From the Margins to the Centre? Evaluating the Influence of TWAIL on International Legal Scholarship and Practice

Project: Internal Research Project

Project Details

Fund Amount (RMB)

99000

Description

Over the past 25 years, Third World Approaches to International Law (TWAIL) has emerged as a
critical intellectual movement challenging the historical foundations and power structures of
international law (Mickleson, 2008). TWAIL scholars argue that international law has historically
functioned as an instrument of colonialism and continues to perpetuate inequalities between the
Global North and South (Anghie, 2004). By centring the experiences of formerly colonised states
and marginalised populations, TWAIL provides an alternative framework for understanding
sovereignty, development, and global governance (al Attar, 2020). While its critiques have been
widely acknowledged, the extent to which TWAIL has influenced international legal scholarship
and practice remains underexplored in empirical terms. This project seeks to address that gap.

Existing research on TWAIL’s impact has been largely qualitative, focusing on theoretical
contributions and doctrinal critiques (Okafor, 2008). However, there has been little systematic
analysis of how TWAIL scholarship circulates, influences debates, and shapes academic and
institutional discourses in international law. Citation patterns, network analysis, and empirical
methods have rarely been applied to measure its scholarly influence. Furthermore, while certain
TWAIL scholars—such as Antony Anghie, B.S. Chimni, and Makau Mutua—are widely
recognised, there is limited empirical data on how their work is engaged by the broader international legal community. Additionally, while TWAIL has influenced legal pedagogy and some institutional discussions, the extent of its practical impact on judicial decisions, policy-making, and international legal institutions remains contested (al Attar, 2021).

This study will fill this research gap by employing a mixed-methods approach. It will map TWAIL
scholarship quantitatively using network analysis and bibliometric research, identifying key
scholars, citations, and influence patterns (Gathii, 2021). It will also examine how TWAIL has
shaped international legal debates through survey research with legal academics and qualitative
interviews with leading TWAIL scholars. By integrating quantitative and qualitative methodologies,
the project will provide a rigorous, empirical assessment of TWAIL’s influence. Ultimately, this
study will help determine whether TWAIL has meaningfully shifted the centre of international legal
scholarship or whether it remains at the margins of mainstream legal thought (Gathii, 2011). The
findings will form a crucial chapter in my forthcoming book on TWAIL (contracted to OUP),
contributing to both academic discourse and legal practice.
StatusActive
Effective start/end date1/06/251/09/27