The assimilation of the “others” to public international law in the post-second world war period

Abstract

After the second world war, critical approaches to the development of public international law (PIL) began to emphasize the defining character of the “colonial encounter” and the repercussions of the Eurocentric origins of the discipline over its main categories. The UN trusteeship system, contrasting with the mandates system under the League of Nations, was accompanied by the acquisition of formal sovereignty by formerly colonized peoples. Fostered by third world approaches to international law (TWAIL), the newly independent countries joined ranks into pushing for reformulating key PIL categories. This essay, which is based on bibliographical research, aims at depicting aspects of the main third-world efforts for redefining PIL after the second world war, as well as the corresponding reactions to these endeavors. Third world countries advocated recognition of permanent sovereignty over natural resources and the structuring of a new international economic order. Such approach was countered by responses which were internal do PIL and articulated doctrines such as international responsibility, succession of States, sources of international law and acquired rights, which, taken together, sought to neutralize the intended transformations. There were also fragmentary responses, such as the emergence of international contract law (or international investment law) as opposed to PIL.