th In the midst of 60 Asian African Conference (AAC) commemoration preparation, no one notice it as landmark event of international law critical studies movement. It was fundamental because AAC has deemed succeed to reinterpret sovereignty and nonintervention principles from third world states perspective. As for international lawyers, international law usually associated with Eurocentrism. In other words, international law has played role as a hegemonic tool to overcome non Europe states interest. Therefore, several international law scholars and activists seek to formulate a different approach on international law. Nowadays, this movement known as third world approach to international law (TWAIL) What is TWAIL? TWAIL is an intellectual discourse and thus political movement (Mutua: 2000). As an intellectual discourse, the TWAIL-ers attempt to encounter established international law concept, principle and proposition. They believe that various interpretation of international law is possible. For example, Bandung Declaration in first AAC 1955 was an evidence of reinterpretation of state sovereignty and non-intervention principle. Although the declaration just reiterate what already stipulates in UN Charter but it creates a different nuance. Once states have their independence another states cannot intervene domestic affairs of previous states for any reason. TWAIL intellectual discourse exercised in various ways. Not only through the study and massive conference, TWAIL movement also built a network, albeit in an informal form. TWAIL networking built across professional fields such as scholars, international law judges, government official and non-governmental organization. When TWAIL concepts succeed to affect government view on international law, then it turns to political movement. Therefore intellectual discourse and political movement of TWAIL are like two sides of the same coin. Indonesia and TWAIL Network As an intellectual discourse, TWAIL movement is never monolithic. There are, at least, two different era of TWAIL-ers generation (Anghie & Chimni: 2003). First TWAIL generation (TWAIL I), as firstly emerged from AAC, emphasized state sovereignty and nonintervention as fundamental principles of international law. Reasoning behind why third world states upheld those principles was simply because they have bad experiences from colonialism by western power. In some extent, instead of prohibiting colonialism international law has justified it. Therefore, TWAIL I accused international law has colonialism character by legitimizing subjugation of third world states. Nonetheless, TWAIL I was not rejected international law at all but only critics interpretation of western states.
TWAIL I strict interpretation on state sovereignty and non-intervention principles
leads to another problem which is rising statism. By giving states a great power, it induce authoritarian regime. Since 1955 and afterwards, across Asia and Africa continent emerged a lot of despotic regimes. Foreign states intervention to protect people within authoritarian regime cannot carried out because it deemed infringe primary principles of international law. Those fact then arising critics to TWAIL I movement and thus establishing TWAIL second generation (TWAIL II). TWAIL II movement is still aware of sovereignty and non-intervention principles. But the proponents giving advance argumentation that most important protection shall give to the people not to state. They try to equalize interest of state with people. Critics given by TWAIL II carefully exercised because they dont want to fall into the same hole. In previous practice, Western power usually used humanitarian background to intervene another state domestic affair. Therefore balancing between those interest, state and people, is major challenge of TWAIL II movement to overcome The 60th commemoration AAC shall accommodate TWAIL II movement discourse like the predecessor did in 1955 to embrace sovereignty and non-intervention principle. Broaden interpretation on sovereignty and non-intervention principle shall implemented but still have to correspond with third world state perspective. As contemporary international law have shift the paradigm from state to people, Asian and African states shall follow the line. Consequently, AAC commemoration theme to advancing south-south cooperation must assert and elaborate protection as well as prosperity of Asian and African people despite of state interest. Like what Hans Kelsen, a prominent law scholar, said that the only natural person (people) is final addressee behind the personified legal system, including international law. As like historian said, l histoire se rpte or history repeats itself. If 60 years ago AAC became a landmark event for TWAIL I movement, then the 60 th AAC commemoration that will be held on 19-24 April shall become cornerstone for TWAIL II. * International Law Lecturer, Bandung Islamic University.