The International Legal Order's Colour Line

Abstract

Abstract Racism and racial discrimination emerged as themes in public international law at the end of the First World War. This was a consequence of the participation of countries from the Global South who had hitherto been excluded from international law making. A Japanese proposal to recognize racial equality in the Covenant of the League of Nations was vetoed by President Wilson. The battle against racial discrimination at the international level really began with the United Nations, in 1946. The Global South pushed for action to deal with racism in South Africa, among several other initiatives. In the first decades of the United Nations, campaigns against racial discrimination were the beating heart of the human rights activities of the organization. Landmarks include the adoption of the 1965 Convention on the Elimination of Racial Discrimination and the 1973 Convention Against Apartheid. Important mechanisms in human rights were often instigated in measures directed at racial discrimination. These were pushed by States of the Global South and obstructed by governments of Europe and North America. When the apartheid regime fell, in 1990, international activities were recalibrated with a focus on xenophobia. But the issue of racism and racial discrimination returned with the 2001 Durban Conference. Tensions have continued. In 2020, the murder of George Floyd prompted renewed activity. This book narrates the history of racism and racial discrimination in international law, challenging the narrative that human rights are a creation of the Global North while demonstrating the decisive contribution of the Global South.