Reconstructing Economic Self-Determination from the Third World Approach to International Law

Main Article Content

M. Ya'kub Aiyub Kadir
https://orcid.org/0000-0002-8765-4263

Abstract

International Law governing the relationship between states has been considered failed in reformatting the principle of economic self-determination (ESD) as a continual link of political self-determination in the post decolonisation era. Such situation has placed the principle to be a vague concept in terms of its meaning and application in current international law. Such situation has contributed to continual economic dependency of the Third World (TW) states on the first world as considered the more developed states. TW states face difficulty to develop their argument to demonstrate people national interest in current international economic context. Having utilised doctrinal and TWAIL approach, this paper argues that there has been a potential meaning of ESD which can be developed from fragmentation of documents in international law, particularly in the United Nations General Assembly Resolutions (UNGA resolutions), the Law of State Succession and the International Human Rights law. This meaning then shapes the fragmented sources to be a principle for TW to be used in their international economic relation, particularly in settling economic dispute relations with Western states

Article Details

How to Cite
Kadir, M. Y. A. (2023). Reconstructing Economic Self-Determination from the Third World Approach to International Law. Journal of Law and Legal Reform, 4(4), 549-576. https://doi.org/10.15294/jllr.v4i2.63272
Section
Research Article
Author Biography

M. Ya'kub Aiyub Kadir, Universitas Syiah Kuala

Ya’kub Aiyub Kadir,  is a lecturer at the Law faculty of Syiah Kuala University, Indonesia. He earned his PhD  in international law from the Anglia Ruskin University, United Kingdom. Prior to joining Syiah Kuala University, he actively involved in various humanitarian works in several agencies post-earthquake and tsunami in Aceh 2004, i.e. humanitarian protection manager at World Vision Aceh Program, a legal development and human resource manager at the Rehabilitation and Reconstruction Agency  (BRR) for Aceh and Nias, and  also a researcher at the Center for Peace and Conflict Resolution (CPCRS) Unsyiah-Aceh. His research interests are: Human Rights Law, Refugee Law, Investment Law,  International Contract Law, and Third World Approaches to International Law 

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