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The State and International Law: A Reading from the Global South

Eslava, Luis, Pahuja, Sundhya (2020) The State and International Law: A Reading from the Global South. Humanity journal, 11 (1). ISSN 2151-4364. E-ISSN 2151-4372. (doi:10.1353/hum.2019.0015) (KAR id:66647)

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Abstract

In this essay we re-describe the relationship between international law and the state, reversing the usual imagined directionality of the flow between the two. At its most provocative, our argument is that rather than international law being a creation of the state, making the state is an ongoing project of international law. In the essay, we pay particular attention to the institutionalised project of development in order to illuminate the ways in which international law gives form to, and actualises, states, and then recirculates from a multiplicity of points “within” them.

Item Type: Article
DOI/Identification number: 10.1353/hum.2019.0015
Uncontrolled keywords: nation-state, international law, development, post-colonial state, developmental state, new developmental state
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 06 Apr 2018 14:17 UTC
Last Modified: 16 Feb 2021 13:54 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/66647 (The current URI for this page, for reference purposes)
Eslava, Luis: https://orcid.org/0000-0001-7312-8986
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