Why Teaching International Law Should Be an Antiracist Endeavour

The field of international law, developed in the shadow of colonialism and global power imbalances, has long been influenced by racial biases and hegemonic interests. These historical and systemic inequalities continue to shape contemporary international relations and legal frameworks. Given this context, the teaching of international law should be pursued as an antiracist endeavour. This short essay reflects some of our approaches in how we teach the subject. We explore the historical underpinnings of racism in international law, the imperative for an antiracist approach in legal education, and suggest practical strategies for integrating antiracist principles into the curriculum. For impact, it is important that the method suggested here should be identified as an antiracist approach. Such does not deny the existence of other relevant approaches, such as Third World Approaches to International Law (TWAIL), that may be employed to achieve similar results.

Historical Context and the Legacy of Racism in International Law

International law, as it evolved from the 16th century onwards, was significantly moulded by the colonial ambitions of European powers. Legal doctrines such as terra nullius, “civilised nations” and the “civilizing mission” were explicitly designed to legitimize the appropriation of lands and resources, and the subjugation of non-European peoples. These principles entrenched a legally supported racial hierarchy that justified European domination and exploitation.

The Berlin Conference of 1884-85, which formalized the “Scramble for Africa”, exemplifies how international law facilitated colonial expansion and theft. European powers delineated African territories among themselves without any regard for the indigenous populations, who were considered uncivilized and thus unworthy of sovereign rights. This historical context underscores the deeply ingrained racial biases that continue to permeate international legal structures.

The principles of sovereignty, statehood, and legal personality were historically reserved for European states, while non-European societies were often excluded or deemed inferior. For instance, the concept of sovereignty was selectively applied, with many non-Western states, regardless of their state of organisation, only gaining recognition as sovereign entities after decolonization. This selective application reinforced racial hierarchies and global inequalities. Thus, many of the great kingdoms of Africa from the Ashanti in the West to the Zimbabwe in the South were completely ignored despite having the same characteristics of statehood as the colonisers and in many cases, despite being in existence for much longer.

The legacy of racism in international law is evident in the continued marginalization of formerly colonized nations within global institutions. Post-colonial states often face significant barriers in exerting influence within organizations like the United Nations or the International Monetary Fund, where decision-making power remains largely in the hands of developed, predominantly Western nations. This power imbalance is rooted in the colonial period when the foundations of international law were being laid. Moreover, international legal principles, such as those concerning trade and investment, often reflect the interests of historically dominant powers, perpetuating economic inequalities. Efforts to address these injustices, such as calls for reparations or fairer trade practices, are frequently met with resistance, highlighting the enduring influence of colonial-era legal structures. Recognizing and addressing this legacy is crucial for creating a more equitable international legal order that genuinely reflects the principles of justice and equality

The Imperative for Antiracist Teaching: Redressing Historical Injustices

Consequently, for us, teaching international law with an antiracist focus is crucial for acknowledging and addressing the historical injustices embedded within the field. By critically examining the colonial and racist underpinnings of international legal principles, we think that educators can help students understand how these legacies continue to shape contemporary legal and political realities. This approach reveals how racial hierarchies were legally embedded to justify territorial conquests and the subjugation of non-European peoples, thus challenging the notion of international law as a neutral and universal system.

For instance, the lingering effects of colonialism are evident in the ongoing disputes over land and resource rights, indigenous sovereignty, and reparations for historical injustices. They are present in the ongoing fight for climate justice. They are present in the current debates relating to looted artefacts where differences in approaches between artefacts stolen from Europeans and from non-Europeans are clear. They are present in the dissent towards ICJ Advisory Opinions when they apply to non-European communities such as the case of the UK in relation to the Chagos Islands. These same effects are evident in the denunciation by the US and the UK of the ICJ’s Advisory Opinions against the occupation of Palestine. They are evident as well in the failure to put in place mechanisms for reparations for the massive violations of human rights that occurred during colonial occupation in the same way that aggressor states were punished by reparations after the First and Second World Wars. An antiracist approach to teaching international law would involve a critical examination of these issues, providing students with the tools to recognize and challenge the systemic biases that underpin them.

Promoting Critical Thinking and Inclusivity

An antiracist approach to teaching international law encourages critical thinking and inclusivity. Students are prompted to question dominant narratives and consider alternative perspectives, particularly those of historically marginalized groups. This fosters a more comprehensive and nuanced understanding of international law and its impact on diverse populations.

For example, students might explore how international law has been used both to oppress and to empower marginalized groups. For example, how the anti-apartheid movement in South Africa deployed international human rights law to challenge racial discrimination in various contexts or how the Soviet Union supported African freedom fighters to claim their right to self-determination from colonising states that would just not let go. An antiracist approach will help illustrate the potential for international law to serve as a tool for justice. By examining these case studies, students can appreciate the complexity and contested nature of international legal norms. This approach not only prepares students to identify and address racial injustices within the legal system but also inspires them to become advocates for change, contributing to the development of more equitable and inclusive legal frameworks.

Empowering Marginalized Voices

Integrating antiracist principles into the teaching of international law helps to empower marginalized voices within the field. By highlighting the contributions and perspectives of scholars, practitioners, and communities from the Global South and other marginalized groups, educators can challenge the Eurocentric bias that often dominates the discipline. This inclusivity enriches the study and practice of international law, making it more representative and equitable. As publicists, we believe in an inclusive public international law corpus; and that through the incorporation of these critical perspectives in the curriculum, educators can ensure that students are exposed to a diverse range of viewpoints and understand the multifaceted nature of international legal issues.

Practical Approaches to Antiracist Teaching in International Law

One of the most effective ways to incorporate antiracist principles into the teaching of international law is by diversifying the curriculum. This could be achieved by incorporating non-Western perspectives through the inclusion of legal theories, case studies, and historical accounts from non-Western sources. This might involve studying the legal systems and traditions of African, Asian, and indigenous communities, and examining how these systems interact with and challenge international legal norms. For example, including the histories of non-western countries such as those from Songhai, Ethiopia, Kush and others in state formation, diplomacy and trade lays bare the widespread actions of non-European states in the international law making. Secondly, Further, the ideology of public international law tends to be self-reinforcing and self-referencing with those that undertake critical international law often marginalised from the classrooms and citations. We therefore choose to deliberately feature the work of scholars and practitioners from historically marginalized backgrounds. This can help to challenge the dominance of Western perspectives and provide a more balanced and inclusive view of international legal issues. Finally, in our classroom, we take seriously the work of analysing the impact of colonialism and the ongoing struggles for decolonization and self-determination. This might involve studying the legal frameworks and principles that have been developed to address issues such as indigenous rights, reparations, transitional justice and climate justice.

For example, a course on international human rights law should not only include readings and discussions on the African Charter on Human and Peoples’ Rights and the work of the Inter-American Court of Human Rights but also delve into the contributions of indigenous legal systems in the protection and portion of human rights. These materials would provide students with a broader understanding of human rights law and its application in diverse contexts.

A second key strategy is employing critical pedagogy techniques that encourage students to question and critique established legal norms and practices. Educators should consider the integration of Critical Race Theory and decolonial perspectives into the curriculum. This involves critically examining the historical and ongoing impacts of colonialism and racism on international legal frameworks. By incorporating these perspectives, educators can help students understand how international law has been complicit in perpetuating racial inequalities and how it can be reformed to promote justice. This approach, coupled with the creation of a classroom environment where students feel comfortable discussing and debating contentious issues related to race and international law is key. This can help to foster a critical and reflective approach to learning, and encourage students to engage with diverse perspectives.

Active learning strategies are a third approach that have allowed our students to engage more deeply with antiracist principles in international law. In this regard, we encourage using real-world case studies and simulations to explore the application of international law in diverse contexts, and in particular, by centring the voices and lived experiences of marginalized communities in the study of international law. This can help students to develop practical skills and a deeper understanding of the complexities and challenges involved in applying antiracist principles in practice. Furthermore, encouraging students to engage with communities and organizations working on issues related to racial justice and international law. This can provide students with valuable practical experience and insights, and help to bridge the gap between theory and practice. For example, a clinical program on international human rights might involve students working with refugee and immigrant communities, providing legal assistance and advocacy on issues such as asylum, deportation, and discrimination. This hands-on experience can help students to develop a deeper understanding of the real-world implications of international legal principles, and the importance of an antiracist approach.

Challenges and Opportunities

One of the significant challenges to integrating antiracist principles into the teaching of international law is institutional resistance. Legal education has traditionally been conservative and resistant to change, particularly in elite institutions that have long been dominated by Western perspectives and interests. Overcoming this resistance requires sustained advocacy and engagement from students, faculty, and practitioners committed to antiracist principles.

Implementing antiracist principles in legal education also requires significant curriculum and pedagogical reforms. This includes developing new courses and materials, training faculty in antiracist teaching methods, and creating supportive learning environments for diverse students. While these reforms can be challenging, they are essential for creating a more inclusive and equitable legal education.

Building alliances and networks among scholars, practitioners, and activists committed to antiracist principles can help to support and sustain these efforts. This might involve collaborating on research and advocacy projects, sharing resources and best practices, and creating platforms for marginalized voices to be heard and recognized.

For example, initiatives such as the TWAIL network provide a valuable forum for scholars and practitioners from diverse backgrounds to engage with and challenge dominant narratives in international law.

Conclusion

Teaching international law as an antiracist endeavour is essential for addressing the historical and systemic biases that continue to shape the field. By diversifying the curriculum, employing critical pedagogy techniques, and promoting active learning and engagement, educators can help students develop a more comprehensive and nuanced understanding of international law and its impact on diverse populations.

While there are significant challenges to implementing these principles, the potential benefits are substantial. An antiracist approach to teaching international law can help to create a more just and equitable global legal system and empower future legal practitioners to work towards a more inclusive and sustainable world. By acknowledging and addressing the colonial and racist legacies embedded in international law, educators can help to build a more equitable and just future for all.

The contributions to this blog debate are published simultaneously on the africanlegalstudies.blog and Verfassungsblog.