SymposiumThe Promises of International Law and Society

Towards Post-Western Investment Law?

Alternative Visions in the Making

International Investment Law (IIL) has always been a battleground of competing paradigms and imaginations of economic world order. While it carries the promise of welfare through global competition for some, others associate it with Northern or capitalist hegemony. Today, however, the old battles between North and South over the rules of global investment are considered history. With the spread of Western style bilateral investment treaties (BIT) around the globe, the …

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SymposiumThe Promises of International Law and Society

Juridification of the right to development in India

In my paper for the legal sociology conference in Berlin, I argue that the right to development, though a non-legally binding declaration, is indirectly implemented in the Indian legal system through case law – a process which I interpret as a juridification of the right to development (for the term juridification see Blichner and Molander 2008). This argument challenges the distinction between legally binding treaties and non-legally binding instruments in international …

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SymposiumThe Promises of International Law and Society

Should we call a lawyer?

Towards a conceptualisation of norm conflicts for International Relations

In this post, I argue that traditional legal conceptualisations of norm conflicts do not capture the phenomenon that International Relations (IR) scholars are interested in. I propose an alternative definition, which links norm conflicts to political contestation. The number of international treaties registered with the UN approximates 50.000. What are the odds of all these treaties being consistent? Infinitesimally small, one might think. As a result, even IR scholars – traditionally …

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SymposiumThe Promises of International Law and Society

“What’s law got to do with it?”

Symposium “The Promises of International Law and Society” When Richard Schwartz, co-founder of the Law and Society Association in the US, was invited to submit a part of his PhD on social factors in the development of legal control as an article to the Yale Law Journal, he himself wondered: “What’s law got to do with it?” Despite his doubts, the article became a classic in the by now well-established field of Law …

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