What is the TWAIL movement’s primary point of departure regarding the formation,
existence and universality of international law, according to your study sources?
The primary point of departure of the Third World Approaches to International Law (TWAIL) movement regarding the formation, existence, and universality of international law is its critique of how international law has historically been shaped and dominated by Western states and their interests. TWAIL scholars argue that international law has been used as a tool to further the power and influence of these Western states, often at the expense of the Global South and marginalized communities. They also criticize the lack of diversity and representation in international legal institutions, which often perpetuate unequal power dynamics.
TWAIL scholars also question the universality of international law, arguing that it is not truly universal as it does not adequately take into account the perspectives and needs of non-Western states and communities. They advocate for a more inclusive and equitable approach to international law that considers the experiences and voices of all countries and peoples, rather than being dictated by the interests of a select few powerful states.