A CRITICAL PERSPECTIVE ON THE HISTORY OF INTERNATIONAL LAW: ORIGINS AND FUTURE

Abstract

This article offers a critical review of the history of international law, questioning its Eurocentric and state-centric foundations. From the perspective of Third World Approaches to International Law (TWAIL), it highlights the constitutive role of colonialism in shaping the international legal order, particularly in doctrines such as sovereignty. It examines the work of Francisco de Vitoria, who articulated a dynamic of difference that served to justify the subordination of Indigenous cultures. This paper also examines critical Latin American contributions, particularly those of Liliana Obregón, Arnulf Becker Lorca, and Luis Eslava, who demonstrate how Creole elites appropriated elements of European international law to secure recognition while simultaneously reproducing internal hierarchies that marginalized Indigenous peoples. In addition, it considers the reconfiguration of international law through the incorporation of human rights and non-state actors. Finally, it is concluded that, despite efforts at transformation, international law remains anchored in its colonial foundations, making it necessary to promote a profound transformation from the Global South, particularly from those states located in the peripheral and semi-peripheral positions of the international system.