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Alternative Modernity as a Possible Foundation of International Law: Some Epistemic Formulations

Part Name
Articles
Title
Alternative Modernity as a Possible Foundation of International Law: Some Epistemic Formulations
Author(s)
Pratyush Kumar
Affiliation
National Law University Delhi
Publication Year
31-Mar-2017
Citation
KLRI Journal of Law and Legislation, Vol. 7 Issue. 1 Page. 87-116, 2017
ISSN
2234-7526
Publisher
한국법제연구원
Keyword
Global North; Global South; International Law
Type
Article
Language
eng
URI
http://www.klri.re.kr:9090/handle/2017.oak/5380
Abstract
Abstract
The Third World Approach to International Law (TWAIL) has listed out the problematic foundations of international law but it has not ventured into significantly altering the discourse and language of international law per se.
The immediate problem which we encounter is that of identifying and delineating the sources of international law, and we find Europe writ large everywhere. The entire Renaissance in Europe since the 1500s and the Enlightenment as its byproduct looked into the wisdom of ancient Greece and Rome which was completely lost to them and was known only through Arab translation. A link was drawn, whether real or mythical, with the ancient yore, which then informed thier idea of the present. Even Law, as a means to achieve "justice," acquires mythical proportions. A self-intuitive understanding of justice of justice for all living creatures constituting the globe is an intrinsic part of those societies untouched by colonial contact, as well as folk and spritual traditons of the Global South. If we are to recreate a sense of place and time at the present, it can dig into this past to create a theoretical framework of international law, for an alternatively modern, non-European world which is always about to come. And as a means to approach this alternative modernity of the Global South, an inspiration is drawn from the writings of Akeel Bilgrami, Mahatma Gandhi, Rabindranath Tagore, and others, and attempt to develop the foundations of a theoretical framework to depart from the imposed "modernity" of the Global North as a foundation for international law.
Table Of Contents

Excessive Attorney Fees and the Related Issues in... [Young-Ho Kong] 1

The Role of Financial Institutions in Brazil in F... [Renata Soares Piazzon] 23

Quality Control and Management in Legislation: A ... [Timea Drinoczi] 57

Alternative Modernity as a Possible Foundation of... [Pratyush Kumar] 87

The Plant Variety Protection System: General Pres... [Camille Bugnicourt] 117

Private Litigation under China’s Anti-Monopoly La... [Alexandr Svetlicinii] 163

Ⅰ. Epistemic Violence / Introduction
Ⅱ. Ontological Problems and Prospects
Ⅲ. Prospects for Theoretical Constructs of an Alternatively Modern International Law
A. Professor Akeel Bilgrami's Theoretical Prescription
Ⅳ. Tagore and International Law
Ⅴ. Conclusion
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