Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

Significance of international law in legal research: A Third World approach to the transferability of international legal standards to domestic contexts

Authors: W. Seneviratne; K. A. A. N. Thilakarathna;

Significance of international law in legal research: A Third World approach to the transferability of international legal standards to domestic contexts

Abstract

This paper critically interrogates the fraught and often asymmetrical relationship between international law and domestic legal research through the analytical lens of Third World Approaches to International Law (TWAIL). It explores how international legal standards and norms are transferred, selectively adapted, or outright contested within the legal systems of postcolonial states, where the legacies of imperialism continue to shape institutional, epistemic, and normative landscapes. By grounding the inquiry in TWAIL’s four central critiques, historical, structural, epistemic, and emancipatory, which collectively expose the deep-rooted inequalities and hegemonic biases embedded in the international legal order this study challenges the presumed universality, neutrality, and legitimacy of international legal norms. Through a methodology that combines critical discourse analysis, multi-sited ethnography, and decolonial research strategies, the paper analyzes case studies from Sri Lanka and India to reveal how embedding of international legal standards often fails to resonate with local legal imaginaries and social realities. The findings emphasize that such legal transfers are not merely technical acts of compliance or reform, but politically loaded processes that risk reproducing colonial hierarchies under the guise of universality and modernization...

Related Organizations
  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Fields of Science
Fields of Science
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!