The Battle for International Law

Abstract

The so-called ‘decolonization era’ witnessed a fundamental challenge to (legalized) Western hegemony through a new vision of the institutional environment and political economy of the world. Couched between classic European imperialism and a new form of US-led Western hegemony, fundamental legal debates took place over a new international legal order for a decolonized world. ‘Newly independent states’ and international lawyers from the South fundamentally challenged traditional Western perceptions and beliefs, which led to a discursive ‘battle for international law’. This chapter argues that underlying structures in many areas of international relations were transformed during this era, enabling a transition from classic European imperialism to new forms of US-led Western hegemony. The underlying aspirations, strategies and failures related to the battle for international law are of vital importance for any future project aiming to address and alter the relationship between international law and fundamental inequalities in this world.