Symposium Posts

There are two basic problems that may resonate with those who are engaged in teaching and researching international law in developing countries: first, motivating students, and second, seamlessly accessing the requisite resources for teaching and research. This essay presents and outlines challenges and proposes some solutions to address them. This is not to say that these are the only constraints they face, rather this choice is driven by the length of this essay.

It is through increased research and publications in Africa, about Africa’s experiences with norms and practices of the international society, that the TWAIL aspirations of alternative narratives and accounts that will compel emerging rules of international law and their institutions to be more just, fair, balanced and equitable to the region, may be realised.

Conducting research and teaching international law in Indonesia has its characteristic that has been adjusted to the current academic conditions in Indonesia.

These are some reflections I hope will be valuable to anyone who is committed to facing the challenge of making international legal education relevant given the significant changes we, as people concerned with issues related to global justice, are living. International legal education has undoubtedly much to say in such an “eternal” crisis, one we feel is affecting social relations at national and international levels.

The main finding of this contribution is that most universities offer enough courses on international aspects of law but do not ensure all their students get the minimum necessary, i.e., a sound introduction to the principles of public and private international law as well as ideally the skills to compare legal solutions in various jurisdictions (comparative law).

The optional subjects being offered at SAU also have considerable number of readings that focus on South Asia. They also include the works of South Asian scholars and Third World scholars. All the optional courses offered at SAU address international issues of relevance to South Asia, in varying degrees. Discussions on general topics include special reference to South Asia in most of the courses. Thus, the LL.M. course at SAU is heralding in a South Asian approach to IL.

Through our analysis of the course outlines of the above subjects, we have arrived at the conclusion that the LL.M program at SAU has the potential to make a significant contribution to the development of South Asian perspective of IL. All the compulsory courses taught at SAU address issues of international law relevant to South Asia, scholarly works focussing on South-Asian issues have been given due consideration, as have the works of South Asian and TWAIL scholars.

So far, we have found that an uncritical Western perspective is favored in the teaching of international law in the region. In many cases, international law is generally presented as a single and objective law that must be applied uniformly in any part of the world and, therefore, leaving no place for regional contextualization or for questioning its premises. Likewise, it is widely preferred to teach it using a bibliography originated in the Global North, despite the substantive contributions of Latin American scholars in International Law and in the Humanities and Social Sciences. These contributions have been made invisible by the colonial past and globalization processes based on asymmetrical power-knowledge relationships.

There is a need to strip the teaching of PIL of its Eurocentric cognitive and civilisational conceits. ‘There is something profoundly wrong when syllabi designed to meet the ends of colonialism continue well into the [postcolonial] era’.

This is a clarion call for Indian international law scholars to do collective work on strengthening and integrating the field within the domestic legal landscape and foreign policy, as well as with western scholarship. The restoration of the foundation of international rules well laid in ancient India is urgently required. The timely action could save the crumbling architecture of teaching and research of international law in India.