Anthony Ghaly (UC Berkeley School of Law) has posted Critical Race Theory and Third World Approaches to International Law (Anthony Ghaly, Critical Race Theory and Third World Approaches to International Law in, KHIARA M. BRIDGES, CRITICAL RACE THEORY: A PRIMER (2d ed. forthcoming 2026)) on SSRN. Here is the abstract:
Soon after its founding, Third World Approaches to International Law (TWAIL) scholars began engaging in questions related to the role of race as a subordinating logic within the international legal order and, inversely, the role of international law in reproducing racial hierarchies in global and domestic contexts. Although explicit invocations of Critical Race Theory (CRT) within scholarship that self-identifies as operating within the TWAIL framework seemed to have stalled for several years, engagement between the two fields has recently enjoyed a revival. Part I of this Feature provides a brief history of the interactions between CRT and TWAIL scholarship since the turn of the century and, in keeping with the recent reappraisal, highlights how we might best understand the two approaches as corollary critical traditions in legal scholarship. Part II outlines key synergies between the two movements and proffers several explanations as to why scholarship investigating race and racialization in international law went missing. Part III offers a final reflection on the relationship between CRT and TWAIL in current and future work.
Highly recommended.