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36 Stud. Transnat'l Legal Pol'y 185 (2004)
Third World Approaches to International Law and Individual Responsibility in Internal Conflict

handle is hein.journals/stdtlp36 and id is 197 raw text is: THIRD WORLD APPROACHES TO INTERNATIONAL LAW AND INDIVIDUAL RESPONSIBILITY IN INTERNAL CONFLICT Antony Anghie and B. S. Chimni I. INTRODUCTION When the American Journal of International Law published a Symposium on Method in 1999, Third World Approaches to Inter- national Law (TWAIL) was omitted.' TWAIL is not a method if by method we simply refer to a means of determining what the law is. But it is certainly as much a method as feminism, critical legal studies (CLS), international relations/international law (IR/IL), and even legal process. As the authors presenting each of these perspectives make clear, these are not methods in a traditional sense, but they are distinctive ways of thinking about what interna- tional law is and should be; they involve the formulation of a particular set of concerns and the analytic tools with which to explore them. In attempting to describe and apply TWAIL' in the following pages, we are acutely aware that we cannot speak for the entire community of Third World international law scholars: we present only one version of this tradition, and other TWAIL schol- ars may very well disagree with the positions we outline here.3 'Symposium, Method in International Law, 93 AJIL 291 (1999); Correspondence, 94 AJIL 99, 100-01 (2000). 2 We also assume that the term Third World has meaning and denotes a unity that transcends the enormous diversity that marks it. For various other accounts, over a period of many years, of what might be termed TWAIL, see, e.g., R. P. ANAND, NEW STATES AND INTERNATIONAL LAW (1972); TASLIM 0. ELIAS, NEW HORIZONS IN INTERNATIONAL LAW (Francis M. Ssekandi ed., 2d rev. ed. 1992) (1979); THIRD W ORLDATITUDES TO INTERNATIONAL LAW: AN INTRODUCTION (Frederick E. Snyder & Surakiart Sathirathai eds., 1987); Christopher Weeramantry & Nathaniel Berman, The Grotius Lecture Series, 14 AM. U. INT'L. L. REv. 1515 (1999); Makau Mutua, What is TWAIL?, 94 ASIL PROC. 31 (2000); James Thuo Gathii, International Law and Eurocentricity, 9 EUR.J. INT'L L. 184 (1998); Karin Mickelson, Rhetoric and Rage: Third World Voices in International Legal Discourse, 16 Wis. INT'L L.J. 353 (1998). 3 Further, for the reasons cited by Charlesworth, we too have mixed feelings about participating as Third World voices and not just plain international lawyers. Charlesworth, supra this volume, at 159.