Politikon (Nov 2024)
Nation-States and International Law
Abstract
This article explores the frictions between national sovereignty and the universalization of human rights, highlighting the deep colonial roots and persistent coloniality within the nation-state system and international law. It critiques the liberal framework of nation-states that marginalize “non-nationals” while also perpetuating colonial relations and racial hierarchies through unequal integration into the nation-state system. The ongoing assault on Gaza starkly illustrates the violence inherent within the nation-state and points to the limitations of the current human rights framework. Advocating for a decolonial approach, the article argues that the violence in Palestine underscores the need to rethink and debate international law and human rights, expanding on decolonial scholarship to liberate these frameworks from their colonial, modern, and capitalist contexts.
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