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Critical Third World Approaches to International Law (TWAIL): Theory, Methodology, or Both?

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This paper engages with the question of whether TWAIL is a theory, a methodology, or both. It takes the mainstream positivist understandings of the concepts of "theory" and "methodology" seriously in order to assess TWAIL scholarship against those (admittedly contingent) measures. It argues that TWAIL offers both theories of, and methodologies for, analysing international law and institutions, before concluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach.

Affiliations: 1: Osgoode Hall Law School, York University, Toronto, Canada; Harriett Tubman Institute for the Study of the African Diaspora, York University, Toronto, Canada; Centre for Refugee Studies, York University, Toronto, Canada


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