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67 UCLA L. Rev. 1686 (2020-2021)
Genres of Universalism: Reading Race into International Law, with Help from Sylvia Wynter

handle is hein.journals/uclalr67 and id is 1725 raw text is: Genres of Universalism: Reading Race Into International Law,
With Help From Sylvia Wynter
Darryl Li
ABSTRACT
Taking note of the relatively limited accounts of race in contemporary international legal doctrine,
this Article posits a thought experiment: What would international legal theorizing look like
not from the place of the metropole or the colony, but rather from the journey of the enslaved,
from the barracoon to the hold of the slave ship to the plantation? For one possible answer, this
Article turns to the work of the Jamaican thinker Sylvia Wynter to consider race in relation to
international law in order to argue for the utility of replacing a formalist and state-based notion
of universalism with a more open-ended and contestation oriented approach. Such a move would
reframe international law's origin myth about 1492 from a dyadic account of Western colonizers
versus the colonized to a triangular encounter between Europeans, Indigenous Americans, and
enslaved Africans. It would also pivot away from understandings of race as a generic form of
invidious social differentiation to be managed solely by states as an internal matter to instead
theorize legal regimes of racialization in connection with political economy as both distinct
and conjoined.
AUTHOR
Assistant Professor of Anthropology and Associate Member of the Law School, University of
Chicago. Contact: darrylli@uchicago.edu. For inspiration, support, conversations, or some
combination thereof, thanks are due to Eman Abdelhadi, E. Tendayi Achiume, Amna A. Akbar,
Ash Bali, Michael Fakhri, Mireille Fanon-Mendes-France, Adom Getachew, Angie Heo, Maryam
Kashani, Demetra Kasimis, Ayan Kassim, Ifrah Magan, K-Sue Park, Intisar Rabb, Aziz Rana,
Ntina Tzouvala, and students in the fall 2018 Race and International Law course at Stanford Law
School. All shortcomings are the author's own.

67 UCLA L. REV. 1686(2021)

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