Abstract
The Fourth World Approach to International Law (‘FWAIL’) is the new formation of a critical methodology for analysing the international law framework. The idea of ‘us’ in international law, paves the way for the discrimin ation of the ‘others’ in international law. The Third World Approach to International Law (‘TWAIL’) though claiming to include all the ‘others’ of international law, fails to include the concerns of all the marginalised and excluded ‘others’. TWAIL is focused on these ‘others’ as a homogenous group and thereby neglects the marginalisation of the marginalised. FWAIL insists on the development of a new language of international law that can accommodate and assimilate the vocabulary of these neglected ‘nations’ scattered amongst ‘states’. FWAIL argues that the frame of reference of the observer to analyse international law must be changed from the perspective of other worlds to the fourth- world perspective, and only then can it recognise their plight, giving them proper recognition and a framework of rights at both domestic and international levels.
Recommended Citation
Tayal, Vineet
(2024)
"The Fourth World Approach: A Challenge or an Extension to TWAIL?,"
National Law School of India Review: Vol. 35:
Iss.
2, Article 12.
DOI: 10.55496/ZGDL1860
Available at:
https://repository.nls.ac.in/nlsir/vol35/iss2/12
Digital Object Identifier (DOI)
10.55496/ZGDL1860
