The Wretched of the Global South Critical Approaches to International Human Rights Law

The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in “Race, Rights and Rebels”, the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for “a new start”, “a new way of thinking”, and for the creation of a “new man”, it is pertinent to trigger a human rights project from the below.

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Introduction by editors.- The discursive dissociation of human rights and justice: Experiences of Afro-Colombian displaced women from Colombia.- Seeking intersectionality in the Inter-American System jurisprudence on land rights.- The rights of indigenous and quilombola communities in the context of environmental challenges in Brazil.- The Struggles for Corporate Accountability in the UN: A Global South Perspective.- Strategies for Including LGBT as an “Ethnical Group” under the Genocide Article of the Rome Statute.- Prior consultation in Colombia and its postcolonial legacies: an exclusion/inclusion policy.- Impacts of Sinosphere on ensuring equal rights of ethnic minority women in Southeast Asian countries: Barriers, challenges and recent developments.- Human Rights as a calculus of unfreedom.- Manual Scavenging as an Unhygienic Occupation: An Untold Story.- Analysing the Symbiotic Relation Between the Concept of Resistance and Counter-hegemonic Practices of Human Rights.- The Utility of International Law in Solving the Palestinian Question Insights from Complexity Theory.- Using Law to Prevent Further Unequal Access to Food in North Korea.- Vernacularising Human Rights in ASEAN Regionalism.- A Critical Appraisal of The Human Rights Based Approach to NCD Prevention and Control in the Caribbean Region.- International Criminal Court: A Critical Analysis.- Contradictions and opportunities for national liberation in human rights law and practice.

Dr. Thamil Venthan Ananthavinayagan, LL.M. (Maastricht University), Ph.D. (NUI Galway), is former human rights academic at the University of Nottingham/UK, and currently serves as Assistant Principal and Senior Legal Advisor to the Minister of Justice, Republic of Ireland. He is also an Adjunct Professor in Law at the Woxsen University, India. Prior to this position, he worked as university teacher for public international law, international human rights law, international humanitarian law and international criminal law at various Irish universities from October 2013– December 2020. He worked as Fellow and Research Assistant at the Irish Centre for Human Rights in Galway, Ireland. His doctoral research focused on the engagement of Sri Lanka with the United Nations human rights machinery. Before his occupation at the Irish Centre for Human Rights, he studied law at the universities of Bonn and Marburg (Germany) and Maastricht University (The Netherlands). Subsequently, he hadworked at different research institutions, universities, politicians, and policymakers in Bonn, Düsseldorf and Berlin, Germany. Finally, he worked as junior lawyer for the tenants association in Bonn, Germany. He is an expert on human rights and decolonization, having delivered guest lectures at think tanks, international organizations and universities around the world at, inter alia, Berlin, Bologna, Braga, Dublin, Edinburgh, Galway, Geneva, Hong Kong, London, New Delhi, Padova, Pisa, Seattle, Seoul, Singapore, Kathmandu, Warwick, and Leicester. He has written on numerous issues regarding international human rights law, decolonization and United Nations.

Dr. Amritha Viswanath Shenoy is Assistant Professor at Kathmandu School of Law. She pursued Ph.D. from Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi, India. Her Ph.D. thesis is titled “International Law in Pre-Independent India: From Ancient Times till 1947”. She teaches international law and human rights in Kathmandu School of law.