The South of International Law

Intensive Workshop
Thursday 8 & Friday 9 July 2010, Melbourne Law School
Call for Participation
Due 22 April

How might a concept of the ‘South’ be understood in terms of a pattern of (international) legal relations? 

‘The South’ is commonly understood as a political rather than a purely geographical  designation, broadly to indicate the ‘have-nots’ in a world riven with material  inequalities. The term is meant to overcome the hierarchical implications of other  designations, and attempts not to accept the epistemological privileges granted by  concepts such as ‘developing’ and ‘developed’.  

Critics of contemporary international legal orders  have pointed out that the grid of  international law has locked in a particular vision and distribution of political and  economic relations that perpetuates the history of  the colonisation of the South. It is  from here that many of the North-South and South-South debates gain their legal  focus. In these accounts the South emerges as a domain in constant need of  recuperation of and by the laws, politics, economies, and cultures of the North. At the  same time South-South relations have emerged in resistance and relation to the  dynamics of North-South relations.

However, if this rendering of accounts of imperial and post-colonial law is let rest a  while, there are other patterns of law that can be  understood to shape the South.  These laws, articulated for example, in terms of indigenous jurisprudences or the  commons, pattern the South according to different cosmologies, laws of relationship,  responsibilities, and protocols of engagement. Respond to these laws – as many  contemporary debates that link the places, peoples, and histories of the South do -  and a different patterning of legal relations emerge.   

The workshop invites consideration of the many ways in which the South is patterned  by indigenous, national, international and other laws – some providing parallel  accounts of law(s) of the South, others that intersect and conflict. The aim of this  workshop is to develop the repertoires of thinking  through the laws that position the  South in the domains of international laws.

Themes might include:

  • The South as a ‘lawful’ rather than lawless place,  engaging questions of plural legalities and intersections of laws
  • The South as a political-legal entity
  • The South as an object of International law and administration
  • Alternative traditions of ‘international’ legality

Specific debates addressed might include:

  • Trade, development
  • Security
  • Environment
  • North-South Justice
  • Transnational (and private) engagements of laws
  • Indigenous jurisprudence and formulations of the international

The Workshop

The symposium is designed to take advantage of the  visit to Melbourne of three
outstanding scholars:

Dr Fleur Johns (University of Sydney), Dr Catriona Drewe (SOAS, London); and Professor Ruth Buchanan (Osgoode Hall, Toronto)
Ruth, Catriona and Fleur research, teach and write  in areas including international law, development, legal theory, human rights, globalisation and self determination.  Each works from a perspective interested in questions of global justice and critical thinking.  The workshop is being organised by four Melbourne scholars with complementary  interests; Luis Eslava, Shaun McVeigh, Sundhya Pahuja and Gerry Simpson.

Applications to participate:

Everyone is welcome to apply to participate, though we particularly encourage  papers from advanced graduate students, young scholars and junior members of  faculty. There are three ways to participate: 

1. Paper Presentation (6)
Three sessions will be held as intensive engagements with each other’s work.  In  each session, there will be a presentation by one of our guests and 2 papers  selected from applicants’ papers.  The chair and our guest scholars will read the  papers in advance. The authors will each present the paper orally for around 20  minutes.  The Chair will offer a short commentary on each before opening the floor to  discussion.  If you are selected to present, you will need to provide a written draft of your paper
two weeks before the workshop.   

2. Reading Group Discussant (3)
We will also include a reading group at the workshop for which the text will be distributed shortly. One of the organisers will lead the discussion.  All workshop participants are strongly  encouraged to do the reading beforehand, but we also seek three discussants to  engage closely with the text and to be key participants in the discussion. 

3. Non-Presenting Participant (15-20)
The whole workshop will be held in plenary.  Places will be limited to 35 participants.

Because we wish to build an ongoing discussion, we  envisage that everyone will attend the whole conference and will come prepared  to participate in the reading group.  

Fees / Conference Support

There is no charge for those selected to participate in the workshop, but you must be  registered to attend.  Dinners are not included. We have no travel funding, but if you  wish to attend but need accommodation, please get in touch with us and we will try to  assist you however we can (such as finding you a place to stay). 

How to Apply

Everyone: send an email with the subject line:  South Of International Law  to leslava@unimelb.edu.au by 22 April with your:

  • Name
  • Institutional Affiliation

And if relevant:

  • Position
  • Course and stage of study 
  • Citation of one or two representative publications

Reading Group Discussants

The above, plus… an indication that you would like to be a Reading  Group discussant in your email.

Paper Presentation

The above, plus…

  • a short abstract (max 500 words) of your paper; and
  • some information about whether it is part of a larger project.  

If you would like to be considered to be a reading group discussant in the alternative, please say so.

Deadline for applications:  22 April 2010

Notifications by 3 May whether you have been selected. Papers will be selected by the Melbourne organisers. 

Atlantic Justice in the Pacific World

Atlantic Justice in the Pacific World: Property, Rights, and Indigeneity

17 July 2009, 1–5pm
Sutherland Room, Holme Building, Science Road, The University of Sydney
Sydney Sawyer Seminar
Convenors:        Duncan Ivison and Andrew Fitzmaurice
Presenters:        Sankar Muthu, (University of Chicago) 
                       Jennifer Pitts, (University of Chicago) 
                       Andrew Fitzmaurice, (University of Sydney)
As Europeans turned to the Pacific they brought with them a well-established Atlantic framework for thinking about rights. And, indeed, thinking about the Pacific helped to inspire some of the most prominent Enlightenment philosophers and historians. But by the nineteenth century this whole edifice was falling apart. The understanding of what it was to have a right underwent dramatic changes, which often had devastating consequences for colonized peoples. The aim of this seminar will be to examine the role of the Pacific in the transformation of our understanding of rights.
The session is free, but registration is essential.  RSVP to Katherine Anderson katherine.anderson@usyd.edu.au  or 02 9036 5347 by July 13.

Boaventura de Sousa Santos maps the abyss

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Boaventura de Sousa Santos is a professor in the Sociology department University of Coimbra, Portugal. He specialises in issues of law and globalisation, particularly as they relate to the Lusophone South (Mozambique, Brazil, Angola, etc). de Sousa Santos combines his academic life with an active political engagement in World Social Forum.

His essay Beyond Abyssal Thinking offers a broad framework for southern perspectives. It begins with a critique of northern epistemology, which he characterises as a methodology for dividing the world between regions of order and chaos. He offers the example of Amity Lines, agreed on by the Spanish and French in the 16th century as distinguishing those areas where rule of law would apply from the realm beyond where each was free to pursue their interests unhindered. De Sousa Santos links cartography with law and colonisation as part of a fundamental distinction between civilised and savage, cultural and natural and legal and lawless.

As an alternative to this ‘’abyssal thinking’, de Sousa Santos offers an ‘epistemology of the South’ which practices knowledge that is ecologically linked to its context. This grounds thought in both its cultural context and its ethical dimension – as a form of intervention more than representation. de Sousa Santos locates within this epistemology a ‘subaltern cosmopolitanism’ reflecting the diversity of cultures on the periphery (this evokes the ‘world’ that is used to identify non-Western art forms like ‘world music.’)

While de Sousa Santos’ opposition between Northern and Southern epistemologies may seem melodramatic, he is at pains to us it  as a way of opening questions rather than proclaiming answers. His essay concludes with the following questions:

How can we identify the perspective of the oppressed in real-world interventions or in any resistance to them? How can we translate this perspective into knowledge practices? In the search for alternatives to domination and oppression, how can we distinguish between alternatives to the system of oppression and domination and alternatives within the system or, more specifically, how do we distinguish between alternatives to capitalism and alternatives within capitalism? In sum, how can we fight against the abyssal lines using conceptual and political instruments that don’t reproduce them? And finally, a question of special interest to educators: what would be the impact of a post-abyssal conception of knowledge (as an ecology of knowledges) upon our educational institutions and research centres?

Useful references

  • Boaventura de Sousa Santos ‘A Map of Misreading: Toward a Postmodern Conception of Law’ Journal of Law and Society (1987) 14: 3, pp. 279-302
  • Boaventura de Sousa Santos Law and globalization from below: towards a cosmopolitan legality Cambridge: Cambridge University Press, 2005
  • Boaventura de Sousa Santos Beyond abyssal thinking: From global lines to ecologies of knowledges www.eurozine.com/articles/2007-06-29-santos-en.html, 2006
  • Boaventura de Sousa Santos (ed) Another Knowledge Is Possible: Beyond Northern Epistemologies London: Verso, 2007