Ali Hammoudi
York University, Osgoode Hall Law School, Graduate Student
- University of Leeds, Law, Alumnusadd
- Law, History, Middle East Studies, Marxist theory, Iraqi History, British Imperial and Colonial History (1600 - ), and 13 moreCritical Legal Theory, Colonialism, Imperialism, Empire, Marxist Legal Theory, International Law, Labour Law, Postcolonial Studies, TWAIL - Third World Approaches to International Law, History of International Law, Law and Society, Legal Theory, and Socio-legal studiesedit
To cite this article: Ali Hammoudi (2016) The conjunctural in international law: the revolutionary struggle against semi-peripheral sovereignty in Iraq, Third World Quarterly, 37:11, 2028-2046, ABSTRACT This article will detail an event... more
To cite this article: Ali Hammoudi (2016) The conjunctural in international law: the revolutionary struggle against semi-peripheral sovereignty in Iraq, Third World Quarterly, 37:11, 2028-2046, ABSTRACT This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba ('the leap') of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.
Research Interests:
Abstract: This essay will analyze William Twining’s work from a post-colonial perspective. It will be argued that Twining is constrained by the structural limitations inherent in his ‘general jurisprudence,’ reflected in three aspects of... more
Abstract: This essay will analyze William Twining’s work from a post-colonial perspective. It will be argued that Twining is constrained by the structural limitations inherent in his ‘general jurisprudence,’ reflected in three aspects of his analysis: firstly, Twining appears to disregard the imperialistic historical roots of the Western legal tradition. Secondly, Twining’s definition of globalization, which marginalizes the economic dimensions of globalization, fails to grasp the important historical role of capitalism in the emergence of globalization, and how this affects his very understanding of 'space' and 'proximity'. Finally, this essay will end with an examination of the relationship between the attainment of knowledge and power relations in the context of the Third World. It will be shown that Twining disregards how Western representations of non-Western legal traditions could eventually develop into a discourse that ultimately perpetuates new forms of domination.
This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15... more
This book addresses the themes of praxis and the role of international lawyers as intellectuals and political actors engaging with questions of justice for Third World peoples. The book brings together 12 contributions from a total of 15 scholars working in the TWAIL (Third World Approaches to International Law) network or tradition. It includes chapters from some of the pioneering Third World jurists who have led this field since the time of decolonization, as well as prominent emerging scholars in the field. Broadly, the TWAIL orientation understands praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law's promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation. The rich diversity of contributions in the book engage these themes and questions through the various prisms of international institutional engagement, world trade and investment law, critical comparative law, Palestine solidarity and decolonization, judicial education, revolutionary struggle against imperial sovereignty, Muslim Marxism, Third World intellectual traditions, Global South constitutionalism, and migration. The book was originally published as a special issue of Third World Quarterly.
Contents
1. Foreword: Third World Approaches to International Law (TWAIL)
Richard Falk
2. Introduction: TWAIL - on praxis and the intellectual
Usha Natarajan, John Reynolds, Amar Bhatia and Sujith Xavier
3. The Third World intellectual in praxis: confrontation, participation, or operation behind enemy lines?
Georges Abi-Saab
4. On fighting for global justice: the role of a Third World international lawyer
M. Sornarajah
5. Regulation of armed conflict: critical comparativism
Nesrine Badawi
6. Decolonisation, dignity and development aid: a judicial education experience in Palestine
Reem Bahdi and Mudar Kassis
7. The conjunctural in international law: the revolutionary struggle against semi-peripheral sovereignty in Iraq
Ali Hammoudi
8. Mir-Said Sultan-Galiev and the idea of Muslim Marxism: empire, Third World(s) and praxis
Vanja Hamzic
9. International lawyers in the aftermath of disasters: inheriting from Radhabinod Pal and Upendra Baxi
Adil Hasan Khan
10. The South of Western constitutionalism: a map ahead of a journey
Zoran Oklopcic
11. Disrupting civility: amateur intellectuals, international lawyers and TWAIL as praxis
John Reynolds
12. Migration, development and security within racialised global capitalism: refusing the balance game
Adrian A. Smith
Contents
1. Foreword: Third World Approaches to International Law (TWAIL)
Richard Falk
2. Introduction: TWAIL - on praxis and the intellectual
Usha Natarajan, John Reynolds, Amar Bhatia and Sujith Xavier
3. The Third World intellectual in praxis: confrontation, participation, or operation behind enemy lines?
Georges Abi-Saab
4. On fighting for global justice: the role of a Third World international lawyer
M. Sornarajah
5. Regulation of armed conflict: critical comparativism
Nesrine Badawi
6. Decolonisation, dignity and development aid: a judicial education experience in Palestine
Reem Bahdi and Mudar Kassis
7. The conjunctural in international law: the revolutionary struggle against semi-peripheral sovereignty in Iraq
Ali Hammoudi
8. Mir-Said Sultan-Galiev and the idea of Muslim Marxism: empire, Third World(s) and praxis
Vanja Hamzic
9. International lawyers in the aftermath of disasters: inheriting from Radhabinod Pal and Upendra Baxi
Adil Hasan Khan
10. The South of Western constitutionalism: a map ahead of a journey
Zoran Oklopcic
11. Disrupting civility: amateur intellectuals, international lawyers and TWAIL as praxis
John Reynolds
12. Migration, development and security within racialised global capitalism: refusing the balance game
Adrian A. Smith