Parakram Chauhan, Law Centre 2, Faculty of Law, University of Delhi
ABSTRACT
This article examines the ongoing process of decolonisation and its implications for international law. It acknowledges decolonisation as a multifaceted process aimed at challenging and dismantling colonial systems of governance, economy, and culture, while promoting equity, justice, and cultural revitalization. Despite achieving political autonomy, newly independent nations continue to grapple with the enduring legacy of colonization, including the dominance of English language and common law systems inherited from colonial powers. The article highlights the paradox of international law claiming universality while being rooted in European and Christian origins, with early European scholarship and the concept of sovereignty playing a role in justifying and legitimizing colonialism. The discussion also delves into the demand for reparations as a means to address the damage inflicted upon indigenous peoples by colonization. Reparations are viewed as a gradual step in the decolonisation process, promoting reconciliation, closure, and acceptance. This encompasses not only financial compensation but also the restitution of cultural artifacts and other future-oriented forms of reparation. The article further explores the perspectives of Third World Approaches to International Law (TWAIL) scholars, who challenge the conventional view of international law by questioning the assumptions underlying the discipline. TWAIL scholars emphasize the significance of imperialism in shaping international law and advocate for reparations in various forms to recognize the effects of colonization on subjugated populations. The article emphasizes the role of international law in achieving decolonisation, while acknowledging the need for robust sanctions and global cooperation. It underscores the ongoing work required to fully decolonise and the crucial role international law plays in this process.
Keywords: Decolonisation; International Law; Reparations; Colonialism; TWAIL; Transitional Justice; Global Cooperation; Indigenous Knowledge Systems.
Comments