DiscussionResponse

Taking Trump Seriously

Why international lawyers are at loss in dealing with Trump

In her recent contribution “Trump’s latest attack on international law”, Lena Riemer very accurately points out the threat to international customs and institutions posed by Trump and – currently – by his candidate for the US Supreme Court: Brett Kavanaugh. She demonstrates how Kavanaugh has repeatedly shown disrespect for humanitarian law and human rights in his career as a judge for the Federal Court of Appeals for the District of …

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Current Developments

Trump’s latest attack on international law

How the nomination of judge Kavanaugh to the supreme court could shape the USA’s approach to international obligations

It seems that US-President Donald Trump has won a powerful supporter for his onslaught on international law and international institutions: Supreme Court Judge nominee Brett Kavanaugh. The nomination of judge Brett Kavanaugh by Donald Trump as successor for the departing judge Kennedy has understandingly only received mediocre attention in European media and within the public law community whereas this issue seems to prevail debates in recent weeks amongst US scholars and large …

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Critical Race Perspectives on International LawSymposium

Framing Race and Law in Europe

To frame “Race and Law in Europe” involves a set of basic questions: 1) What is Race? 2) What is Law? and 3) What is Europe? The real challenge is to elaborate on the historical, epistemological, sociological and legal connections among these three questions without equating or reducing “race” to “racism”, without reifying law as a monolithic field, and without homogenizing Europe. These themes deserve their own in-depth analyses, although …

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Russian Perspectives on International LawSymposium

Cleavages in international law and the danger of a pull towards non-compliance

International law faces difficult times, with cleavages running deep between what is often labelled “the West” on the one hand, and Russia on the other hand. With the annexation of Crimea Russia has engaged in a form of conflict that was considered passé in Europe. It is accordingly seen as being responsible for the polarization of international relations by many Western States. Moscow tells a different story of the deterioration …

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DiscussionResponse

Who may see the Acropolis? Global patterns of inequality and the right to tourism

In her contribution on the newly created right to tourism, Sabrina Tremblay-Huet convincingly states, that the social and economic phenomenon of tourism has been widely disregarded by the social sciences, law and philosophy due to the focus of the academia on migration. However, there are many reasons to highlight the growing relevance of tourism in world society: First, the tourist sector generates by now 10 percent of the world’s GDP. …

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Interview

Law as a site of politics (Part II)

An interview with Hilary Charlesworth

Völkerrechtsblog is delighted to post the second part of our conversation with Hilary Charlesworth. In this part of the interview she tells us more about the power of rituals and ritualism in human rights law, the role of law in regulation, why interdisciplinary research in law matters, and about her time on the ICJ, where she worked on the Whaling case.

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Interview

Law as a site of politics (Part I)

An interview with Hilary Charlesworth

Hilary Charlesworth is best known for her work on feminist theory and international law, however her intellectual curiosity extends far beyond this – for example she recently explored the role of rituals and ritualism in human rights monitoring and in 2011 she was appointed judge ad hoc of the International Court of Justice for the Whaling in the Antarctic case. In 2015 Völkerrechtsblog had the pleasure to meet with Hilary Charlesworth in …

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Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Brazil

Ambivalent implementation – Creating a framework for prior consultation in Brazil

ILO Convention 169 – an old but still powerful tool Adopted in 1989, Convention 169 of the International Labor Organization is the only internationally binding legal document that defines indigenous and tribal people’s rights, with a special focus on the right to consultation and participation in legislative and administrative measures that might affect territories of these people. The Convention today is ratified by 22 countries worldwide, 15 of them in …

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Prior consultation in Latin AmericaSymposium

Symposium: Prior consultation in Latin America – The Case of Bolivia

Legal Anthropological Experience in the Field of Indigenous Peoples Contemporary manifestations of neo-colonialism in the form of liberal market fundamentalism have facilitated the expansion of multinational corporations and foreign investment. As a consequence of influential farming and forestry industries as well as extractive operations, indigenous peoples around the world have been dispossessed of their land, territories and natural resources. Resulting from long-lasting negotiations the UN Declaration on the Rights of …

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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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