Introduction to the Symposium on Latin American International Law (original) (raw)

In the third volume of the American Journal of International Law, published in 1909, Chilean jurist Alejandro Álvarez first laid out his argument for the existence of a Latin American international law in English. 1 His objective, and the reason he chose to expound his ideas in AJIL, was to carve out a more prominent place for Latin America in the U.S.-led geopolitical order. 2 The article, subsequently turned into a book, became a manifesto not for a Latin American international law, but for a Pan-American international law-a regional legal order encompassing the Americas in their entirety, with the United States at the helm. Pan-Americanism has since consolidated into an influential and pervasive regional legal and political project, spawning key institutions and instruments, such as the 1933 Montevideo Convention, the Inter-American Development Bank, and the Organization of American States, among others. This symposium takes its inspiration from Álvarez's regional thinking to reopen the inquiry into Latin American international law. In our time, the dynamics of regionalism have been changing quickly, as U.S. hegemony is checked by growing Chinese influence and the rise of populist regimes. Several social movements, including Indigenous and environmental movements, have revealed the ways in which Pan-Americanism was not really "Pan" at all, but reflected the narrow interests of Latin American elites, mostly of creole ("criollo") background. 3 These movements question the hegemony of creole elites and the primacy of their interests in the realm of international law. These and other transformations make it timely to explore the question of both the existence and potential of regional projects and practices in a new geopolitical era. This symposium brings together a diverse group of Latin American scholars to critically reflect on these changes. A Shifting Global Context Among Latin Americans, ideas around regionalism have always been deeply contested. Álvarez's brand of Pan-Americanism sought to overcome other competing views of how best to construct the region under international law. In particular, he embraced the Monroe Doctrine, which (self-)appointed the United States as the regional peacekeeper and the shield against European intervention. Others were less sanguine about U.S. hegemony. Argentinean diplomat Luis María Drago, for example, coined the "Drago Doctrine," which challenged the use of "gun-boat diplomacy" or military coercion for the collection of debts. The Calvo doctrine, developed by Carlos Calvo, sought to curb foreign intervention by requiring foreign nationals to refrain from seeking diplomatic assistance from their home state, and to settle any disputes through the domestic laws and institutions of the host state. For Álvarez, the Monroe Doctrine was more favorable to the interests of American states, including Latin