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Decolonizing Law (LAWS0335)

This module looks at whether and how law can be ‘decolonized’

This module considers whether and how law can be ‘decolonized’, through a detailed consideration of, a) colonial and post-colonial history and theory, b) the application of post-colonial ideas to international law in particular, c) the substantive issues of redress and reparation for colonialism and other equivalent forms of domination, both in and of themselves, and the abuse and exploitation associated with them. Case studies considered include the ‘Rhodes must fall’ movement; the Caribbean campaign for reparations for slavery and the slave trade; and the return of artefacts from museums, art galleries and universities.

Aims

•    To provide students with an informed, accurate, up-to-date and comprehensive treatment of the course topic.
•    To address the topic in an interdisciplinary fashion that draws on ideas from cognate fields to law.
•    To link and apply academic ideas to practical situations, and to their representation in popular culture and to the general public.
•    To follow and integrate treatment of contemporary developments on the topic.
•    To deliver the course in a manner that is highly innovative and interactive in terms of teaching methods and assessment modalities.  
In particular:
•    to integrate representations of different aspects of the course topic in popular culture and public media, and insights from those working on such aspects, throughout the course;
•    restrictions permitting, to engage in occasional field visits in London to sites and events relevant to the topic, and to integrate insights from these visits into the classroom discussions;
•    to provide a range of formative and summative assessments that enable accurate and fair treatment across students while incorporating a range of diverse options including activities that involve public engagement. 

Outcomes

A student who has successfully completed the module should:
•    be proficient, at a sophisticated level, in understanding and applying the relevant areas of international law, notably third world approaches to international law, and relevant cognate disciplinary approaches including political theory, notably post-colonial theory, and the history of colonialism and imperialism;
•    have a greater appreciation of the underlying issues of policy at stake on the topic, such as the question of intergenerational responsibilities, anti-racism and anti-imperialism, and how they mediate, and are mediated by, the legal framework;
•    have a more advanced ability to engage in critical analysis generally and critical analysis of law in particular, notably when it comes to the role of law in undergirding oppression and its emancipatory potential;
•    have a more sophisticated understanding of, and aptitude for, the law and relevant cognate disciplines in general;
•    be able to recall, and write in a sophisticated, informed, lucid and concise manner about, the ideas covered in the course;
•    be more ready to play a responsible and ethical role in society in general and the workplace in particular, by being equipped with relevant ideas, notably concerning combatting inequality, racism, and imperialism, and the ability to apply these ideas to practical situations and social interactions, and more generally being better able to engage in critical.

Module Syllabus

This module is subject to change.
The course will cover the following general topics:
•    Decolonizing the curriculum, ‘Rhodes must Fall’, theories of decoloniality and modernity
•    Post-colonial theory generally, and post-colonial/third world approaches to international law
•    Other relevant legal and political theory: critical theory generally; critical race theory; feminist theory; transitional justice; theories of redress, restitution, reparation and ‘apologies’; inter-generational justice; inter-temporal law.
•    Colonial and post-colonial history
•    The central relevant features and legal regimes of the international legal and institutional system, including colonial law, the law of self-determination, human rights law

The course will cover the following case studies, and where relevant, associated cases and ‘apologies’ (subject to change):

•    Reparations for slavery and the trade in enslaved people, e.g. the CARICOM initiative
•    The question of the return of artefacts in museums, art galleries and universities
•    University endowments linked to colonialism and slavery
•    Migration and decolonization
•    South-West Africa/Namibia: a) The Herero Massacre and associated German apology, b) South Africa’s refusal to provide for self-determination, and introduction of apartheid in the territory
•    UK policies during colonialism and in decolonization with ongoing legacies: 
o    The Palestine Mandate – Balfour Declaration; conduct of Mandate administration
o    Mau Mau rebellion in Kenya – abuses, concentration camps (cases and apology)
o    The dispossession of the Chagos people by the UK (various cases including Advisory Opinion of the International Court of Justice)
    
•    Current Ongoing colonial situations (subject to change):
•    Moroccan occupation of Western Sahara
•    Israel and Palestine
•    Remaining European and US colonies and sovereign ‘overseas’ territories

Recommended Materials

Module reading lists and other materials will be provided via online module pages, once students have selected the course on enrolment.

Preliminery Reading

There is no preliminary reading required, but students who wish to get a taste of some of the ideas that will be covered in the course can dip into the following:
•    Chaudhuri, Amit. (2016) ‘The real meaning of Rhodes Must Fall’, The Guardian, available online: https://www.theguardian.com/uk-news/2016/mar/16/the-real-meaning-of-rhod...
•    Anghie, A, Imperialism, Sovereignty and the Making of International Law (CUP, 2005)
•    Mignolo, W. D. ‘Modernity and Decoloniality’, Oxford Bibliographies, available online: http://www.oxfordbibliographies.com/abstract/document/obo-9780199766581/...

Key information

Module details
Credit value:45 Credits (450 learning hours)
Convenor:Ralph Wilde
Other Teachers:None
Teaching Delivery:Face to Face Seminar
Who may enrol:LLM Students Only
Prerequisites:

None

Must not be taken with:None
Qualifying module for:LLM in Human Rights Law;
LLM in International Law; 
LLM in Jurisprudence and Legal Theory; 
LLM in Law and Social Justice; 
LLM in Legal History
Assessment
Practice Assessment:TBD
Final Assessment:

3,000 Word Essay (70%)

Output for Audience (30%)