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Contents:
  1. International Law from Below : Balakrishnan Rajagopal :
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  3. International Law from Below: Development, Social Movements and Third World Resistance
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Search this Guide Search. Subjects: Law , Law - International Law. The Soviet union and international law : a study based on the legislation, treaties and foreign relations of the Union of socialist soviet republics by Taracouzio, T. Timothy Andrew , Call Number: Internat T Call Number: Internat L The Soviet socialist theory of international law by Ramundo, Bernard A.

Call Number: Internat R Soviet public international law : doctrines and diplomatic practice. Call Number: Internat Gc. Russia and the law of nations in historical perspective : collected essays by Butler, William Elliott, Call Number: Russia Bq. Call Number: Internat J Call Number: Internat P Coming from a national to an international perspective, it is important to point that areas of influence are not exercised only within States, but also between States. Usually, the powerful countries influence the weakest ones due to their greater bargaining power in the international scene, enabling decision-making by consensus.

In this context, the ideological struggle is positive, because when men stop to dream and to seek a better quality of life, living loses it meaning and becomes survival. The problem arose when these legitimate and positive struggles overcame the limits of what was acceptable within a society and began to affect other people completely unrelated to them. The belief that struggling emancipates people in a personal and collective way was first brought by Maquiavel , p.

But the war and its organization and discipline. Over the years, the absence of dialogue and fundamentalism intensified conflicts and caused the growth of terrorist organizations that do not care about their victims, as it could be seen after some executions of the Islamic State in Iraq and Syria ISIS , with the purpose of beating political targets. This event, according to, has created an abstract, confused and hard to determine enemy for internal and for international public opinions - controversial response. However, in a fair and socially balanced society, it is needed conciliation of different interests that allows a pacification of social conflicts to achieve a stage of peace, one of the principles of the Federative Republic of Brazil in International Relations - 4th article of its Constitution BRASIL, , w.

The confused enemy is one result of multifaceted Terrorism. Rezende highlights it as a historical phenomenon, marked, initially, by the State use of force with no limits instead of guaranteeing the security of its population. Indeed, Rezende affirms that groups that question the legitimacy of a national authority or its independence based on cultural aspects cannot be considered terrorists, but guerrillas, separatist movements or insurgents, even though they use violence as an instrument. In this way, the author considers situations in which violent practices aimed at reaching a political target are not considered as Terrorism.

Galindo points one of these practices of national authority defense based on cultural aspects that are not Terrorism, but a theoretical and academic movement: the Third World Approaches to International Law TWAIL. In communication, Gathii suggests that TWAIL arose from a group of graduate students at Harvard University who highlighted new challenges and models for International Law marked by criticisms of formalism, of neoliberal policies and of sovereignty that gravitated around international jurisdiction. In addition, Gathii debates the paradoxical aspect of International Law because, while guaranteeing sovereignty, equality and self-determination, it bears imperialistic and colonial influences providing little participation to Third World countries.

Galindo affirms that the movement was influenced by post-colonialist studies — marking historical facts of decolonization and sovereignty conquest, as well as new imperialist context of economic and political domination. TWAIL was marked by three phases. Among them, the first one brought by Mutua , p. To achieve this goal, Mutua shows the desire to construct and to present an alternative legal system to international governance in order to eradicate underdevelopment conditions in Third World. Gathii argues that the aim of TWAIL is to challenge International Law offering participation to Third World countries in the international scene; and to criticize policies of marginalization and domination without hierarchy.

In this sense, TWAIL is an encounter of academics that converged on the need to include these countries in the international arena. In the first phase, according to Galindo , colonial international law that subjugated the oppression suffered by Third World populations was discussed.

The result of this phase came to a conclusion that non-European people tried to identify themselves with international jurisdiction, demonstrating ideas of cooperation and emancipation using norms of International Law in their favor. In addition, Galindo emphasizes incompleteness of the priority given to the principles of sovereignty, equality among States and noninterventionism to guarantee the independence of these countries.

The focus was the Nation-State and how the most powerful countries used International Law to maintain their hegemonies.

International Law from Below : Balakrishnan Rajagopal :

On the other hand, the second phase of TWAIL, according to Galindo , began in , disregarding the centrality of State and of sovereignty. At that time, emphasis was given to violence within the post-colonial States and to the consequent importance of their internal actors, situation that contributed to the growth of terrorist attacks. Galindo states, at this stage, the questioning of the International Institutions role, because: 1 their agendas produced domination over internal state actors; and 2 colonialism was recognized as one source of International Law, a paradox that still exists today in the immigration policies of countries like the United States and France - comprehension that foreigners are people who need to be taught culturally and behavioral in order to be part of their societies.

Finally, Galindo concludes the second phase describing its interdisciplinary character - maintenance of civilizing ideals even in proposals that seem to be humanitarian, such as good governance, Human Rights and Democracy.

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The marginalized groups and the treatment over them played by International Institutions to maintain social hierarchies were discussed, highlighting the collapse of international organizations ability to deal with minorities and Terrorism. Related to the topic, Gathii argues that liberal models usually allows questions on authoritarian governments by the attribution of civil and social rights, but this does not promote a profound governmental reform.

The policy of interests exchange also rules International Law, creating a certain kind of immunity to authoritarian and totalitarian governments after fulfilling International Law Agenda. According to Galindo , it brought back the State centrality, as well as its relations with Terrorism regarding the combat or the support given to it. One criticism highlighted by the author that has shown the disregard of Third World countries was the fact that it was given attention to rewriting norms of International Law to legalize the legitimate preventive defense using force only after the explosion of airplanes in one of the most powerful nations, even if Third World countries have been dealing with Terrorism for much longer.

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However, there is no evidence of the previous assertion because dominating relations can be externalized in different ways and may have different levels of intensity. Due to this dynamism, new relations can lead to new paradigms that keep the importance of previous ones. The opening for movement changes is extremely important to keep its proximity with the object of analysis.

Indeed, Alvarez attributes a nihilistic character to the TWAIL movement due to the absence of a propositional model. The author affirms that it does not have a positive Agenda to reform International Law norms. This would fade the emancipatory character of international jurisdiction, making other resistance possibilities - like Terrorism — be seen as more successful to confront imperialist power. Alvarez , in spite of the criticism added to his comments, recognizes that colonial patterns of thought continue to structure primordial concepts of International Law; that racism and conceptions of cultural superiority continue to weaken the contributions of non-European people; that the economic and commercial concept of class remains central to understanding legal regimes; and that contemporary forms of globalization have taken geographic notions of imperialism and hegemony into forms of collaboration, all theoretical arguments of TWAIL movement.

Gathii , in opposition, argues that TWAIL has an Agenda of transformation for International Law coming a language of oppression to a language of emancipation that reflects Third World struggles, guaranteeing global justice. In addition, Alvarez highlights the incorporation of minorities and subaltern groups of developed countries to the theory of TWAIL. It would be disrespectful to ignore oppression suffered by these people after an analysis of the Nation-State with no regard to their internal structures. On the other hand, there are also powerful elites in Third World countries that are part of the Dominant cosmopolitan class and that do not suffer oppression at all.

However, Gathii emphasizes International Law reform defended by TWAIL not necessarily through the use of power by countries, because it can generate more negative externalities than the benefits in a short term period, as it was perceived during the colonization process. This statement, however, does not put the use of force totally apart. The TWAIL opening rhetoric regarding the use of force when necessary is very dangerous and does not show a clear position of it related to Terrorism.

The necessity analysis runs through subjective elements, which are also taken into account, for example, when a terrorist attack is planned. On the view of Terror agents, the act is necessary in order to achieve some objective that would not be possible using peaceful instruments.

If the use of force is accepted, it would be a contradiction to stand against it when small groups made use of force mainly because, according to TWAIL, these cells are subjugated by the International Order. If powerful nations would be able to use it when necessary, sometimes with obscure or undeclared interests, the same statement should be applied for weaker actors. It is not understandable to demand demilitarization and peace in a global society marked by arms race and the sense of latent war.

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International Law from Below: Development, Social Movements and Third World Resistance

Thus, the use of force should be avoided, whether at the national or international levels. Almost in response to the previous discussion, Gramsci offers a peaceful solution: the passive revolution. It would be effective through an efficient and interpersonal way of articulation between groups when it was not possible to directly address the regime using force.

For a better understanding, Gramsci brings the difference between war of movement and war of position.

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On the first, victory would initially appear at the civil society and only later at the State level; whereas the second points a frontal attack against institutions of hegemony to guarantee control over them. In this sense, terrorist attacks would be linked to the idea of war of movement, while acting in Non-Governmental Organizations NGOs would be driven by passive revolution and war of position.


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Rezende places Terrorism as a probable result of globalization — it denotes cultural, ideological, political differences and social exclusion people who faces prejudice and disrespect feel like they were less important. This feeling is common, especially in the Western world, where there are seen manifestations of prejudice against Islamic, Jewish and Black people.

Sometimes, the social issue makes Terrorism urge as a way to be respected and to impose ideas on a world-wide level. If not, at least it makes these groups feared, conferring a certain status to them. In that direction, globalization puts territories closer and facilitates interconnections among countries to increase trade relations, at the same time that brings a negative effect of competition and domination at a global level.

Quijano states globalization as the completeness of American domination process and of modern world capitalism, reaching world hegemony after spreading the Eurocentric vision. Thus, Quijano advocates the creation of a concept for race as a way of exercising control and domination, building structural and social differences among different social categories. In this way, globalization would be the culmination of an oppressive and disrespectful process towards marginalized populations. Having a different vision on the topic, Escobar brings the discussion about globalization to a different level — the stage of globalization.

The possibility raised by the developmentalist movement argues that globalization is the last stage of capitalism. The antagonistic possibility treats globalization as the beginning of a new system. Escobar says that, if the first possibility is correct, legitimacy through international law confirms the oppressive character guided by it.

A breakthrough approach to overcome the oppressive character of International Law was pointed by Eslava et al. Its importance was mainly related to the union of formalism and subversion, bringing a theme that was previously treated in the margins of the Official Political Agenda to the international political scene. However, Galindo considers the negative point of the movement from Bandung in the term Third Worldism — it promotes an homogenous character to the Global South that ignores the marginalized populations of the developed countries.

According to him, the Southern states suffered differently from colonialism and postcolonial relations, having diverse structures that cannot be fought by a single Universalist front.