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  • 5 - International Legal Experimentalism

  • Matthew Craven, School of Oriental and African Studies, University of London, Sundhya Pahuja, University of Melbourne, Gerry Simpson, London School of Economics and Political Science
  • Book:
    Rival Legalities
    Published online:
    28 July 2026
    Print publication:
    10 September 2026, pp 201-264

  • Summary

    Chapter 5 explores the Global South’s role in shaping international law during the Cold War, challenging the dominant North Atlantic narrative. It highlights the Third World’s active engagement in creating and contesting international law through three case studies: Algeria’s war for independence, the Anglo–Iranian Oil case, and the establishment of a UN Commission on Transnational Corporations. Algeria used the Geneva Conventions to internationalise its struggle against France, redefining anti-colonial warfare as a legitimate fight for self-determination. The Anglo-Iranian Oil case at the ICJ underscored the contestation over international judicial authority, with Iran asserting its sovereignty against the UK. The UN Commission on Transnational Corporations illustrated the Third World’s alliance with the Soviet Union to challenge corporate power. These examples reveal the Cold War as a period of legal experimentation and contestation, with the Third World playing a crucial role in shaping international law and challenging retrospective assumptions about the era.