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  • Emancipating International Law: Confronting the Violence of Racialised Boundaries

    Emancipating International Law by al Attar, Mohsen; Smith, Claire;

    Confronting the Violence of Racialised Boundaries

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      • Publisher's listprice GBP 130.00
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    Product details:

    • Publisher OUP Oxford
    • Date of Publication 7 May 2026

    • ISBN 9780198935575
    • Binding Hardback
    • No. of pages528 pages
    • Size 234x156 mm
    • Language English
    • 700

    Categories

    Short description:

    Emancipating International Law reveals how racial hierarchy, systemic oppression, and global white supremacy are embedded into current legal structures. This book seeks to contribute to the anti-racist struggle by advancing an understanding of international law aimed at dismantling its racialised structures and challenging legal orthodoxy.

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    Long description:

    While mainstream international legal scholarship has long treated race as a peripheral concern-or a historic injustice to be remembered but not redressed-this volume argues that racialisation is foundational to the discipline, underpinning its doctrines, epistemes, and interlocutors. Emancipating International Law explores the many ways racial hierarchy, systemic oppression, and global white supremacy shape international law. Bringing together leading and emerging scholars, the collection moves beyond qualifying whether international law is racist to explore how racial hierarchies are embedded in its structures and continue to evolve through legal and institutional practice.

    Divided into five sections, the book begins by situating international law's racialised boundaries within its colonial, capitalist, and chauvinist afterlives, exposing how white ignorance and race-thinking underpin legal norms, from sovereignty to jus cogens. It then examines racial stratification across legal institutions, including investment law, refugee law, and the Genocide Convention. The third section extends this critique to human rights, revealing the ways in which even an emancipatory paradigm can bolster racial injustices. The penultimate section unpacks racial hierarchies in disparate societies, including Brazil, India, and Japan, as well as the frontiers of nation-states. The volume concludes with a powerful discussion of the role of activism and alternative epistemologies in racial justice struggles, and the limits of international law's capacity for anti-racist transformation.

    Aimed at scholars, practitioners, and students of international law, critical legal studies, and anti-colonial theory, this book advances an understanding of international law that is aimed at dismantling its racialised structures.

    This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

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    Table of Contents:

    Beyond Silence: Confronting Racial Hierarchies in International Law
    Part I. Situating International Law's Racism Problem
    The Racialized Epistemology of International Law: From White Ignorance to Black Dignity
    Disrupting International Law's Colonial Afterlives of Human Property: Educating for a World Beyond Racial Capitalism and Unending Apartheids
    Racialized Extractivism: A Tale of Fetishism, Narcissism, Primitive Accumulation, and Expropriation
    The Inequalities of Sovereign Equality
    The Colour of Jus Cogens
    Part II. The Tools, Techniques, and Technologies of Legalized Racial Inequality
    Race as Citizenship Personified: Illuminating the Ghosts of Racial Discrimination in International Law
    A Racialized Existence: Lessons from Palestine and the Genocide Convention
    Settler Colonialism, Race, and International Law: Lessons from the Frontier
    Survive the Journey Only to Succumb to International Refugee Law
    How the UN Guiding Principles on Internal Displacement Fail Climate and Racial Justice: Time for the Kampala Convention?
    Part III. A Right to be Free From Racism
    The Intersection of Race and Economic, Social, and Cultural Rights
    Racialized Ableism and the Need for Intersectional Discourse and Action
    De-essentializing Race: Intersectionality as a Feminist Approach in International Human Rights Law
    Colonial Fantasies in the European Court of Human Rights
    Part IV. Antiracism in the Pluriverse
    Indian Approaches to Racism and Related Forms of Subordination under International Law: A Question of Interest Convergence
    Japan: International Law as the Outward Looking Weapon
    Decolonial Fissures: Looking from and Beyond Brazil's Colour Lines
    Norm Entrepreneurship at the UN: Addressing Racial Equality Across Borders and the South-North Divide
    Part V. Taking the Struggle(s) Forward
    From Captives to Enslaved: International Law and the Making of the (Non)Human
    Bodies of Knowledge: Re-framing Emancipation in International Law through Dalit Praxis
    Racism, (Neo)Colonialism, and International Law: A Field in Search of a Philosophy?
    Conceptualizing Race and Resisting Racism in International Law
    Unburdening White Women: Antiracist Feminist Praxis as Revolution
    The Slow and Benevolent Violence of International Law: An Oceanian Perspective

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