The aim of this course is to study some of the foundational doctrines of contemporary international law, while also equipping oneself with the tools to critique and question these foundational doctrines. While expounding upon some of the foundational doctrines and facets of international law such as (1) Sources (2) Sovereignty (3) Law of Treaties (4) State Responsibility (5) Jurisdiction (6) International Organisations (7) Use of Force (8) International Humanitarian Law and (9) International Criminal Law, this course also critically examines the complex and reciprocal relationship between international law and empire. It explores how empire was instrumental in the making of international law, shaping its foundational doctrines, institutions, and practices. Conversely, it also interrogates how international law itself became a powerful tool in the making and maintenance of empire, facilitating processes of domination, extraction, and governance across the globe. Drawing on critical perspectives—especially those advanced by Third World Approaches to International Law (TWAIL) - the course challenges students to question conventional narratives and dominant frameworks. Through engagement with TWAIL scholarship and other critical schools, students will analyse the extent to which international law continues to serve imperial interests and consider the question : Is international law, by itself, now an empire?
Aditya SHARMA
Séminaire
English
Autumn 2025-2026
Students will be required to, in groups (of 2 to 3), briefly present (15 minutes, maximum, without PowerPoint) their reaction to the principal readings of the sessions (except for Session 1). – 40%
An essay of 1500 words (maximum) engaging critically with the themes discussed in the class. Details on the exact topic of the essay will be provided to the students after Session 10. – 50%
Class Participation – 10%
Rose Cecily et al., AN INTRODUCTION TO PUBLIC INTERNATIONAL LAW (2022).
James Thuo Gathii, The Promise of International Law: A Third World View, 36 American University International Law Review (2021), https://digitalcommons.wcl.american.edu/auilr/vol36/iss3/1
Antony Anghie, LatCrit and Twail LatCrit XVI Symposium - Global Justice: Theories, Histories, Futures: Global Injustice, Past and Future: Examples from Arab Uprisings, International Law, and Torture, 42 Cal. W. Int'l L.J. 311 (2011).
B S Chimni, The Articles on State Responsibility and the Guiding Principles of Shared Responsibility: A TWAIL Perspective, 31 European Journal of International Law 1211 (2020).
B. S. Chimni, Is There an Asian Approach to International Law?: Questions, Theses and Reflections, in Asian Yearbook of International Law, Volume 14 (2008) 249 (B.S. Chimni, Miyoshi Masahiro, & Thio Li-ann eds., 2011), https://www.jstor.org/stable/10.116