Treaties

Guilherme Del Negro

Chapter 21 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 241-252 from Edward Elgar Publishing

Abstract: Research on the history of international law shows that the law of treaties has served as an important tool for legitimizing and enforcing colonial practices, at least since the early nineteenth century. TWAIL provides a useful tool to emphasize the colonial leanings of the law of treaties even further, as these approaches aim at revealing colonial processes, going against colonial domination and debunking hegemonic resistance to change. In this chapter, some possible research topics for TWAIL within the law of treaties are presented, alongside with a more detailed analysis of coercion of the state under the Vienna Convention on the Law of Treaties (VCLT). The study of the omission of political and economic coercion in the VCLT points out that taking freedom of consent more seriously, making political choices about the law more evident and retelling forgotten histories help us to shed light on pervading injustices and processes of domination.

Keywords: International law; Treaties; TWAIL; Coercion; Colonialism; Vienna Convention on the Law of Treaties (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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