EJIL : Debate!

• Tourme-Jouannet, Emmanuelle

Abstract

International society in the aftermath of World War II was faced with demands about culture and identity that placed renewed strain on the principles of legal equality and cultural difference. The less-favoured states – those which felt stigmatized – together with indigenous peoples, ethnic groups, minorities, and women all aspired to secure recognition of their equal dignity and of their specific identities and rights, with some even seeking reparation for the violation of their identities and the confiscation of their land or property. To cater for these new demands, the subjects of international society have developed a new branch of law, which is referred to here as the ‘international law of recognition’. The aim of this article is to highlight these developments, to identify the legal practices arising from this new law of recognition, and to submit them to critical scrutiny.