Critical Race Perspectives on International LawInterviewSymposium

“There is still a lot of work to be done.”

An interview with Patricia Tuitt on the meaning and tasks of Critical Race Theory

Patricia Tuitt is a UK based legal academic with a sustained track record of teaching, research and strategic management within the field of critical legal studies. She has written extensively on international refugee law and the European Union, engaging critical race and postcolonial perspectives in various contexts. In this interview, she was willing to speak about her understanding of critical race theory and of its significance for international law. The …

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Critical Race Perspectives on International LawSymposium

We need to talk about ‘race’

Symposium: Critical Race Perspectives on International Law

“Race is the child of racism, not the father,” writes Ta-Nehisi Coates in “Between the World and Me”. Such understanding of race, not as an empirical category but as a category for analysing power relations and structural discrimination, underlies the symposium “Critical Race Perspectives on International Law”.  We take inspiration from the important work of critical race theorists who posit that racism is not simply a matter of individual prejudice …

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Russian Perspectives on International LawSymposium

Symposium: “Russian Perspectives on International Law”

We are excited to launch the Symposium “Russian Perspectives on International Law”. It has been in planning for a while, and we were enthusiastic about the response to our call for contributions. The symposium is motivated by an interest in the manifold ways in which the Russian case vis-à-vis international law is special. Politically: Russia, belonging to the five permanent members of the UN Security Council, plays an important role …

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Current Developments

The identification of individuals

Some thoughts on the ECHR judgment in the case N.D. and N.T.

The European Court of Human Rights (ECtHR) in its judgment in the case and N.T. v. Spain found that push-backs to Morocco in the border zone of the Spanish enclave Melilla violated the prohibition of collective expulsion. The decision is important as it concerns the delimitation between legitimate border protection and practices that violate the European Convention of Human Rights (ECHR) – and thereby the key question in all regulation …

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Interview

“You learn a lot from your teachers but mostly from your students”

An interview with Joseph H. H. Weiler

From Joseph Weiler you can learn a lot – not only about what he teaches, but also about how to teach. That was the widely shared impression of participants in the 2017 Masterclass at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg. At the end of four amazing days of discussion and learning, Joseph Weiler kindly agreed to give an interview, and to talk about jokes, teaching, and the human condition.

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Current Developments

The Michigan Guidelines on Refugee Freedom of Movement, or: how explosive existing law can be

The Michigan Guidelines are a document in which legal scholars summarize the existing international laws of refugee protection on one particular aspect. They are “just” an expert opinion – yet by no means insignificant in that capacity. They are used by courts interpreting the law and thus stand themselves at the threshold of the legal. At any rate the guidelines can frame debates about the legality of state actions in …

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Current Developments

Die Michigan Guidelines on Refugee Freedom of Movement, oder: so brisant ist das geltende Recht

Die Michigan Guidelines sind ein Dokument, in welchem WissenschaftlerInnen das bestehende Flüchtlingsrechts zu einem bestimmten Aspekt zusammenfassen. Sie sind „nur“ eine Expertenmeinung – und dabei doch nicht wenig: Sie werden von Gerichten zur Auslegung des Rechts herangezogen und stehen so selbst an der Schwelle zum Rechtlichen. In jedem Fall können sie die Debatten über Rechtmäßigkeit von staatlichem Handeln im Bereich Flüchtlingsschutz und Migrationskontrolle rahmen. Sie tragen die wesentlichen Rechtsvorschriften zusammen …

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Feminist Critiques of International CourtsSymposium

Judgment and diversity

Thinking with Hannah Arendt about the composition of international court benches

If the number of female judges in an international tribunal is one out of twenty-one, as in the case of the International Tribunal for the Law of the Sea (ITLOS), we can assume that there is a problem. Not because a woman’s judgment would necessarily and predictably be different, as Selen Kazan has discussed. But, as Nienke Grossman also explains here, because women are just as qualified to serve as …

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Feminist Critiques of International CourtsSymposium

It’s not about “women’s issues”.

An interview with Nienke Grossman about parity on international court benches

There is no way to get around Nienke Grossman’s work when reflecting about diversity on the benches of international courts. Her scholarship offers statistics about the numbers of women judges, their development over the last years and the respective distribution along nationalities; it examines causes for the exclusion of women, and discusses reasons for claiming a more equal composition of benches. While directly concerned with the representation of women in …

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Feminist Critiques of International CourtsSymposium

Symposium: Feminist Critiques of International Courts

In the upcoming days, we are very glad to host a symposium on feminist critiques of international courts. Where to begin when introducing this topic? There is much to say about the particular role of (international) courts for international law, and equally much about the role of feminist perspectives for international law. Courts are not just institutions, in which a decision is rendered about the interpretation of law in a …

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