Human Rights Legal History International Law

The International Legal Order's Colour Line: Racism, Racial Discrimination, and the Making of International Law

By William A. Schabas
Oxford University Press September 2023

Specifications

ISBN-13
9780197744475
Publisher
Oxford University Press
Publication
September 2023
Format
Hardback

Details

Prior to the twentieth century, international law was predominantly written by and for the 'civilised nations' of the white Global North. It justified doctrines of racial inequality and effectively drew a colour line that excluded citizens of the Global South and persons of African descent from participating in international law-making while subjecting them to colonialism and the slave trade.

The International Legal Order's Colour Line narrates this divide and charts the development of regulation on racism and racial discrimination at the international level, principally within the United Nations. Most notably, it outlines how these themes gained traction once the Global South gained more participation in international law-making after the First World War. It challenges the narrative that human rights are a creation of the Global North by focussing on the decisive contributions that countries of the Global South and people of colour made to anchor anti-racism in international law. After assessing early historical developments, chapters are devoted to The League of Nations, the adoption and implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the debates within UNESCO on the notion of race itself, expansion of crimes against humanity to cover peacetime violations, as well as challenges to apartheid in South Africa. At all stages, the focus lies on the role played by those who have been the victims of racial discrimination, primarily the countries of the Global South, in advancing the debate and promoting the development of new legal rules and institutions for their implementation.

The International Legal Order's Colour Line provides a comprehensive history and compelling new approach to the history of human rights law.

Table of Contents

Chapter 1. 'Civilised Nations' and the Colour Line
Chapter 2. The Great War and the Fragile Peace
Chapter 3. Mandates, Minorities, and the League of Nations
Chapter 4. The United Nations Charter
Chapter 5. Early Years of the United Nations
Chapter 6. The International Bill of Rights
Chapter 7. UNESCO: Fighting the Doctrine of Racial Inequality
Chapter 8. Colonialism and Neo-colonialism at the United Nations
Chapter 9. The International Convention on the Elimination of All Forms of Racial Discrimination
Chapter 10. Apartheid
Chapter 11. Racial Discrimination as a Crime against Humanity
Chapter 12. Days, Years, Decades, and Conferences on Racial Discrimination
Chapter 13. The Colour Line's Long Twentieth Century
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