Between civilisation and barbarism: Creole interventions in international law

Abstract

This article argues that Latin American regionalism in international law is a direct consequence of a ‘creole legal consciousness’ meaning a shared basic assumption about the origins of law in the region (as coming from Europe through Roman law and Spanish law) as well as a belief in the uniqueness of an American (as in the continent) interpretation and development of that law. Those who participate of such a consciousness assume themselves as being part of the metropolitan centre (as descendants of Europeans), while at the same time challenging the centre with notions of their own regional uniqueness (as natives of America). Creole consciousness about international law was an instrument of nation and region building during the 19th century. This led to a discussion of the actual existence of a regional international law ‘[Latin] American international law’ (derecho internacional Americano) in the first half of the 20th century. The article concludes with a look at how a regional perspective was also inherent in the construction of a human rights regime in the second half of the twentieth century.