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Record W7163814433 · doi:10.61838/kman.isslp.4.4.24

Decolonizing International Law: The Impact of Postcolonial Theory on Legal Norm Formation

2025· article· W7163814433 on OpenAlexaff
Michael Roberts, Robert McAllister, Catherine Hill

Bibliographic record

Venuenot available
Typearticle
Language
FieldSocial Sciences
TopicIndigenous Peoples' Rights and Law
Canadian institutionsMcGill University
Fundersnot available
KeywordsNormativeNorm (philosophy)ForegroundingInternational lawScholarshipIndigenousEurocentrismEmpirical legal studiesHuman rightsLegal realism

Abstract

fetched live from OpenAlex

This article investigates how postcolonial theory has influenced the formation of legal norms in international law and examines the implications of these theoretical contributions for the legitimacy, inclusivity, and epistemic foundations of global legal governance. Using a scientific narrative review and descriptive analysis method, this study synthesizes academic literature published between 2019 and 2024. Peer-reviewed journal articles, scholarly books, and legal commentaries were selected through systematic searches across major academic databases. The analysis is guided by key postcolonial concepts such as subalternity, hybridity, and epistemic violence, with thematic attention to international law’s colonial legacy and contemporary challenges in legal norm formation. The review reveals that international law continues to reflect Eurocentric assumptions rooted in its colonial past. Postcolonial theory challenges these assumptions by exposing structural inequalities in the development and enforcement of legal norms. Case studies such as the New International Economic Order, the Declaration on the Right to Development, and the international recognition of Indigenous rights illustrate how postcolonial actors have shaped normative agendas despite institutional limitations. The analysis also identifies growing demands for epistemic decolonization, South-South legal solidarities, and pluralistic models of norm-building. Postcolonial theory has significantly reshaped the discourse of international law by foregrounding issues of power, voice, and legitimacy. While challenges remain in translating critique into enforceable legal change, the theoretical and normative contributions of postcolonial scholarship have created critical openings for a more inclusive and equitable global legal order.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.045
metaresearch head score (Gemma)0.055
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.045
Threshold uncertainty score0.240

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0450.055
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0090.009
Science and technology studies0.0070.065
Scholarly communication0.0200.024
Open science0.0020.010
Research integrity0.0030.005
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.324
Teacher spread0.313 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2025
Admission routes1
Has abstractyes

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Same topicIndigenous Peoples' Rights and LawFrench-language works237,207