Customary formation and legal subordination: a critique of the structures of international law from the South.

Abstract

Contemporary international law has been historically shaped by global power structures that often privilege the interests of the Global North, while marginalizing the perspectives of the Global South. This dynamic is particularly evident in the formation and application of customary international law, which has tended to reproduce a homogeneous and Eurocentric normative order, failing to adequately recognize the legal realities, demands, and traditions of developing countries. In this context, a critical and plural re-interpretation of customary international law is proposed, with special emphasis on the experiences and normative needs of Southern states. Through a critical-interpretive approach grounded in doctrinal and jurisprudential analysis, this study examines the Bolivian case in light of the Third World Approaches to International Law (TWAIL), highlighting the tension between internal normative pluralism and external subordination within the international legal system. It is argued that integrating local legal systems into the fabric of international legal practice may enhance the development of a more equitable and just international law. This approach underscores the need to embrace legal plurality as a foundational principle for constructing a more inclusive international order—one that is attuned to the diverse historical trajectories and contemporary challenges faced by nations in the Global South.