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The State and International Law: A Reading from the Global South
- Humanity: An International Journal of Human Rights, Humanitarianism, and Development
- University of Pennsylvania Press
- Volume 11, Number 1, Spring 2020
- pp. 118-138
- 10.1353/hum.2020.0001
- Article
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Abstract:
In this essay we re-describe the relationship between international law and the state, reversing the usual imagined directionality of the flow between the two. At its most provocative, our argument is that rather than international law being a creation of the state, making the state is an ongoing project of international law. In the essay, we pay particular attention to the institutionalised project of development in order to illuminate the ways in which international law gives form to, and actualises, states, and then recirculates from a multiplicity of points "within" them.