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Emancipating International Law: Confronting the Violence of Racialized Boundaries

Mohsen al Attar, Claire Smith
en Limba Engleză Hardback – 7 mai 2026
While mainstream international legal scholarship has long treated race as a peripheral concern-or a historic injustice to be remembered but not redressed-this volume argues that racialisation is foundational to the discipline, underpinning its doctrines, epistemes, and interlocutors. Emancipating International Law explores the many ways racial hierarchy, systemic oppression, and global white supremacy shape international law. Bringing together leading and emerging scholars, the collection moves beyond qualifying whether international law is racist to explore how racial hierarchies are embedded in its structures and continue to evolve through legal and institutional practice.Divided into five sections, the book begins by situating international law's racialised boundaries within its colonial, capitalist, and chauvinist afterlives, exposing how white ignorance and race-thinking underpin legal norms, from sovereignty to jus cogens. It then examines racial stratification across legal institutions, including investment law, refugee law, and the Genocide Convention. The third section extends this critique to human rights, revealing the ways in which even an emancipatory paradigm can bolster racial injustices. The penultimate section unpacks racial hierarchies in disparate societies, including Brazil, India, and Japan, as well as the frontiers of nation-states. The volume concludes with a powerful discussion of the role of activism and alternative epistemologies in racial justice struggles, and the limits of international law's capacity for anti-racist transformation.Aimed at scholars, practitioners, and students of international law, critical legal studies, and anti-colonial theory, this book advances an understanding of international law that is aimed at dismantling its racialised structures.This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
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Specificații

ISBN-13: 9780198935575
ISBN-10: 0198935579
Pagini: 528
Dimensiuni: 165 x 240 x 35 mm
Greutate: 0.93 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Notă biografică

Mohsen al Attar is a Reader in International Law, Head of the Department of International Relations, and Associate Dean at Xi'an Jiaotong-Liverpool University. His research explores the power dynamics inherent in international law and the potential for other universals to emerge. His previous appointments were at the University of Auckland, Queen's University Belfast, Warwick University, and University College London.Claire Smith is an international lawyer specialising in accountability for gross violations of human rights and international crimes. She is a PhD candidate at the University of Amsterdam researching the role of actors in the epistemological construction of victim participation at the International Criminal Court. She obtained her LLM (with distinction) from the University of Essex and a Bachelor of Laws from the University of Otago.

Cuprins

  • Beyond Silence: Confronting Racial Hierarchies in International Law
  • Part I. Situating International Law's Racism Problem
  • 1: Mohsen al Attar: The Racialized Epistemology of International Law: From White Ignorance to Black Dignity
  • 2: Folúkẹ¿and Ifejola Adébísí: Disrupting International Law's Colonial Afterlives of Human Property: Educating for a World Beyond Racial Capitalism and Unending Apartheids
  • 3: Jason Haynes: Racialized Extractivism: A Tale of Fetishism, Narcissism, Primitive Accumulation, and Expropriation
  • 4: Harrison Otieno Mbori: The Inequalities of Sovereign Equality
  • 5: Sarah Riley Case and Frédéric Mégret: The Colour of Jus Cogens
  • Part II. The Tools, Techniques, and Technologies of Legalized Racial Inequality
  • 6: Shahab Saqib: Race as Citizenship Personified: Illuminating the Ghosts of Racial Discrimination in International Law
  • 7: Dimitrios A Kourtis: A Racialized Existence: Lessons from Palestine and the Genocide Convention
  • 8: Faisal al-Asaad: Settler Colonialism, Race, and International Law: Lessons from the Frontier
  • 9: Jinan Bastaki: Survive the Journey Only to Succumb to International Refugee Law
  • 10: Nciko wa Nciko: How the UN Guiding Principles on Internal Displacement Fail Climate and Racial Justice: Time for the Kampala Convention?
  • Part III. A Right to be Free From Racism
  • 11: Raghavi Viswanath: The Intersection of Race and Economic, Social, and Cultural Rights
  • 12: Tess Sheldon, Ruby Dhand, and Roxanne Mykitiuk: Racialized Ableism and the Need for Intersectional Discourse and Action
  • 13: Paulina Jimenez Fregoso: De-essentializing Race: Intersectionality as a Feminist Approach in International Human Rights Law
  • 14: Karla Schröter: Colonial Fantasies in the European Court of Human Rights
  • Part IV. Antiracism in the Pluriverse
  • 15: Suraj Girijashanker: Indian Approaches to Racism and Related Forms of Subordination under International Law: A Question of Interest Convergence
  • 16: Saul Takahashi: Japan: International Law as the Outward Looking Weapon
  • 17: Henrique Weil Afonso: Decolonial Fissures: Looking from and Beyond Brazil's Colour Lines
  • 18: Yang Han: Norm Entrepreneurship at the UN: Addressing Racial Equality Across Borders and the South-North Divide
  • Part V. Taking the Struggle(s) Forward
  • 19: Darryl Li: From Captives to Enslaved: International Law and the Making of the (Non)Human
  • 20: Kamya Vishwanath: Bodies of Knowledge: Re-framing Emancipation in International Law through Dalit Praxis
  • 21: Radha D'Souza: Racism, (Neo)Colonialism, and International Law: A Field in Search of a Philosophy?
  • 22: E Tendayi Achiume, Asl¿Ü Bâli, and S Priya Morley: Conceptualizing Race and Resisting Racism in International Law
  • 23: Claire Smith: Unburdening White Women: Antiracist Feminist Praxis as Revolution
  • 24: Dylan Asafo: The Slow and Benevolent Violence of International Law: An Oceanian Perspective