1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

How do transnational ideas such as human rights approaches to violence against women become meaningful in local social settings? How do they move across the gap between a cosmopolitan awareness of human rights and local sociocultural understandings of gender and family? Intermediaries such as community leaders, nongovernmental organization participants, and social movement activists play a critical role in translating ideas from the global arena down and from local arenas up. These are people who understand both the worlds of transnational human rights and local cultural practices and who can look both ways. They are powerful in that they serve as knowledge brokers between culturally distinct social worlds, but they are also vulnerable to manipulation and subversion by states and communities. In this article, I theorize the process of translation and argue that anthropological analysis of translators helps to explain how human rights ideas and interventions circulate around the world and transform social life.

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Transnational Human Rights and Local Activism: Mapping the Middle

Acknowledgements Table of cases Table of treaties Introduction 1. Francisco de Vitoria and the colonial origins of international law (i) Introduction (ii) Vitoria and the problem of universal law (iii) War, sovereignty and the transformation of the Indian (iv) Conclusion 2. Finding the peripheries: colonialism in nineteenth-century international law (i) Introduction (ii) Elements of positivist jurisprudence (iii) Defining and excluding the uncivilized (iv) Native personality and managing the colonial encounter (v) Reconceptualizing sovereignty 3. Colonialism and the birth of international institutions: the mandate of the League of Nations (i) Introduction (ii) Creation of the mandate system (iii) The league of nations and the new international law (iv) The mandate system and colonial problems (v) The mandate system and the construction of the non-European state (vi) Government, sovereignty, and economy (vii) The mandate and the discussion of sovereignty (viii) The legacies of the mandate system: toward the present (ix) Conclusion 4. Sovereignty and the post-colonial state (i) Introduction (ii) Decolonization and the universality of international law (iii) Development, nationalism and the post-colonial state (iv) Development and the reform of international law (v) Permanent sovereignty over natural resource and the new international economic order (vi) The 1962 resolution on PSNR (vii) The 1974 charter of rights and duties among states (viii) Colonialism and the emergence of transnational law (ix) Sources of law and international contracts (x) Overview and conclusions 5. Governance and globalization, civilization and commerce (i) Introduction (ii) Good governance and the third world (iii) Governance, human rights and the universal (iv) International financial institutions, human rights and good governance (v) International financial institutions and the mandate system (vi) Conclusions and overview 6. On making war on the terrorists: imperialism as self-defense (i) Introduction (ii) The war against terrorism (WAT) (iii) The United States and imperial democracy (iv) Historical origins: war, conquest and self-defense (v) Terrorism and the United Nations: a Victorian moment (vi) Terrorism, self-defense and third world sovereignty Conclusion.

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Imperialism, sovereignty, and the making of international law

The rise of 'the rest' : Challenges to the west from late-industrializing economies.

Taking Rights Seriously.

Abbreviations Preface and acknowledgements Introduction Part I. International Law, Development and Third World Resistance: 1. Writing Third World resistance into international law 2. International law and the development encounter Part II. International Law, Third World Resistance and the Institutionalization of Development: the Invention of the Apparatus: 3. Laying the groundwork: the Mandate system 4. Radicalizing institutions and/or institutionalizing radicalism? UNCTAD and the NIEO debate 5. From resistance to renewal: Bretton Woods institutions and the emergence of the 'new' development agenda 6. Completing a full circle: democracy and the discontent of development Part III. Decolonizing Resistance: Human Rights and the Challenge of Social Movements: 7. Human rights and the Third World: constituting the discourse of resistance 8. Recoding resistance: social movements and the challenge to international law 9. Markets, gender and identity: a case study of the Working Women's Forum as a social movement Part IV. Epilogue References Index.

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

The very meaning of the term "Third World" has become disarticulated, with corresponding changes to the politics and structure of international law. At stake is the question: is international law of any use to the Third World, and if it could be so, how must one rethink it? This article argues that there is now a distinction between hegemonic and counter-hegemonic international law, and that the future of international law and the Third World are intricately intertwined in contributing to a counter-hegemonic international law. But, in order to achieve this goal, the past strategies of Third World engagement through international law, for example through the discourses of human rights and development, need to be seriously rethought. The article offers a critical analysis of the hegemonic nature of human rights and development discourses in contemporary international law.

Counter-Hegemonic International Law: Rethinking Human Rights and Development as a Third World Strategy

The very meaning of the term ‘Third World’ has become disarticulated, with corresponding changes to the politics and structure of international law. At stake is the question: is international law of any use to the Third World, and if it could be so, how must one rethink it? This article argues that there is now a distinction between hegemonic and counter-hegemonic international law, and that the future of international law and the Third World are intricately intertwined in contributing to a counter-hegemonic international law. But, in order to achieve this goal, the past strategies of Third World engagement through international law, for example through the discourses of human rights and development, need to be seriously rethought. The article offers a critical analysis of the hegemonic nature of human rights and development discourses in contemporary international law.

Counter-hegemonic International Law: rethinking human rights and development as a Third World strategy

One of the most significant aspects of 20th century international law is its institutionalization, through international courts and bureaucracies, from international economic law to human rights law In this article, I attempt to examine a very specific instance of recent international institutional expansion, from roughly late-1960s to 1990s, to see what factors propelled their expansion This instance relates to the Bretton Woods Institutions (BWIs), including the World Bank and the International Monetary Fund (IMF) By examining these institutional expansions, I hope to raise some fundamental questions about how international institutional change is explained within the discipline of international law, and whether such explanations take the 'local' seriously as an agent of change It is my argument in this article that the expansion and the renewal of international institutions can not be understood in isolation from Third World resistance Indeed, I claim that social movements from the Third World in areas ranging from peasant rebellions, environmental movements to human rights movements, have propelled the expansion of international institutions since the late 1960s In other words, the very architecture of contemporary international law has been constituted by its continuous evocation of and interaction with the category 'Third World' which has included not only states, but also these social movements In putting forth this claim, this article departs in a number of significant ways from extant analyses of international institutions I also intend my attempt to introduce the notion of social movements in international law, as a first step in articulating some ways of rethinking the place of the 'Third World' in international law

From Resistance to Renewal: The Third World, Social Movements and The Expansion Of International Institutions

One of the most significant aspects of 20th century international law is its institutionalization, through international courts and bureaucracies, from international economic law to human rights law. In this article, I attempt to examine a very specific instance of recent international institutional expansion, from roughly late-1960s to 1990s, to see what factors propelled their expansion. This instance relates to the Bretton Woods Institutions (BWIs), including the World Bank and the International Monetary Fund (IMF). By examining these institutional expansions, I hope to raise some fundamental questions about how international institutional change is explained within the discipline of international law, and whether such explanations take the 'local' seriously as an agent of change. It is my argument in this article that the expansion and the renewal of international institutions can not be understood in isolation from Third World resistance. Indeed, I claim that social movements from the Third World in areas ranging from peasant rebellions, environmental movements to human rights movements, have propelled the expansion of international institutions since the late 1960s. In other words, the very architecture of contemporary international law has been constituted by its continuous evocation of and interaction with the category 'Third World' which has included not only states, but also these social movements. In putting forth this claim, this article departs in a number of significant ways from extant analyses of international institutions. I also intend my attempt to introduce the notion of social movements in international law, as a first step in articulating some ways of rethinking the place of the 'Third World' in international law.

Balakrishnan Rajagopal

Papers

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

Counter-Hegemonic International Law: Rethinking Human Rights and Development as a Third World Strategy

Counter-hegemonic International Law: rethinking human rights and development as a Third World strategy

From Resistance to Renewal: The Third World, Social Movements and The Expansion Of International Institutions

From Resistance to Renewal: The Third World, Social Movements, and the Expansion of International Institutions