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An Anticolonial Dream against the Disaffection and Dissonance: Teaching the (Other) International Law in India Parmar, Swati S
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical injustice and epistemic inequivalence create a strained relationship between the study of international law and a geographical South student, which drives the focus of this paper. Teaching international law requires contemplation of the contents and methods of teaching inclusive of the contributions of non-European societies which otherwise have been held in a legal vacuum by European international law. Redeeming the relegated history of international law has the potential to alter the way the geographical South students view existing international law. Some basic concerns in teaching the subject are foregrounded in the old Austinian handicap, colonial leftover syllabi, and the lack of revamping the teaching pedagogy. I argue that the geographical specificity of reference points can address the disassociation of the geographical South students. Decolonising the syllabi, a context-setting and exposure to the philosophy of international law could considerably change how we read international law in the geographical South.