ABSTRACT
A significant part of Bhabha’s theory is dedicated to explaining how hybridity can generate opportunities for agency. Agency, in postcolonial theory, denotes the ability of the colonized to engage with or resist colonialism. For postcolonial legal philosophers, these developments necessitated a shift from absolutist notions of state sovereignty to a revised idea of sovereignty which emanate from the will of the people and is related to people’s rights, even though their elected representatives might exercise it. Efforts to construct a postcolonial understanding of the role of international law in a transitional context inevitably lead to an exploration of the extent to which the transitional justice discourse is bedeviled with the umbra of international law’s complicity in facilitating imperialism. Postcolonial Africa, for example, accords economic, social and cultural rights the same status as an individual’s civil and political rights.
