Third World and Feminist Approaches’

Contexts of International Law as a Tool to

Dominate the Weak: An Essay

Benrashdie NGO
IR Exchange Student, ESPOL
Université Catholique de Lille

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ABSTRACT
International law tends to serve the powerful states, institutions, groups, and individuals in the
contemporary scene, leaving the weak actors behind the socialist ideals of neo-liberal ways toward a
world of extreme interconnection. However, the basic principle of international law includes everyone in
the pursuit of a better life for all. Consideration should be given to the question on how to elevate not only
the powerful states, institutions, groups, and individuals’ own welfare, but also their weaker counterparts’
through redefinition of international law.

KEYWORDS: Third Word Approach, Feminist Approach, International Law, Weak

1. INTRODUCTION
Domination comes from the human desire for recognition (Fukuyama, 1992). Recognition grants an
individual some advantages that stems from the social perception that having it allows one to become a
figure of authority. The powerful gets what they want by dominating others. Power and force are tools for
achieving these goals. With this, one can demand and command others to follow. Use of force is a common
method of achieving such condition but in the contemporary epoch, such method no longer serve as a
primary tool in making people follow. Softer and less direct ways of taming public subordination have
come to life such as the international legal consensus we all know today as International Law.

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International Law has a significant role in the legislation of most nation-states legal systems. Hence, it is
necessary for international law to characterize keep all parties’ welfare, as much as possible, in its
consideration. International law should be the neutral object which lies in between the equation.
Unfortunately, as neutral as it should be, under certain circumstances, have already become a tool of the
powerful in their pursuit of personal interests, thereby marginalizing the weak, which in this paper’s
context, the third world and women.

In this digital era where the fast-paced processes in global developments occur in political, economic,
sociocultural, and ecological spheres, consideration is warranted to be given to the puzzle on how to
elevate the welfare of everyone, especially weak states, institutions, groups and individuals with the aid
of their powerful counterparts, by starting with the inclusive and just adoption the international law.

2. THE POWERFUL AND THEIR DOMINATION

Contemporary history takes account of many circumstances when dominant states, institutions, groups
and individuals, with the use of international law, break entities on their way at the cost of the weak. These
measures are usually masked with legitimate international law provisions so as not to raise the
international community’s eyebrows. But these dominant states are not fooling anyone. The continuous
military attack on Syria by the United States, United Kingdom and France did not just overthrow the
government but also poured hundreds of thousands of refugees into neighboring countries (Rylance, Eno,
& Martinez, 2018).

Another controversial circumstance was the investor-State dispute between Chevron vs. Ecuador on the
environmental catastrophe in the Amazon where Chevron had caused oil in along the amazon within the
territory of Ecuador. However, rather take on the legal responsibilities of environmental remediation and
reparation as prescribed by the international environmental law, the most interesting twist happen when
Chevron counter filed a case against Ecuador for investment treaty breach of the United States-Ecuador
Bilateral Investment Treaty. At the bottom of these disputes however, are the environmental plaintiffs
which were held victim of the toxification of their marine resource which could last for decades if
mismanaged (Desierto, 2018).
Colonization of countries, albeit sounds like a thing of the past, continues to be exercised by powerful
states today. In June this year, China has just turned Sri Lanka into a ‘semi colony’ after the latter handed
over economic control of its deep-sea Hambantota port to China Merchants Port Holdings for a 99 year
lease at the price of $1.12 billion through an investment deal, which will then be used by the Sri Lankan
government to pay for its foreign debt to the Chinese government (Sirilal, 2018). Such dominations of the
powerful as mentioned above are only prime examples of how international law can be a tool to dominate
the weak.

3. INTERNATIONAL LAW AND THE THIRD WORLD APPROACHES

The problem with the third world today starts with the archaic reference of using the term ‘third world’ to
describe countries that have been historically submissive to imperialistic forces since the 1500s by the
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developed nations. Third world countries are usually found in South America, Africa and Asia which are
developing economically, politically unaligned, and newly independent (Paudel, 2015). With many areas
subject for improvement, third world countries undeniably need attention from developed nations to catch
up with the global goals and ideals that these advance countries are ready to embrace. However, these
precursors are deliberately forgotten in lieu of proposing ‘uniform global standards’ (Chimni, 2006)
through institutions such as the United Nations, which was established upon the basis of ‘West’ legal ideas
which non-west third world countries also now adopt (Fatouros, 1964).

It is not, however the presence of the coined term ‘third world’ that is problematic in the contemporary
scene. It is of the idea that in the international fora of countries, labels the countries as such: the democracy,
which connotes the first world that is progressive through its liberalized economy; the communist, which
refers the second world of heavy industry and surplus-extracting to its peasants; and the third world. But
even after the collapse of the communist states after the cold war and the reformation of known ‘red’
nations, the term third world still managed to exist. The powerful states were not only keen on critiquing
third world, but they also jeopardized the strength of third world coalitions. With another factor at hand –
globalization kept the problems of the third world intact and growing as the ruling transnational elites
clamor for influence in pursuit of their ‘national interest’ leaving third world countries leaning on each
other’s back for collective resistance (Chimni, 2006).

Although globalization could be a result of gradual processes, it is by least an autonomous phenomenon.

It is partly a result of the emphasis made by these powerful states all in the name of a ‘unified global
economic space’. Indeed, it is a lot easier if a state or group of states carry the protocol of how a system
of countries around it should work inter-nationally. In this context, if everything from forms of
governments and laws is only coherent to a few, others would be left catching up and fine-tuning their
configuration to match with the imposed ways. Through international law, the third world had to be
reconstituted bringing the ‘global operation of capital and promotion, extension and protection of
internalized property rights’. Along with it emerged the transnational ruling elite assisted by its third world
counterparts building a ‘global system of governance’ conducive for transnational capital at the expense
of peoples from third world. More so, even the words of human rights have been exploited for this purpose,
and if the peoples of third world could catch up, it is likely that they would lose again to a modernized
colonization (Chimni, 2006).

Perhaps a more significant aspect of international law that should be looked at is how its culture is shaped
and framed by the dominant ideas coming from the powerful actors. It is rather easier to inject an idea that
is widely construed as a natural worldview by your subordinates whom you practice domination on. This
mechanism works similarly in the international law as several factors from the powerful states play their
roles collectively in the greater scheme of things. For instance, academic institutions from prominent
western countries, in association with state agencies, play its key role by educating international law
students from different nations based on academic materials written and published by western thinkers
and researchers (Chimni, 2006). It is from then, if one analyzes the situation, that international law in the
eyes of the scholars of third world begins to change as ideologies penetrate their consciousness and affect
how they construe matters in the past. Another factor in the process is the international institution with
strategies that ‘ideologically legitimate the norms of the world order’, strategically appoint elites from
peripheral countries and make of the anti-hegemonic ideas for its own benefits as they rigorously set issues
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for collective debates while bringing normative framework parallel to the interests of the dominant states
(Chimni, 2006). This kind of organized facilitation of agenda spreading not only promotes bias but also
insults the integrity of the debates to purposefully come up with arguments worth considering that is not
premeditated based on the interests of the influential states.

International law also draws its legitimacy from the problematization of the third world states capacity to
govern its own using blame. Powerful countries put themselves on the moral high ground as they portray
third world countries, more specifically African countries, incapable of good governance with which they
use a rationale why internal conflicts and human rights violation occur within these states without the
consideration of other factors such as international economic and political structures play in prolonging
the dependency of the third world peoples and making conflict within them (Chimni, 2006). This presents
merely reflections that the powerful nations must take into account since their narratives cannot only be
the sole basis of how the world goes according what they perceive. Another idea worth mentioning is the
matter of development. The powerful states have brought into the territories of the third world the ideas
of development which does coincide with the local needs of the peoples. It is high time for the poor peoples
of these third world countries to acquire realize their aspirations to greater choices and higher standard of
life whether it be in a non-modern fashion as opposed to what the west think should be the current trend.
It is likewise another way of the powerful states to impose their own perspective of solution to use force
masked in international law’s acceptable measures such as the dominant states’ use of force in their
humanitarian interventions which do not appear to be inhibited by the norms of international as such case
in the US Intervention in Nicaragua and the Gulf War (Chimni, 2006).

The resistance of the oppressed is hardwired to the struggles of victims of unjust and abusive international
laws. One loophole in the international law is its lack of police power to implement and facilitate its agreed
norms, therefore, there is an absence of an effective measure to impose accountability for every member
states who violates the law. Dominant states benefit so much from this as they usually have the confidence
to breech the norms. This only opens up the possibility of pitfalls on the ‘endlessly repeated play of
dominations’ (Chimni, 2006). Therefore, it is only necessary that story of resistance must be an integral
part of the narration of international law.
There are so many points for discussion on the matter of international law disserving the third world
peoples. What perhaps could be done are more critical discussions on the fault lines of international law
which can be managed properly to resolve the difficulties it brings to the third world. Would it be not the
high time to increase transparency and accountability of international institutions? Increase accountability
of transnational corporations? Conceptualize permanent sovereignty as rights of people and not states?
Make effective use of language rights? Inject people’s interests on non-territorialized legal orders? Protect
monetary sovereignty through international law? Ensure sustainable development with equity?

4. INTERNATIONAL LAW AND THE FEMINIST APPROACHES

Half of the world’s population today is comprised by women and girls rendering them to be half of the
world’s potential (UN, 2018). However, violence, discrimination, and oppression against women and girls
are still rampant at this day and age. States and international institutions are ought to protect this other
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half of the global population. But why is it despite the presence of such authorities and agents of change,
the undervaluing of women girls and their under-representation in the international fora still fails to
subside? This, as worded by the United Nations Secretary-General, Antonio Guterres, is our ‘finished
business’, and perhaps even the most challenging human rights adversary of our world today.

Equality is not women merely being par with men but as “freedom from systematic subordination because
of sex (Charlesworth, Chinkin, & Wright, 1991).” Patriarchy might still be deeply rooted today, but this
is not solely the reason for the unprogressive evolution of women’s rights and worth. By taking women
seriously and acknowledging their experiences and perspective, citizens as a system will venture into some
next level progress. It is high time that women should be allowed to unleash their potential capacity to
change the direction of global development, and this is positively feasible through the feminism and its
approach. The public understands feminism as simply the assertion of women’s rights and promotion of
gender equality. However, its value is more than so, especially in the realm of international law. ‘Feminism
is a mode of analysis, a method of approaching life and politics, a way of asking questions and searching
for answers, rather than a set of political conclusions about the oppression of women’ (Charlesworth,
Chinkin, & Wright, 1991).

Critiques, however, lay down the complexity of achieving one feminist voice which should help aggregate
all the voices of oppressed women around the world to be the difference in voice through the global north
and south divide. Ideologies of feminist block from the first world significantly differ from the ideologies
of feminist block – as first world feminists fight for causes such as reproductive health issues, equality on
labor and wages, third world feminist push for women rights on basic education, freedom to practice one’s
choice of belief and religion and the like. Unifying the voices of these women with varying urgent of
needs can be a tough obstacle on its way to thrusting against the biases and impediments on their quest
for the longed support and acceptance in the international system.
Despite aggregation issues on the global sphere of feminist approach, feminist movements remain a
compelling force if the world is to evolve and become more inclusive and accepting of the marginalized
members of the global community dominate by powerful men of authority around the world. After all, it
is ‘men’s bias against women as can be seen in international law is what has set forth the feminist agenda’
(Charlesworth, Chinkin, & Wright, 1991). It is this striking underrepresentation of women in both major
aspects of international system – states and international institutions, which prolongs the struggle of
women on being heard and accepted in the major decision making and development processes. The default
patriarchal practices of states only warrants the exclusion of women from fulfilling these roles that even
in international institutions such as the United Nations, ‘gender racism’ can be observed despite the
presences of Article 8 in the UN Charter which safeguards the legitimacy of women as permanent staff
member of international organizations (Charlesworth, Chinkin, & Wright, 1991). These can be seen on
the statistical account of the number of women able to sit in high ranking positions at different sectors of
international organizations under the United Nations umbrella.

The normative structure of international law and its institutions is a factor in perpetuating exclusion of
women in both the decision making and legislation. This has allowed issues on women to be ignored or
undermined since international law limitedly moves through public spaces thus, issues on the private
boundaries concerning women such as spousal abuse, domestic violence and subordination is already left
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imaginary ears to hear (Charlesworth, Chinkin, & Wright, 1991). Ironically, international protect
everyone’s freedom from torture as a norm or customary international law just like the prohibition on
slavery. But what difference does the violence and abuse in the domestic household level make compared
to ‘torture’ and ‘slavery’? Here, the normative structure of international law plays its role as it crucially
identifies the former to be in the private realm, and the latter, public realm. It is this very distinction in
action when international law disserves women contrary to what it should be revolutionizing for them.

Although international law was constructed mostly by men, and gender representation is not of top
priority, the million-dollar question is if the system can be rewritten with careful consideration including
the missing aspects and contexts from different sections of the society for international law to become
more inclusive and opposite to what feminist and third world scholars claim: oppressive of women and
third world. “Only where international law is considered directly relevant to individuals, as with human
rights law, have some specifically feminist perspectives on international law begun to be developed
(Charlesworth, Chinkin, & Wright, 1991).” There are more to refine in this system of law in the name of
genuine equality for all. With the consideration of legal feminist theory, progressive development of
international law is likely to be achieved.

It is, however, worth noting that some branches of international law have started recognizing and aiding
to the needs and issues of women today while some International Labor Organization likewise focused on
these. Women’s convention, a treaty which acknowledges the undergoing of women globally has been
adopted by the United Nations General Assembly and ratified by 189 state parties. The treaty notes three
dimensions of the situations of women such civil rights, human reproduction, and with the widest attention
to legal status (UNGA, 1979). It also follows that international law is not only moving against the direction
of feminist approach but also bridging the possibility of creating a world of equality and justice to the
excluded half of the world’s citizen today.

5. CONCLUSION
Oppression of the weak from the smallest domestic scope to the largest international sectors is undeniably
present even in the bodies which are supposed to counter them such as states and international institutions.
It is then the duty of international law and its actors to persevere in pushing for the mitigation of these
cruelties to minorities of the global community not only to give hope for their future as but also as part of
attaining a world of higher standard of living and principles on the side of the powerful. It is after all, as
it should be, a collaborative world rather than the ‘dog-eat-dog’ kind.

“It is not enough to show that there exist certain compelling reasons (Fatouros, 1964).” Third world
countries and feminism has certainly needs to break chains if they must in broadening the coverage of
international laws’ protection for their rights in transforming the international system into a scheme
equality, equity, and justice for all. Likewise, the globalizing international law should enumerate more
collective strategies with the notion of ‘creating a world order based on social justice (Chimni, 2006).
Invoking of international law norms for women and substituting legal terms in the United Nation Charter
to manifest support for equality on the legislative and executive aspects of the law should refine the
system.
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Aggregation and management of voices among sectors of third world and feminist movements should
likewise be prioritized to derive with outputs that are spelled using the experiences of diverse weak actors
in the international law. Otherwise, this whole movement of transforming system to a better version of
itself would be construed based on the domination of the loudest voice, which, the whole cause was trying
to mitigate in the first place.

In this fight for revolutionizing international law, third world and feminist approaches should prioritize
promoting more debates on the subject of oppressive tendencies of international system through the rule
of global law rather than constructing some sharp definitive statements which serves immaterial benefits
to the cause. After all, it should not be buried in time that ‘international law is an instrument of formalized
institutions to secure the rights of everyone’ (Chimni, 2006).
.

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