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10 - Universal and European

Cultural Diversity in International Law

from Part IV - Constitution and Contestation

Published online by Cambridge University Press:  25 December 2019

Andrew Phillips
Affiliation:
University of Queensland
Christian Reus-Smit
Affiliation:
University of Queensland
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Summary

Discriminating between alternative cultural forms, when for example, determining the conditions under which international legal subjectivity is recognized to some human groupings – states – but not to others – indigenous peoples – international law structures cultural diversity. Structuring cultural diversity in the international order, international law, however, does not operate in a cultural vacuum. Its own social institutions discipline diversity in international legal thought and practice, structuring international legal culture. This chapter explores the use of ideas and images about universality and about Western particularity in international legal argumentation to show the multiplicity of conflicting and heterogeneous meanings and practices that constitute international legal culture.

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Publisher: Cambridge University Press
Print publication year: 2020

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