Current Developments

Swapping livelihood with electricity

Legal analysis of human rights violations by Guinea’s new dam construction

Guinea’s Souapiti dam which is slated to start functioning in September 2020, is seen as a systematic means to provide urgent electricity access to the country. The construction of the dam, however, comes at a considerable human cost and will displace an estimated 16,000 number of people. A report documented by Human Rights Watch (HRW) highlights that the dam’s reservoir will eventually “flood 253 square kilometres of land, including a …

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Book ReviewIndigenous Rights and BiodiversityInterviewSymposium

Indigenous peoples and biodiversity law in Ecuador

An interview with Daqui Lema Maldonado from the Kichwa People of Otavalo

The book symposium on Federica Cittadino’s attempt to incorporate indigenous rights in international biodiversity law raised various theoretical and practical issues for international legal scholarship. But how is the link between these two legal regimes perceived from an Indigenous perspective on the ground? In this interview, Alexandra Tomaselli speaks with Daqui Lema Maldonado, an academic, cultural activist, and the Secretary of the Kichwa Cabildo of Otavalo in Ecuador, about the …

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Current Developments

Time for an Islamic legal scholar at the ICC?

On the International Criminal Court’s lack of Islamic law representation

2020 will be a busy year for the International Criminal Court’s (ICC) Assembly of State Parties (ASP) as three elections are coming up in December: The elections of six judges, one prosecutor and six members of the Committee on Budget and Finance. The ASP should take this opportunity to bring an Islamic legal scholar, a Faqih, to the Court. The Court is an international court. It should therefore represent the …

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Forum

Call for participants: Experimental study in international law

We would like to ask you to participate in a study combining international law and experimental philosophy. The study will ask for your views on four different, international law-related scenarios. It is entirely in English. Participation will  take about 10 minutes of your time. As response times matter, it would be important to provide your answers “in one go”. We are aware that your time is very precious and therefore …

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Book ReviewIndigenous Rights and BiodiversitySymposium

Incorporating indigenous rights in the CBD

A theoretical model that should inform implementation

Let me start by thanking the symposium’s editors and the three researchers that have accepted to review my work for their thoughtful comments and for sparking a lively discussion. In my book, I argue for the harmonisation of a too often fragmented international legal system: Indigenous peoples’ rights and biodiversity law. The main purpose though is not only to ensure theoretical consistency, but also to suggest avenues for a mutually …

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Book ReviewIndigenous Rights and BiodiversitySymposium

Two opposing commitments?

Towards a synchronised protection of biodiversity and indigenous peoples’ rights

Federica Cittadino’s book examines the tension that underpins the relationship between two key commitments undertaken by the international community, namely the commitment to protect indigenous people’s rights and the commitment to protect biodiversity. This book becomes especially relevant at a time when we are frequently reminded of the difficulty of reconciling the two ensuing legal regimes. What, then, can be done to prevent governments’ actions, taken in the pursuit of …

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Book ReviewIndigenous Rights and BiodiversitySymposium

Indigenous power beyond human rights

Indigenous power in international law has long been subsumed under the language of international human rights, and we have turned ourselves blind to other possibilities in international law that Indigenous peoples can rely upon. One such option is international environmental law, which has seldom received sustained scholarly attention. In her new book, Federica Cittadino “argues that a correct interpretation / implementation of the international framework on the protection of biodiversity …

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Book ReviewIndigenous Rights and BiodiversitySymposium

Traditional knowledge and customary law

Recognizing indigenous peoples for environmental conservation

While the world’s 370 million of persons belonging to an Indigenous people account for less than five percent of the total human population, they hold tenure over 25 percent of the world’s land surface. These lands represent about 80 percent of the global biodiversity. This blog post critically reflects on the role of Indigenous peoples in the conservation of the environment, considering the legal analysis of the biodiversity conservation regime …

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Book ReviewIndigenous Rights and BiodiversitySymposium

Incorporating indigenous rights in the international regime on biodiversity protection

Introducing the book symposium on Federica Cittadino’s book on access, benefit-sharing and conservation in indigenous lands

This post is the first of a series of four that will discuss Federica Cittadino’s book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection. Access, Benefit-sharing and Conservation in Indigenous Lands (Brill, 2019). The book starts from the assumption that Indigenous peoples are not only considered as stewards of the environment in international law but may become victims of the international protection of biodiversity. Cittadino argues that this …

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BofaxeCurrent Developments

Germany’s commitment to international justice

On the groundbreaking first trial addressing genocide against Yazidis

Part I Six years after the so-called “Islamic State in Iraq and Syria” (ISIS) began persecuting and annihilating the Yazidis, an ethno-religious minority group in Northern Iraq, the first trial of its kind addressing genocide against the group commenced in Frankfurt am Main on April 24, 2020. While the world is focusing its efforts to contain the COVID-19 pandemic, the Frankfurt judges are avidly going forward with the case against …

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Current Developments

A crisis (not) averted

How the government-imposed lockdown led to a mass exodus of migrant workers in India

The COVID-19 led humanitarian crisis in India has resulted in, what journalist P. Sainath calls, ‘the discovery of its migrant workforce’. The number of internal migrants in India is estimated to be 139 million (Census 2011) with an annual average movement of 9 million people recorded between the states during the period of 2011 to 2016 (Economic Survey of India 2017). In what is known as one of the most …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Perfect pandemic reading

I am very excited about my book being discussed in the Völkerrechtsblog and grateful to Michael Bader for organising it, and for the six readers taking their time to dip into my 500-page tome. I hope I can do some justice to the reviews in these few words, and for the questions or comments not addressed, I hope the opportunity arises for a face to face discussion, over a beer …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Between utopia and affirmation of the status quo

For someone who has been working in the field of so-called strategic litigation against multinational corporations in international (criminal) law and other fields of national law for more than a decade, it is obvious that law often enough benefits the interests of the economically and politically powerful. Still, legal interventions can very well serve as a tool of resistance for communities affected by corporate abuse. Beyond resistance, there is a …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Internationales Recht und kapitalistische Verwertungslogik

Zur politischen Ökonomie der Unternehmensverantwortung

The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy ist ein lautes Buch. Die Autor*in verspricht, auf “radikale” Weise unseren Blick auf das Verhältnis von Wirtschaft, Unternehmen und der Entwicklung des Internationalen Rechts zu verändern; neue Kritik vorzutragen, die sich unter anderem auf bisher ungesichtetes Archivmaterial stützt. Vielleicht bedarf es einer derartigen Ansage, um im ohrenbetäubenden Rauschen des “Corporate Accountability” und …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

International law and capitalist logic of exploitation

On the political economy of corporate responsibility

The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy is a loud book. The author promises to “radically” change our view of the relationship between the economy, business, and the development of international law; to present new critique based, among other things, on previously unseen archive material. Perhaps such an announcement is needed to be heard in the deafening noise of …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Of law(s) and capitalism(s)

The thrive for corporate accountability has given rise to some of the most vivid legal developments since the post-war era. In a liberal logic and from the vantage point of the rule of law, these have generally been championed. Pioneering cases against industrialists in the Nuremberg war criminal trials, a surge of civil liability claims brought against lead firms in the Global North, the recent openness of the European Commission …

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