The decolonial turn of International Law

• Autor(a) principal: Cardoso Squeff, Tatiana
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/85235
• topic: Decoloniality; Third World; International Law; TWAIL; Coloniality of Doing; Decolonialidade; Terceiro Mundo; Direito Internacional; TWAIL; Colonialidade do Fazer

The present text has as its main objective to establish the point of contact between decolonial thought and international law. This is because, as decoloniality emerged as a counterpoint to coloniality inaugurated in modernity, which elevated the European/Global North to the center of the world system and established a hierarchical, oppressive and excluding structure seen until today, it becomes a theoretical basis for questioning the existing oppression in the field of International Law. After all, this branch of Law, a point of colonialist elements since its origin, is now being questioned because not only does it listen to the Third World, but also because it does not respond to its wishes or because it allows it to collaborate with the dynamics of new rules, as points the Third World Approaches of International Law. Therefore, through a research of an applied nature, following the deductive method of approach and the bibliographic review technique, we seek to understand a relationship between them, concluding, in the end, that decoloniality, expressed by third-world approaches, it is of paramount importance to contest the role assigned to the Global South in International Law.