The Grotian Tradition, Grotian Moment, and Decolonization: A twail Perspective

Abstract

Abstract The times of Grotius were a period of transition from a feudal to a capitalist order in Europe, ushering in new thinking on subjects such as human nature, commerce, state, war, and colonialism. In articulating his views, Grotius was not seeking to shape the law of nations for all times but to recast it in order to respond to the problems encountered by Holland (or the United Provinces), and more generally European nations, in the ongoing transition. In the backdrop of a brief discussion of the ‘Grotian tradition’, this article distinguishes different uses of the term ‘Grotian Moment’ and contends that ideally the term should be reserved for capturing developments that profoundly impact both the ‘logic of territory’ and the ‘logic of capital’ with the law of nations playing a significant role. While decolonization saw the expansion of the sovereign state system and certainly was a setback to the global accumulation of capital, the law of nations did not pro-actively support that process. Furthermore, efforts by postcolonial nations to bring about the transformation of the colonial legal order did not succeed making less meaningful the characterization of the decolonization process as a ‘Grotian Moment’.