as its touchstone.
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Indian democracy is essentially dynamic. The changes may be gradual, but these changes indicate the democracy's desirability toward social transformation. In the neoliberal era that the world order is stepping in, natural law principles... more
Indian democracy is essentially dynamic. The changes may be gradual, but these changes indicate the democracy's desirability toward social transformation. In the neoliberal era that the world order is stepping in, natural law principles are playing a pervasive role in the realms of ethics, politics, governance, society, culture, and law. This article reappraises the natural law philosophy's role in the legitimisation of democratic principles and practices. A functioning democracy pins its hopes on the conscience of the society, not just for its sustenance but also for its development. The article reflects the post-structuralist approach of merging social movements to 'constitution-making' and the subaltern proposition to defend their worldviews and relative ideas. The article is an attempt to demarcate 'democracy as a progressive idea' from 'democracy as a theoretically operating idea.' The article focuses on three fundamental components of modern Indian democracy viz. transformative constitutionalism, inclusive justice, and good governance.
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This chapter analyses the Realist, Policy-oriented, liberal and Marxist approaches to international law. It then explores the new approaches to international law including the Critical approach and feminist approach. It also introduces... more
This chapter analyses the Realist, Policy-oriented, liberal and Marxist approaches to international law. It then explores the new approaches to international law including the Critical approach and feminist approach. It also introduces the reader to the Third World Approaches to International Law (TWAIL) and mentions the TWAIL thinkers and their works. The chapter also explores the colonialism in the context of approaches to international law. 5. The chapter briefly explores the evolving trends in the approaches through the Fourth World Approaches to International Law (FWAIL).
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This chapter introduces the reader to the evolutionary history of international law along with setting the history between the Orient and the Occident. It tackles the evolution of international law in the Orient debates in regard to... more
This chapter introduces the reader to the evolutionary history of international law along with setting the history between the Orient and the Occident. It tackles the evolution of international law in the Orient debates in regard to treaties, diplomatic relations and jus ad bellum in ancient civilisations Near East and others. It provides a deeper reflection on the underrepresented Orient in the history of international law. The chapter explores the Eurocentric origins of international law through the standard of civilisation debates. The Occident history is traced from the Peace of Augsburg, Grotius's influential works and the Peace of Westphalia.
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This chapter introduces the concept and need of public international law, with some of the definitions of international law. It contains a brief introduction to the nature of international law and touches upon the significance of... more
This chapter introduces the concept and need of public international law,
with some of the definitions of international law. It contains a brief introduction
to the nature of international law and touches upon the significance
of international politics in international law. It also introduces the reader to the commonalities and differences between
international and national legal systems. It discusses the issue of international
law in an unequal international society and reflects how the statecentric
approach affects the realms of international law. It further brings out an interesting case of Social Contract Theory in
International Law, whereby the need for international law is pressed with
the Social contractarian arguments. The chapter towards the end briefly outlines a comparative sketch between
public international law and private international law.
with some of the definitions of international law. It contains a brief introduction
to the nature of international law and touches upon the significance
of international politics in international law. It also introduces the reader to the commonalities and differences between
international and national legal systems. It discusses the issue of international
law in an unequal international society and reflects how the statecentric
approach affects the realms of international law. It further brings out an interesting case of Social Contract Theory in
International Law, whereby the need for international law is pressed with
the Social contractarian arguments. The chapter towards the end briefly outlines a comparative sketch between
public international law and private international law.