Colonial Repercussions in Germany and NamibiaSymposium

Historical originis of the Ovaherero and Nama Genocide

One cannot discuss the issue of the Ovaherero and Nama genocide without referring to the causes that gave rise to it. Although Eurocentric historiographers have written most of the history of our genocide, which therefore includes undue biases, people who follow the dictates of their conscience have also written records that are more objective. The first contact between Germans and the Ovaherero and Nama occurred through missionaries, followed by many …

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Colonial Repercussions in Germany and NamibiaSymposium

Colonial repercussions in Germany and Namibia

The colonial past and its complex repercussions are finally present in post-colonial European public discourse. So far, however, this has had little to no effect on formerly colonized societies. One reason for this is that post-colonial structural inequalities between the so-called Global North and Global South still prevent equal access to resources and discourses, thus obstructing discussions about colonial injustice and post-colonial repercussions. Both former colonial powers like the United …

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Current Developments

Beyond the exhumation of the dictator

The role of Spanish civil society  in the search of victims of enforced disappearance  during the Franco regime  

After the pronouncement of the Spanish  Supreme Court  endorsing the exhumation of the remains of the dictator Franco from the “Valle de los Caidos” (the enormous mausoleum built by the prisoners of Civil War where Franco was buried for 44 years), the actual exhumation finally took place this week. This measure was foreseen in  Royal Decree-Law 10/2018,  adopted by the socialist government of Pedro Sánchez in August 2018,   which modifies …

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Current Developments

Europäische Einigkeit in Action: Menschenwürde im Strafvollzug

EuGH konkretisiert Mindestanforderungen für Haftbedingungen im Kontext des Europäischen Haftbefehls

Dass eine nationale Justizbehörde beim Vollstrecken eines Europäischen Haftbefehls ausnahmsweise dem Grundrechtsschutz Vorrang vor der Wirksamkeit des Haftbefehls einräumen darf und muss, hat der Gerichtshof in der Rechtssache Aranyosi und Căldăraru erstmals bekräftigt. Im Urteil C-128/18 Dorobantu vom 15.10.2019 bestätigt der EuGH nun die enge Orientierung der grundrechtlichen Prüfung an der Rechtsprechung des EGMR. Zusätzlich betont er den absoluten Charakter des Verbots unmenschlicher oder erniedrigender Behandlung. Hamburg – Karlsruhe – …

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BofaxeCurrent Developments

In dubio contra bellum

Why the prohibition to use force will survive Turkey’s operation Peace Spring

What does Turkey’s operation “Peace Spring” against Kurdish militias in Northern Syria and the subsequent reactions of the international community mean for the prohibition on the use of force? “The right to self-defence may be regarded as broadened now,” some fear (e.g. here). But can the law regulating the use of force in international relations change so easily in the face of this intervention and careful reactions of the international …

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Interview

Law in capitalism

An interview with Katharina Pistor

Katharina Pistor is the Edwin B. Parker Professor of Comparative Law at Columbia Law School, New York, and Director of the Law School’s Center on Global Legal Transformation. After delivering the opening keynote address at the 4th annual LDRN conference at Humboldt University Berlin, Thomas Dollmaier sat down with her to discuss the constitutive role of law in the global capitalist system, the relationship between law and power, and the challenges …

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Announcements

Welcome to a new blog: “GPIL – German Practice in International Law“ has officially launched

International law depends on State practice and opinio iuris. Through their practice, States may therefore actively seek to influence the development of international law. It is thus paramount that State practice is (1) accessible to an international audience and (2) widely known. The blog “German Practice in International Law” (GPIL), initiated by Professor Stefan Talmon, takes up this task for Germany’s practice. GPIL publishes case studies on German practice for …

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Discussion

Harmony in the Chinese just war tradition

The Chinese approach to the relationship between jus ad bellum and jus in bello

One of the fundamental characteristics of international humanitarian law (IHL) is the separation between jus ad bellum and jus in bello, which was originally devised in the West, subsequent to the decline of its just war tradition in legal practice. China has adopted a philosophically different approach to the relationship between these two branches of law, and further, a distinctive moral rationale for compliance with IHL. At its core, the …

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Plurality of Law and DevelopmentSymposium

“Sexual orientation is not a fashion statement”

The LGBT community facing a social stigma in Africa

With the High Court’s judgment from June 11th 2019, judge Michael Elburu suspended section 164 a and c and section 165 of the Penal Code from 1965 which punish same-sex relations in Botswana with up to seven years in prison and ordered to modify section 167. In recognising the discriminatory nature of the laws in question, the Botswanan High Court gave hope to the LGBT (Lesbian- Gay- Bisexual- Transgender) community …

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Plurality of Law and DevelopmentSymposium

Burning issues in the “Land of the Future”

Conflicts over indigenous lands and the Amazon in Brazil

Since his first visit, Stefan Zweig had been fascinated by Brazil. Friendly people, good weather, and terrific landscapes. This fascination has led Zweig to publish a book called Brazil, Land of the Future (Brasilien – Ein Land der Zukunft). In this book, Zweig praised Brazil for its success in mixing individuals and groups, a true role model for multicultural societies. However, this supposed harmonious coexistence of multiple cultures in Brazil …

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Plurality of Law and DevelopmentSymposium

The new wave of law and development

This short note was inspired by the 2019 Law and Development Research Network Conference in Berlin.  The Conference was organised by the Chair for Public Law and Comparative Law at Humboldt University, and was attended by over two hundred scholars from thirty-nine countries under the heading ‘The plurality of law and development’. I am greatly indebted to those who offered their views at the conference; what follows, however, is a …

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Current Developments

(Un-)Precedented?

The relevance of the Urgenda case to the Children vs. Climate Crisis Communication

The communication brought by sixteen children before the Committee on the Rights of the Child to address the effects of states’ inaction on climate change seems at first glance unprecedented and foreign to our common ideas about international environmental law. Yet, as the Urgenda case shows, a rights-based approach to climate change is not wholly unheard of. Individual communications to the Committee on the Rights of the Child              The fact …

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Plurality of Law and DevelopmentSymposium

Reflections on the history and future of Law and Development

Recording of David Trubek’s Keynote Lecture at the LDRN Conference

Watch here the recording of  the Keynote Lecture of David Trubek (University of Wisconsin-Madison) who reflects upon the history and future of Law and Development and its main current challenges, as part of his keynote at the LDRN Conference at Humboldt University Berlin on 27 September 2019. The keynote is followed by a roundtable discussion with Celine Tan (University of Warwick), Morag Goodwin (Tilburg University), Johanna Cortes (University of Rosario), …

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Plurality of Law and DevelopmentSymposium

Social justice – a vehicle for transformative constitutionalism

Recording of Justice Madan Lokur’s Keynote Lecture at the LDRN Conference

Watch here the recording of the Keynote of Justice Madan Lokur (Supreme Court of India) who explains the challenges and opportunities of transformative constitutionalism as a vehicle for social justice, held at the LDRN Conference at Humboldt University Berlin on 26 September 2019.     If your browser does not support the video format, you can watch the keynote here: https://www.youtube.com/watch?v=2P6CYO-VzuE&t=10s

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Plurality of Law and DevelopmentSymposium

Towards comparative legal institutionalism

Recording of Katharina Pistor’s Keynote Lecture at the LDRN Conference

Watch here the Keynote Lecture of Katharina Pistor (Columbia Law School) reflecting on questions of method and theory through her approach of “comparative legal institutionalism”, opening the LDRN Conference at Humboldt University Berlin on 25 September 2019. The Keynote is followed by a comment by Prof. David Trubek (University of Wisconsin-Madison). If your browser does not support the video format, you can watch the keynote here: https://www.youtube.com/watch?v=caJ63vDbbUY&t=20s

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Current Developments

More than just a scientific report

The global assessment on biodiversity and ecosystem services as scientific and political tool

In May 2019, headlines worldwide suddenly became concerned with biodiversity. News sites and journals all quoted a report from the United Nations and its alarming conclusions that a million species could go extinct in the near future. In other terms, approximately one out of eight species, both plant and animal, is threatened with extinction. This massive extinction will be accompanied by a global ecosystem collapse and the consequent loss of …

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