CTA223 | Theoretical Approaches to International Law

This is a standalone course, structured as in the format of a seminar. This course will seek to take students (who would be familiar with the basics of international law) beyond the Western ‘mainstream’ modes of thinking and researching about international law. This seminar will, therefore, discuss and debate several different theoretical approaches to International Law.

International Law is a legal system which is non-hierarchical and non-centralised. This peculiar feature ensures that academic writings and debates are especially important in shaping international law. It is especially important for students and practitioners of international law to be aware of the politics of knowledge construction in international law, lest it become an apologist for naked power.

Different theoretical approaches not only orient and shape academic and political debates in International Law, but also equip stakeholders seeking to reform it, in order to make it more inclusive, fair and just. In this regard, there is an urgent need to integrate the so-called critical approaches like the Third World Approaches, Feminist Approaches and Critical Race approaches within the reading and understanding of international law.

This seminar course will seek to introduce students to different theoretical approaches and their practical implications. Even basic issues such as sources of international law can differ significantly based on which theoretical approach is undertaken. We will see the real-world relevance of different theories and how they are used in argumentation and international legal advocacy. To this end, the course instructor will use a variety of scholarly literature (articles, blogs, book chapters), news articles, and case laws from international courts and tribunals.

This will be a participatory seminar and will use a Socratic style discussion. Students will be expected to engage in discussion and debates on current topics international relations and international law, from different theoretical standpoints.

As an intensive seminar, the course will endeavour to introduce and discuss a new theoretical approach every day (2 sessions) for the first 8 days. The last two days will be reserved for roundtable discussions featuring students’ responses to these theoretical approaches and its application to contemporary global issues.