A genealogical analysis of religious discourses in international law: deconstructing power dynamics and knowledge production, with an interrogation of reconciliation with the sinosphere

Abstract

The enterprise of international law, in both its classical and modern forms were, in essence, an enterprise to expand and entrench the hegemonical narrative. One cannot divorce the conceptualisation and understanding of the authoritative institution from its colonial history.

Insofar as the present available literature has provided conceptualisations on how the European colonial powers have structured global governance, this dissertation attempts to be an aperture through which the hermeneutics of the traditions of the Eurologocentrism – that is, the logic of Western European thought, which includes a Greco-Roman and the Judeo-Christian tradition – and international law intersect. In this dissertation, I problematise the conceptual framework of modern international law in examining the normative vocabularies which gives structure to the law of nations.

A major contention of this dissertation is that prior examinations have obscured important, if not necessary, factors which are relevant to producing alternative approaches to the discipline. In neglecting the historiographies and genealogy of thought, one inadvertently succumbs to the essentialist representations of Western Europe and the Orient. By employing a deconstructive hermeneutical genealogy approach, I provincialize the colonial historiography to invert the continuous narratives and demonstrate the diverse conditions in which imperial settings had operated and continues to persist.

Given the historical context, a fundamental element to be found in Eurologocentrism is a Judeo-Christian tradition. In my attempt at reconciling the body of international law with the Sinosphere, I will elucidate many parallels between ancient China and early modern Europe. Hence, contrary to mainstream scholarly perspectives, I contend that a reconciliation with the Sinosphere is feasible. I conclude with policy recommendations to generalise the international legal body to even wider applicability.