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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DiscussionKick-off

A right to tourism – and the duty of hosting the leisure class

Some thoughts on the recent Convention on Tourism Ethics

The movement of bodies across borders attracts significant media and academic interest. This interest is often directed at specific forms of movement, such as refugees and economic migration. Another form of movement of bodies is having an important environmental, cultural, social and economic impact, albeit more quietly in the human rights realm: that of tourism, most especially mass tourism. Leisure tourism is not widely recognized as a serious area of …

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DiscussionResponse

Rethinking containment through the EU-Libya Migration Deal

In response to Nils Muiznieks, Human Rights Commissioner of the Council of Europe who asked Italy to clarify its relationships with Libyan militia, the Italian Prime Minister Marco Minniti declared on October 11 that Italy’s goal is twofold: “to prevent migrant crossing which put life at risk […] and to grant that international standards are respected in Libya”. Minniti’s speech should be analysed in the light of the recent overt …

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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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Global South in Comparative Constitutional LawSymposium

Knowledge Production in Comparative Constitutional Law

Alterity – Contingency – Hybridity

The idea and the reality of the Global South represent different types of epistemological challenges to the disciplinary identity of comparative (constitutional) law. As a term, it is no more than two decades old, though its pedigree reaches back to the 1950s and the idea of a ‘third world’ which brought together Cold War developmental taxonomy with the earlier concept of a formerly excluded ‘third estate’ (tiers etat) staking a …

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Current DevelopmentsForum

Kulturgüter – Neue Narrative für den Umgang mit dem postkolonialen Erbe

Der Kulturgüterschutz ist wie kaum ein anderes Feld mit Fragen der Identität sowie Emotionen verknüpft. In ihrem konzisen Überblick zu den Herausforderungen des völkerrechtlichen Kulturgüterschutzes hat Adrianna A. Michel diesen Punkt subkutan, aber auch explizit, thematisiert. „Restitution“ ist in aller Munde, wenn historische Gerechtigkeit beschworen wird, die gegenüber den ehemaligen Kolonialterritorien und quasi-kolonialisierten Gebieten zu üben ist. Mit der Argumentationsfigur vom gemeinsamen kulturellen Erbe der Menschheit werden solche Forderungen oftmals …

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Discussion

Rethinking the International Criminal Justice Project in the Global South

A dialogue about methodology between TWAIL and ICL

Concerns about the International Criminal Court’s (ICC) continuing relevance in Africa following exit announcements by Burundi, South Africa, and Gambia are widespread. But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. How can we explain the fracturing of the Court’s support in Africa? More fundamentally – what is the best way of studying international criminal justice and its effects …

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Current Developments

German Genocide in Namibia before U.S. Courts

Ovaherero and Nama sue Germany over Colonial Injustices – Again

Since October 2016, the German Historical Museum has been dealing with the past and presence of German colonialism in a special exhibition (see here) – for the first time ever. But German colonialism is not only a dusty artefact exposed in some German museum. Instead, it continues to haunt the German State in the form of claims for reparations by the descendants of the victims of colonial injustices. While German …

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Discussion

Yes, redressing past wrongs in the present!

A rejoinder to Maximilian Pichl and Mieke van der Linden I fully support Mieke van der Linden’s thesis that the illegal nature of the colonization in Africa, and indeed everywhere else needs to be recognized. This is one way of redressing past wrongs. Just one way, which is why I have to oppose the notion that it is an alternative to claims for reparation. The one might not even be …

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DiscussionResponse

Redressing Colonial Wrongs?

A response to Maximilian Pichl On 12 May 1883, the Germans set foot ashore on the coast of South-West Africa – now known as Namibia. The settlement of Germans on natives’ lands immediately became a fact. The native peoples inhabiting the area, the Herero and the Nama, resisted to the German presence on and expropriation of their lands. As a reaction, the Germans launched a war of extermination during the …

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