Global South in Comparative Constitutional LawSymposium

Auctoritas non veritas facit Legem

A Response to Professor Roberto Niembro’s Conceptualisation of Authoritarian Constitutionalism

This blog post is a response to Roberto Niembro’s post on authoritarian constitutionalism for the Global South in Comparative Constitutional Law. This post will be cross-posted on the Blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL blog .  At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more …

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Current Developments

The identification of individuals

Some thoughts on the ECHR judgment in the case N.D. and N.T.

The European Court of Human Rights (ECtHR) in its judgment in the case and N.T. v. Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights (ECHR) – and thereby the key question in all regulation …

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DiscussionKick-off

Brother, where art thou?

Libya, spaces of violence and the diffusion of knowledge

The key political question in recent months has been how to reduce the number of unauthorized migrants that arrive to Europe’s shores in rickety vessels from politically unstable countries in North Africa. The overwhelming majority of the more than 134.000 migrants that arrived by sea to Europe this year landed on Italian shores (approximately 103.300). Most of the migrants landing in Italy departed from wartorn Libya. Italy seems to have …

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Discussion

Combatting the legal side effects of privatized war

What has been achieved, and what still needs to be done in international legal scholarship on Private Military and Security Companies

This contribution continues our journal cooperation with the journal “Swiss Review of International & European Law“. Over the past twenty years a lively debate on the regulation of private military and security companies (PMSCs) in situations of armed conflict has developed. The time has come for an appraisal of the rich literature on the phenomenon. This post which is written in the context of the journal cooperation with the Swiss …

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Current Developments

Returns Without Examinations

Greece’s Recent Judgment on Syrians’ Asylum Claims

On September 22, 2017, Greece’s highest administrative court – the Council of State – proclaimed that two Syrian asylum seekers can be deported to Turkey as a so-called safe third country. A court official explained the reasons for the judgment stating that “the court rejected the Syrians’ claims that their life and freedom would be in danger if they were returned to Turkey, as the judges opined this did not …

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Current DevelopmentsDiscussionResponse

The Referendum on Catalan Self-Determination: Long Shots and Legal Flair

The image conjured by the first subtitle of Zoran Oklopcic’s post on the referendum on Catalan self-determination, that of a zombie self-determination resurrected from its post-Kosovan resting place and back to haunt international legal rhetoric perfectly captures the mood amongst many in the international community who had perhaps been hoping that the rhetoric of self-determination had all but given up the ghost. As Oklopcic underlines, the past 15 years have …

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Current DevelopmentsDiscussionKick-off

The Referendum on Catalan Self-Determination (Part II)

Endemic Rhetoric, Interpretive Hypocrisy and Legal Imagination

Constitutionalizing Secession in Canada and Britain: Setting a(n) (bad) example? What encouraged the Catalans to place their bets on the persuasive power of remedial self-determination were two constitutional, not international legal texts: the Supreme Court of Canada’s 1998 Reference re Secession of Quebec, and the 2013 Edinburgh Agreement between the British and the Scottish governments on the referendum of the independence of Scotland. Though neither offered support to the Catalan …

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Current DevelopmentsDiscussionKick-off

The Referendum on Catalan Self-Determination (Part I)

Endemic Rhetoric, Interpretive Hypocrisy and Legal Imagination

Dawn of the Living Dead? Self-Determination in (Southern) Europe, 1991 – 2017 Scheduled to take place on 1 October 2017, the referendum on the independence of Catalonia looks to be a turning point in the history of the Iberian peninsula; if not a point of no return, then at least the moment after which the relationship between Catalonia and Spain will never again be the same. Though it is hard …

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Global South in Comparative Constitutional LawSymposium

Access to Justice for Socio-Economic Rights: Lessons from the Indian Experience

This is a cross-post shared with  the blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL Blog. Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should (i) empower individuals to enable them to make claims and (ii) expand its current …

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Discussion

Is a bird in the hand always worth two in the bush?

An assessment of the EU’s New Approch Towards the Two-State Solution

This post inaugurates a new cooperation of Völkerrechtsblog with the “Leiden Journal of International Law“. Firmly established as one of the leading journals in the field, the Leiden Journal of International Law (LJIL) provides a venue for sharp and critical voices that speak on the theory and practice of international law. It aspires to introduce or amplify refreshing and innovative approaches to perennial as well as topical issues in the field. The Journal’s focus …

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Current Developments

Messing with the Mess We Are In

Notes from the Transregional Academy on ‘Redistribution and the Law in an Antagonistic World’ from 21-30 August 2017 in Berlin

German legal scholarship has a reputation for being quite orthodox. Amid doctrinal sophistication and positivist assumptions, however, lie hidden treasure islands of heterodoxy. One such island was the Transregional Academy on ‘Redistribution and the Law in an Antagonistic World’, organized by the Forum Transregionale Studien and a steering committee of legal academics based in the US, UK and Germany. The Academy explored different ways in which law shapes and regulates …

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Current Developments

Status: “It’s complicated”

On African leaders’ troubled relationship with international courts

Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public. Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction. …

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Global South in Comparative Constitutional LawSymposium

Constitutional authoritarianism, not authoritarian constitutionalism!

A Constitutionalist View

In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging. These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international constitutionalism, and appears to …

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InterviewPractitioner's Corner

David gegen Goliath

Ein Interview mit Survival International zu den Rechten indigener Völker

Wenn man über indigene Völker in den Medien liest, dann liest man in der Regel leider selten Gutes: Land Grabbing, Vertreibung oder, wie in Australien, der Kampf der Aborigines um die Anerkennung als erste Bewohner des Landes in Form eines Vertrages. Survival International ist eine internationale Nichtregierungsorganisation, die sich für die Rechte indigener Völker einsetzt. Wir sprachen mit Linda Poppe von Survival International über aktuelle Herausforderungen, Möglichkeiten und Grenzen des Rechts …

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Current Developments

The C-Star’s Odyssey and the International Law of the Sea

In Homer’s epic poem, “The Odyssey”, the Greek hero Odysseus, having left his home Ithaca to help bring Helena back from Troy, faced manifold hardships on his return across the Mediterranean Sea. In July 2017, European citizens set sail in a self-prescribed mission not to bring someone home, but to prevent others from calling Europe home. The loosely affiliated Generation Identity, consisting mostly of activists from Austria, France, Germany and …

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Forum

On book reviews: Why, when and how to write them

Book reviews are perhaps a difficult format for academic writing. After all, what we all like to do best is talk about ourselves and our own ideas and why we are right. Writing a book review, however, puts someone else’s work in prime position; readers learn first about the reviewed work and only secondly something about the writer of the review herself. Perhaps this is why so few scholars, in …

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