ABSTRACT

It is submitted that the all affected principle (AAP) can be combined with the all subjected principle (ASP) to more effectively identify affected groups and peoples. Historically, the AAP and ASP were first articulated by the colonised peoples during their liberation struggles against imperialism. For meaningful implementation, these principles must take cognizance of deep, intermediate, and proximate structures of global capitalism, as also the class, gender, and race fractures in national and global societies. A principal problem of the affected groups and peoples of developing nations is the loss of policy space. Therefore, a principal mode of implementing AAP and ASP is to devolve critical decisions to the nation-state which is also the principal site of struggle of organisations of affected groups and peoples. Alongside international law initiatives like the Global Administrative Law project can be invoked to democratise international law.