Hostname: page-component-cd9895bd7-dzt6s Total loading time: 0 Render date: 2024-12-26T08:19:12.716Z Has data issue: false hasContentIssue false
  • English
  • Français

Fourth World Approaches to International Law (FWAIL) and Asia's Indigenous Struggles and Quests for Recognition under International Law

Published online by Cambridge University Press:  31 May 2018

Hiroshi FUKURAI
Hiroshi FUKURAI*
Affiliation:
University of California, Santa Cruz
Get access Rights & Permissions [Opens in a new window]

Abstract

The indigenous and Fourth World communities in multiple Asian regions are again making noises. As the incoming ALSA president, I wish to offer a new perspective called the Fourth World Approaches to International Law (FWAIL) to understand the nature of pandemic indigenous people’s struggles for independence in Asia, to examine sociopolitical and historical roots of regional conflicts around many Asian peripheries, and to explore the contour of the social and political path for the recognition of indigenous rights for political sovereignty and independence under international law. Further, FWAIL is offered to give an active voice to indigenous people who have been victimized by predatory policies of the state system and international law, and to build a culture of collective resistance and opposition to hegemonic Western domination in the region. FWAIL also provides the framework to seek self-determination through activism, organizing, and negotiations with the state, in addition to the use of domestic law and international law. Furthermore, FWAIL is offered to give an alternative vision for the preservation of biodiversity and natural environment necessary for the survival of the human race in the coming generations in Asia.

Keywords

international lawindigenous strugglesTWAILFourth WorldAsia
Type
2017 Annual Conference of the Asian Law and Society Association
Information
Asian Journal of Law and Society , Volume 5 , Issue 1 , May 2018 , pp. 221 - 231
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 2018 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

Hiroshi Fukurai is the President of the Asian Law and Society Association (ALSA) and Professor of Sociology and Legal Studies at the University of California, Santa Cruz, USA. The author thanks Professor Setsuo Miyazawa for having served as the inaugural president of the ALSA from 2016 to 2017. The great appreciation was also extended to Professors Chih-Chieh “Carol” Lin, Mong-Hwa Chin, Shang-Jyh Liu, and other staff and students at the National Chiao Tung University in Taiwan, who made the second ALSA conference in December 2017 a great success. Correspondence to Hiroshi Fukurai, Professor of Sociology & Legal Studies, University of California, Santa Cruz, CA, USA. E-mail address: [email protected].

References

REFERENCES

Amnesty International (2017) Amnesty International Report 2016/17: The State of the World’s Human Rights, London: Amnesty International.Google Scholar
Anghie, Antony (2004) Imperialism, Sovereignty, and the Making of International Law, Cambridge: Cambridge University Press.Google Scholar
Anghie, Antony, & Chimni, B. S. (2003) “Third World Approaches to International Law and Individual Responsibility in Internal Conflicts.” 2 Chinese Journal of International Law 77–103.Google Scholar
Aoki, Mizuho (2013) “Okinawans Explore Secession Option: Academics See Need for People to Regain, Pride, Identity, Culture,” Japan Times, 11 July.Google Scholar
Arizona, Yance (2016) “Becoming Indigenous Citizen: Indigenous Subjectivity and Constitutional Adjudication in Indonesia” Presented at the Inaugural ALSA Conference, National University of Singapore, 23 September 2016.Google Scholar
Chimni, B. S. (2006) “Third World Approaches to International Law: A Manifesto.” 8 International Community Law Review 3–27.CrossRefGoogle Scholar
Churchill, Ward (2001) A Little Matter of Genocide: Holocaust and Denial in the Americas 1492 to the Present, San Francisco: City Lights Publishers.Google Scholar
Churchill, Ward (2002) Struggle for the Land: Native North American Resistance to Genocide, Ecocide, and Colonization, San Francisco: City Lights Publishers.Google Scholar
Doherty, Ben, & Lamb, Kate (2017) “Banned West Papua Independence Petition Handed to UN,” The Guardian, 17 September.Google Scholar
Eslava, Luis, & Pahuja, Sundhya (2012) “Beyond the (Post) Colonial: TWAIL and the Everyday Life of International Law.” 45 Journal of Law and Politics 195–221.Google Scholar
Fukurai, Hiroshi (2010) “People’s Panels v. Imperial Hegemony: Japan’s Twin Lay Justice Systems and the Future of American Military Bases in Japan.” 12 Asian-Pacific Law and Policy Journal 1–95.Google Scholar
Fukurai, Hiroshi (2016) “Nation vs. State: Fourth World Approaches to International Law (FWAIL) and the Search for the Sovereignty and Autonomy of Okinawans in Asia and the World” Presented at the 2016 ALSA Conference in Singapore, National University of Singapore, 22 September 2016.Google Scholar
Gathii, James (2011) “TWAIL: A Brief History of Its Origin, Its Decentralized Network, and a Tentative Bibliography.” 3 Trade, Law & Development 26–64.Google Scholar
Gocke, Katja (2014) “Indigenous People in the Nuclear Age: Uranium Mining on Indigenous Lands,” in J. L. Black-Branch & D. Fleck, eds, Nuclear Non-Proliferation in International Law, The Hague: T.M.C. Asser Press, 199–224.Google Scholar
Goldman, Michael (1998) Privatizing Nature: Political Struggles for the Global Commons, London: Pluto Press.Google Scholar
Griggs, Richard (1992) The Meaning of “Nation” and “State” in the Fourth World, Olympia: Center for World Indigenous Studies.Google Scholar
Hall, Anthony J. (2005) The American Empire and the Fourth World, Kingston: McGill Queen’s University Press.Google Scholar
Hall, Anthony J. (2010) Earth into Property: Colonization, Decolonization, and Capitalism, Kingston: McGill Queen’s University Press.Google Scholar
Human Rights Watch (2017) World Report: 2017 Events of 2016, New York: Human Rights Watch.Google Scholar
Ibrahim, Azeem (2016) The Rohingyas: Inside Myanmar’s Hidden Genocide, London: C. Hurst & Co. Publisher.Google Scholar
Ibrahim, Azeem (2017) “Why the Rohingya Can’t Yet Return to Myamnar,” New York Times, 6 December.Google Scholar
Koskenniemi, Martti (2001) The Gentle Civilizer of Nations: The Rise and Fall of International Law, Cambridge: Cambridge University Press.Google Scholar
Kyodo (2017a) “Ex-U.S. Base Worker Appeals Life Sentence for Killing Okinawa Woman,” Japan Times, 12 December.Google Scholar
Kyodo (2017b) “Japan Wants U.S. Choppers Grounded as Accident in Okinawa Leaves LDP Reeling Ahead of Election,” Japan Times, 13 October.Google Scholar
LaDuke, Winona (1983) “Natural to Synthetic and Back Again,” in W. Churchill, ed., Marxism and Native Americans, Boston: South End Press, i–viii.Google Scholar
MacKey, Robert (2009) “Pakistan’s British-Drawn Borders,” New York Times, 2 May.Google Scholar
Malcolm, X (1965) Malcolm X Speaks: Selected Speeches and Statements, New York: Grove Weidenfeld.Google Scholar
Manuel, George (1974) The Fourth World: An Indian Reality, Ontario: Collier-Macmillan.Google Scholar
Mutua, Makau (2000) “What is TWAIL?” 94 American Society of International Law Proceedings 31–39.Google Scholar
Natarajan, Usha, Reynolds, John, Bhatia, Amar, & Xavier, Sujith (2017) Third World Approaches to International Law: On Praxis and the Intellectual, London: Routledge.Google Scholar
Siddique, Abubakar (2014) The Pashtun Question: The Unresolved Key to the Future of Pakistan and Afghanistan, London: C. Hurst & Co. Publisher.Google Scholar
Sovacool, Benjamin K., Sidortsov, Roman V., & Jones, Benjamin R. (2013) Energy Security, Equality and Justice, London: Routledge.CrossRefGoogle Scholar
Tan, See Seng, & Acharya, Amitav (2008) Bandung Revisited: The Legacy of the 1955 Asian-African Conference for International Order , Chicago: Chicago University Press.Google Scholar
Villamor, Felipe (2017) “Philippines Extends Martial Law in South for Another Year,” New York Times, 13 December.Google Scholar
Vine, David (2015) Base Nation: How U.S. Military Bases Abroad Harm America and the World, New York: Henry Holt & Company.Google Scholar
Yamaguchi, Mari (2017) “Okinawa Boy Injured After Window Fell Off U.S. Marine Helicopter,” USA Today, 13 December.Google Scholar
Zucchino, David (2017) “After the Vote, Does the Kurdish Dream of Independence Have a Chance?,” New York Times, 30 September.Google Scholar