ABSTRACT

This chapter explores on how international law is one of many tools that one can use to engage political problems of modernity and the effect of so doing on peoples, groups and actors traditionally thought of as falling outside international law, by replacing the idea of modernity as something solid with a much more fluid understanding of the modern world. Most accounts of international law are based on the progress of history as a teleological process of the spread of enlightenment values from Europe to the rest of the world. The effect of the Indian constitution can be seen far extending the geographical boundaries of India and today the idea. Europe has been provincialized partly because the geographical distinctions dependent on an idea of a hyper-real Europe have lost credibility. The Europe that modern imperialism and nationalism have, by their collaborative venture and violence, made universal philosophically; this project must ground itself in a radical critique and transcendence of liberalism.