¹ Richardson, Henry J. III, Correspondence, 94 AJIL 99, 99-100 (2000)Google Scholar.

² See e.g., Francis Fukuyama, the End of History (1992).

³ The phrase was coined by Time Magazine’s former Foreign Editor Joshua Cooper Ramo, in a 2004 report issued by the London-based Foreign Policy Centre. Joshua Cooper Ramo, the Beijing Consensus (2004), available at http://fpc.org.uk/publications/TheBeijingConsensus.

⁴ See e.g., Human Rights Watch, China-Africa Summit: Focus on Human Rights, Not Just Trade (Nov. 2, 2006), at http://www.hrw.org/eri/news/2M6/ll/01/china-africa-surnmit-focus-human-rights-not-just-trade.

⁵ The December 2004 tsunami devastated Southeast Asia, leaving more than 150, 000 people dead or missing and millions homeless in 11 countries. National Geographic News, The Deadliest Tsunami in History?, Jan. 7, 2005, at http://news.nationalgeographic.com/news/2004/12/1227_041226_tsunami.html.

⁶ The August 2005 hurricane hit the U.S. states along the Gulf of Mexico, killing more than 1,500 people and causing an estimated $81 billion in property damage. Eric S. Blake, Edward N. Rappaport, & Christopher W. Landsea, The Deadliest, Costliest, and Most Intense United States Tropical Cyclones from 1851 to 2006 (And Other Frequently Requested Hurricane Facts) (Apr. 15, 2007), at http://www.nhc.noaa.gov/Deadliest_Costliest.shtml.

⁷ The January 2010 earthquake that struck Port-au-Prince, Haiti resulted in over 220,000 deaths and millions of displaced persons. Liana, Sara Miller & Klarreich, Kathie, Michelle Obama Spotlights Haiti Relief Efforts, Christian Sci. Monitor, Apr. 13, 2010.Google Scholar

⁸ The February 2010 earthquake that struck south-central Chile caused close to thirty billion dollars in damage and killed close to five hundred people. Chile’s Latest Quake Toll is 486 Dead, 79 Missing, Associated Press, Apr. 7, 2010.

⁹ In his exposition of the legacy of colonialism in the human rights discourse in international law, Balakrishnan Rajagopal argues that “[e]mphasizing the predominant role of the state in the realization of human rights simply reproduces the same structures that have prevented the realization of those rights in the first place. “Balakrishnan Rajagopal, International Law From Below. Development, Social Movements and Third World Resis Tance 193 (2003).

¹⁰ Tony Anghie points out that “[m]ethodologies that purport to be ‘universal’ and that rely on values posited as having the same valence everywhere ... often prove to be narrow and particular, a mere mechanism for advancing certain unacknowledged but specific interests as being for the universal good.” Anghie, Antony & Chimni, B.S., Third World Approaches to International Law and Individual Responsibility in Internal Conflict, in The Methods of International Law 210 (R. Ratner, Steven & Slaughter, Anne-Marie eds., 2004)Google Scholar.

¹¹

Id. at 205.

¹² Id. at 206.

¹³ Charles, Hilary worth, Feminist Methods in International Law, in The Methods of International Law 181 (R. Ratner, Steven & Slaughter, Anne-Marie eds., 2004)Google Scholar.

¹⁴ Id. at 163.

¹⁵ See Anghie & Chimni, supra note 10, at 195.

¹⁶ In both 1935 and 1937, Ethiopia presented the League of Nations with evidence of Italian war crimes, including the use of mustard gas, bombing of Red Cross hospitals and ambulances, and extra-judicial killings, but the League took no responsive action. The UN War Crimes Commission, established in 1943, initially excluded Italian crimes committed in Ethiopia for having occurred prior to Italy’s entry in the World War П. Eventually, the Commission allowed Ethiopia to submit a short list of war criminals. The Commission concluded that two Italian commanders, Badoglio and Graziani, were potential war criminals and accepted charges against them. Ultimately, Britain refused to demand the extradition of the two men, and in 1949 Ethiopia abandoned its efforts. Pankhurst, Richard, Italian Fascist War Crimes in Ethiopia: A History of Their Discussion from the League of Nations to the United Nations (1936-1949), 6 NORTHEAST Afr. Stud. 83 (1999)CrossRefGoogle Scholar, available at http://muse.jhu.edu/journals/northeast_african_studies/v006/6.1pankhurst.html.

¹⁷ See Anghie & Chimni, supra note 10, at 210.

¹⁸ See Charlesworth, supra note 13, at 183.

¹⁹ President Obama stated that “[t]o say that force is sometimes necessary is not a call to cynicism—it is a recognition of history, the imperfections of man and the limits of reason.” Text of Barack Obama’s Nobel Peace Prize Acceptance Speech, Christian Sci. Monitor, Dec. 10, 2009, at 3, available at http://www.csmonitor.com/layout/set/print/content/view/print/268157.

²⁰ See Mutua, Makau Wa, Why Redraw the Map of Africa: A Moral and Legal Inquiry, 16 Mich. J. Int’l. L. 1113 (1995)Google Scholar.

²¹ Henry J. Richardson III, the Origins of African-AMERICAN Interests in International Law (2008).

²² Id. at xxxi-xlii.

²³ Anghie and Chimni refer to Twail I scholarship as arising from the “[fļirst generation of post-colonial international lawyers,” its purpose having been to indict “[c]olonial international law for legitimizing the subjugation and oppression of Third World peoples” and to promote a “New International Economic Order.” The authors refer to Twail П as having largely focused on seeking to “[f]urther the analysis developed by Twail I of the structural factors promoting inequalities between First and Third World states.” See Anghie & Chimni, supra note 10, at 185-91.

²⁴ Adopted and opened for signature and ratification by General Assembly Resolution 2106 (XX) of Dec. 21, 1965 (entered into force Jan. 4, 1969).

²⁵ GA Res 3201(S-VI) (May 1, 1974). Proposals for a New International Economic Order (NIEO) were put forth by the Non-Aligned Movement, seeking to improve the terms of trade. Third World states also created the United Nations Conference on Trade and Development (UNCTAD) as a vehicle to promote their economic interests, but Western countries insisted on the dominance of the Bretton Woods institutions where they held the balance of power.

²⁶ GA Res. 3281 (XXIX) (Dec. 12, 1974).

²⁷ See Southwest Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa), 1966 ICJ Rep. 6.

²⁸ See Anghie & Chimni, supra note 10, at 190.

²⁹ “The invention of the African state by colonialism and the subsequent misapplication of the right to self-determination are the root causes of the crisis of the post-colonial state.” See Mutua, supra note 20, at 1150.

³⁰ See, e.g., The Texaco/Libya Arbitration, 17 ILM 1 (1978) (refusing to recognize Nieo and Charter of Rights and Duties of States as customary international law because of negative votes or abstentions of capital-exporting countries).

³¹ “Rather than seeing colonialism as external and incidental to international law, an aberration that could be quickly remedied once recognized, Twail II scholarship has focused on a more alarming proposition: that colonialism is central to the formation of international law.” Anghie & Chimni, supra note 10, at 191.

³² See Chimni, B.S., Third World Approaches to International Law: A Manifesto, in Antony Anghie, Bhupinder Chimni, Karin Mickelson, & Obiora Okafor, the Third World and International Order: Law, Politics and Globalization 47, 48 (2004)Google Scholar.

³³ Id. at 72.