Abstract
A CRITICAL APPROACH TO INTERNATIONAL LAW: TWAIL
TWAIL constitutes a system of thought that argues that Third World societies are at a disadvantage in the face of international law and that this needs to be corrected. However, TWAIL is evaluated as a set of views that include different ideas to correct their disadvantaged position in the face of international law rather than a systematic approach. TWAIL argues that global justice is the least effective for Third World societies. It also aims to build normative legal foundations in terms of international governance by arguing that international norms and institutions are designed under the monopoly of Europe and that this is a tool against non-Europeans.
The TWAIL movement was not taken up by thinkers from within Third World societies but by US-based thinkers. In the later period, the studies conducted by thinkers such as Anghie and Chimni, in particular, contributed significantly to the development of TWAIL, with their views that Third World societies should end Western hegemony over international law and receive a share of global justice. There are two stages in the development of TWAIL thought, called TWAIL I and TWAIL II. There are significant differences between these two views.
In this article, the basic arguments put forward in TWAIL thought within this thought structure, which is not centered around a specific ideology, will be explained and how international law should be in favor of Third World societies will be evaluated.
Keywords
TWAIL, Third World, International Law
