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Una Mirada Crítica a la Historia del Derecho Internacional: Orígenes y Futuro

Matamoros, Anny LU (2025) In Revista de Derecho - Universidad Nacional Autónoma de Honduras 46. p.139-151
Abstract
This article offers a critical review of the history of international law, questioning its Eurocentric and state-centric foundations. From the perspective of Third World Approaches to International Law (TWAIL), it highlights the constitutive role of colonialism in shaping the international legal order, particularly in doctrines such as sovereignty. It examines the work of Francisco de Vitoria, who articulated a dynamic of difference that served to justify the subordination of Indigenous cultures. This paper also examines critical Latin American contributions, particularly those of Liliana Obregón, Arnulf Becker Lorca, and Luis Eslava, who demonstrate how Creole elites appropriated elements of European international law to secure... (More)
This article offers a critical review of the history of international law, questioning its Eurocentric and state-centric foundations. From the perspective of Third World Approaches to International Law (TWAIL), it highlights the constitutive role of colonialism in shaping the international legal order, particularly in doctrines such as sovereignty. It examines the work of Francisco de Vitoria, who articulated a dynamic of difference that served to justify the subordination of Indigenous cultures. This paper also examines critical Latin American contributions, particularly those of Liliana Obregón, Arnulf Becker Lorca, and Luis Eslava, who demonstrate how Creole elites appropriated elements of European international law to secure recognition while simultaneously reproducing internal hierarchies that marginalized Indigenous peoples. In addition, it considers the reconfiguration of international law through the incorporation of human rights and non-state actors. Finally, it is concluded that, despite efforts at transformation, international law remains anchored in its colonial foundations, making it necessary to promote a profound transformation from the Global South, particularly from those states located in the peripheral and semi-peripheral positions of the international system. (Less)
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author
organization
alternative title
A Critical Examination of the History of International Law: Origins and Future Trajectories
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human rights, Mänskliga rättgheter
in
Revista de Derecho - Universidad Nacional Autónoma de Honduras
volume
46
pages
12 pages
ISSN
2521-5159
language
Other
LU publication?
yes
id
84dd38bc-cb27-46c8-bc19-826ff6aa2a08
date added to LUP
2026-01-03 11:26:31
date last changed
2026-01-07 10:11:55
@article{84dd38bc-cb27-46c8-bc19-826ff6aa2a08,
  abstract     = {{This article offers a critical review of the history of international law, questioning its Eurocentric and state-centric foundations. From the perspective of Third World Approaches to International Law (TWAIL), it highlights the constitutive role of colonialism in shaping the international legal order, particularly in doctrines such as sovereignty. It examines the work of Francisco de Vitoria, who articulated a dynamic of difference that served to justify the subordination of Indigenous cultures. This paper also examines critical Latin American contributions, particularly those of Liliana Obregón, Arnulf Becker Lorca, and Luis Eslava, who demonstrate how Creole elites appropriated elements of European international law to secure recognition while simultaneously reproducing internal hierarchies that marginalized Indigenous peoples. In addition, it considers the reconfiguration of international law through the incorporation of human rights and non-state actors. Finally, it is concluded that, despite efforts at transformation, international law remains anchored in its colonial foundations, making it necessary to promote a profound transformation from the Global South, particularly from those states located in the peripheral and semi-peripheral positions of the international system.}},
  author       = {{Matamoros, Anny}},
  issn         = {{2521-5159}},
  keywords     = {{Human rights; Mänskliga rättgheter}},
  language     = {{mis}},
  pages        = {{139--151}},
  series       = {{Revista de Derecho - Universidad Nacional Autónoma de Honduras}},
  title        = {{Una Mirada Crítica a la Historia del Derecho Internacional: Orígenes y Futuro}},
  volume       = {{46}},
  year         = {{2025}},
}