International Law and the ‘Second World’: In Conversation with Patryk I. Labuda

The Second World Approaches to International Law (SWAIL) project, which will be launched at Central European University in Vienna in February 2025,  aims to establish a more accurate way of conceptualising East Central Europe’s position in, and relationship with, international law. Three themes arise continuously throughout the podcast: liminality, domination, and the emancipatory potential of international law.

Liminality is the cornerstone of the SWAIL project. It is discussed throughout the podcast, whether in reference to geography, epistemology, or time. Patryk identifies an issue whereby East Central Europe is too readily thought of as part of the West, when for him, and he proposes for others from this region, it should be thought of as both in and out, speaking to its liminal place in the global order. The result of this false conceptualisation is East Central Europe’s dual exclusion from theoretical understandings of international law; East Central Europe will not feature as the protagonist in a top-down study, nor is it the subject of post-colonial research. Patryk’s proposition is it ought not be sandwiched into either of these camps, rather East Central Europe’s place in international law ought to be understood in its own, fundamentally in-between, position. Communicating his driving thesis, he points out the contradistinction between Ukraine’s experience of the Russian invasion and Poland’s roles in the invasion of Iraq. East Central Europe is a geographic space sharing parallels with the West and the Global South but sharing space with neither.

The most significant parallel Patryk makes between East Central Europe and the Global South is their joint experience of domination by external states. Between Russian and Soviet expansion from the East and a history of Western imperialism, East Central European states have a long history of fighting for their sovereignty. By applying a modified post-colonial framework to the region, Patryk contends we can remove a blind sport from Western and Third World approaches to international law, which both fail to give appropriate focus to non-European colonialist entities.

Considering East Central Europe’s vulnerable position, it would be wrong not to consider what the recent US election means for the area’s geopolitics. Fortunately, we interviewed Patryk the day after the election. Patryk identified an understandable trepidation in East Central Europe leading up to the election. In the wake of the result, he deems a reconceptualization of the region’s security methods to be necessary. The issue gets to the heart of the SWAIL project, international law itself has been somewhat thrown into the liminal flux, exhibiting a bulwark of rules designed to protect states, but lacking a leader on which vulnerable states can rely to enforce those rules.

These rules link to the final theme, which made for a surprisingly optimistic podcast given the current regional context: Patryk identifies emancipatory potential in international law. This optimism flowed into the podcast aboard two vessels, NATO and the Special Tribunal for the Crimes of Aggression against Ukraine by Russia, although it is clear Patryk’s optimism extended beyond these, applying to international law more generally. Regarding the former, Patryk identifies a worrying acceptance among many Global South actors of Russia’s justifications for its aggression when, for Patryk, NATO membership is a sensible defensive measure for East Central Europe to take given the region’s aforementioned geographical vulnerability and related history of imperial domination. Concerning the latter focus, Patryk rejects a commonly advocated position that all special tribunals entrench double standards in international law and communicate a message of selective criminal justice. Patryk identifies binary state-to-state, or region-to-region, comparisons as a misleading way to interpret international law. For Patryk, special tribunals like the one for Ukraine or similar experiments in the Central African Republic and Colombia can also be interpreted as a form of respect for the demands of weaker states in the global order; by shifting the framework away from binaries like Global North versus the Global South or West versus the Rest many more factors can be identified that unites second- and third-world countries than divides them.

It is on the point of unity beyond binaries that Patryk already identifies potential scope for expansion of the SWAIL project. Latin America is a region in which he foresees particularly fruitful parallels and avenues for interesting scholarship. For the time being, the project exhibits significant potential, hopefully enabling a better understanding of East Central Europe’s position in international law, which may guide thought on a region that is already and will continue to be pivotal to world order moving forward.