Search

Taking note of the relatively limited accounts of race in contemporary international legal doctrine, this Article posits a thought experiment: What would international legal theorizing look like not from the place of the metropole or the colony, but rather from the journey of the enslaved, from the barracoon to the hold of the slave ship to the plantation? For one possible answer, this Article turns to the work of the Jamaican thinker Sylvia Wynter to consider race in relation to international law in order to argue for the utility of replacing a formalist and state-based notion of universalism with a more open-ended and contestation oriented approach. Such a move would reframe international law's "origin myth" about 1492 from a dyadic account of Western colonizers versus the colonized to a triangular encounter between Europeans, Indigenous Americans, and enslaved Africans. It would also pivot away from understandings of race as a generic form of invidious social differentiation to be managed solely by states as an internal matter to instead theorize legal regimes of racialization in connection with political economy as both distinct and conjoined. [ABSTRACT FROM AUTHOR]

Long-running debates over military privatization overlook one important fact: The U.S. military's post-2001 contractor workforce is composed largely of migrants imported from impoverished countries. This Article argues that these Third Country National (TCN) workers--so called because they are neither American nor local--are bereft of the effective protections of American law, local regimes, or their home governments; moreover, their vulnerability is a feature, not a flaw, in how the U.S. projects global power today. TCN workers are an offshore captive labor force whose use allows the government to keep politically sensitive troop numbers and casualty figures artificially low while reducing dependence on local populations with suspect loyalties. Legislation to combat human trafficking has done little to remedy exploitation and abuse of TCN workers because of jurisdictional hurdles and the lack of robust labor rights protections. Substantive reform efforts should address the deeper issue at stake, namely that the government uses TCN workers to carry out a core state function--namely, the use of force--without a clear relationship of responsibility to them. Unlike with soldiers, the labor of TCN workers is not valorized as sacrifice and unlike mercenaries selling their services to the highest bidder, they are frequently indebted to the point of indenture. [ABSTRACT FROM AUTHOR]