International Law And The Global South – OpEd
In the modern times, the current world is primarily divided into two categories based on geographical and economic factors. One is Global Northern countries and another is Global Southern countries.
On one hand, the Global North implies well developed and capitalistic economies. On the other hand the Global South implies the developing economies of the world. The western colonial hegemony is one of the primary reasons for this economic distinction between the Global North and the Global South. In the context of global colonial history, the colonial countries have become global north countries.
The roots of International law
There has been one truth in existence that International law was the creation of Europe to rule the colonies around the world. The expansion of European powers has been legalized by International law. Historically, colonialism has played pivotal role in shaping International law and the various domestic legal systems. In recent times, the colonialism has arguably become a subject of International law.
Most of the Third World scholars of International law have been regarding that there is definite and firm link between colonialism and International law. The western colonial powers used International law to expand their western imperialism. Prof Anghie, one of the prominent scholars in 21st century in the field of International law regards “International law is firmly rooted in western colonialism”.
Besides International law, the western legal thinking has left an indelible impact on legal systems of the Global Southern countries. It has also to be noted that as far as International law is concerned, it has been used by the colonial powers to legalize the wars happened against states of the Global South. The people’s republic of China which is being considered as one of the super powers of the world has consistently regarded International law “as a weapon of the west to suppress Third World states.
Global North Vs Global South
As we have discussed above, the Global North countries are mostly western ones with imperial characteristics while the Global South countries are non western which are primarily located in Asia, Africa and Latin America. The origin and growth of International law purely lies with western hemisphere. The paradoxical characteristics of the Global South resisted International law which was projected by the Global North countries to expand their control on the south.
Professor Makau Mutua a renowned Kenyan scholar rightly mentioned International law as “the regime of International law is illegitimate, it is a predatory system that legitimizes, reproduces and sustains the plunder and subordination of the Third World by the West” means the Global North. According to Professor Mutua, International law is making the Global South subordinate to the Global North. Thus the people of the Global South are living in their independent countries by depending on International institutions which are being monitored by the west. To strengthen this argument, we need to observe the International Economic law which has to be counted as one of the most important branches of Public International law in the 21st century. The global economic ties between states are currently administered by International Economic law.
The Global South countries are economically weaker states while the Global North countries are economically stronger. To empower the Global North, International economic law has played a pivotal role with certain objects. As we all know that the global system of administration is mostly based on two institutions, one is the United Nations and another is Bretton Woods institutions. But there is primary distinction between these two institutions. The United Nations is primarily obliged to protect the peace and security of the world irrespective of an area of the globe whereas the Bretton Woods Institutions are not obliged to eradicate poverty among the Global South countries.
International Economic law has empowered World Bank and the International Monetary Fund IMF to monitor global economic relations among independent states based on the US dollar. The economic exploitation of the Global South happens in a number of ways, most importantly by the unequal exchange. The International Economic Law concedes an unequal exchange between the countries, which causes poverty in the Third World. Indeed the globalization which is being implemented by the norms and principles of International Economic Law raises the poverty in the Global South. We can understand that International law is in favor of the Global North while it is in disfavor of the Global South.
Concluding Remarks
Since the colonial times, International law has been used by the Europeans as a legal weapon of the west to subjugate non European people. Most importantly, the countries of the Global South were accustomed to the western made International law. Every Third World International law scholar must note that International law has been discriminating states of the Global South based on economic inequality of Global North and the Global South. The Law of Nations or International law has been constructed to protect interests of the Global North. Professor BS Chimni a renowned scholar of International law suggests that “International law is playing a crucial role in helping legitimize and sustain the unequal structures and processes that manifest themselves in the growing north south divide”.
The economic requirements of the Global South states are being manipulated by the Bretton Woods institutions. In the sense of this argument, one particular rationale has to be revealed that most of the economic power lies not with the United Nations but with the Bretton Woods institutions. The economic justice of the Global South is at risk.