Call for ContributionsCritical Race Perspectives on International LawSymposium

Call for Contributions: Critical Race Perspectives on International Law

Call for contributions to the upcoming online-symposium

“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 analyzing power relations and structural discrimination underlies the symposium “Critical Race Perspectives on International Law“ that Völkerrechtsblog will host in January 2018. We invite contributions that address questions of race in various areas of international law, those taking …

READ MORE →

Call for ContributionsRussian Perspectives on International LawSymposium

Call for Contributions: Russian Perspectives on International Law

Call for contributions to the online-symposium

The Völkerrechtsblog is happy to announce an online symposium on “International Law Seen from Russia”. This symposium is meant to offer insights from scholars working on international law issues related to Russia, to shed light on specific questions from the Russian context, and on Russian perspectives on international law. Russia is among the five permanent members of the United Nations Security Council, occupying a central place in UN law-making and …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Auctoritas non veritas facit Legem

A Response to Professor Roberto Niembro’s Conceptualisation of Authoritarian Constitutionalism

This blog post is a response to Roberto Niembro’s post on authoritarian constitutionalism for the Global South in Comparative Constitutional Law. This post will be cross-posted on the Blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL blog .  At the beginning of the new century there are more constitutional democracies than ever, and authoritarian regimes seems to be weaker, isolated and more …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Access to Justice for Socio-Economic Rights: Lessons from the Indian Experience

This is a cross-post shared with  the blog of the International Association of Constitutional Law as part of a collaboration between Voelkerrechtsblog and the IACL Blog. Professor David Bilchitz in a recent blog considered obstacles concerning access to justice for litigating socio-economic rights in South Africa and potential solutions to overcome these obstacles. He argued that South Africa should (i) empower individuals to enable them to make claims and (ii) expand its current …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Constitutional authoritarianism, not authoritarian constitutionalism!

A Constitutionalist View

In these times of re-emerging illiberalism, populism and authoritarianism, there is an increasing need for us to attempt to find new academic concepts to describe the phenomena that are emerging. These efforts can also help to redefine existing forms of constitutional developments. One increasingly common term used is authoritarian constitutionalism, which seems to fit into the debates of the last decades like global constitutionalism or international constitutionalism, and appears to …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Interrogating “Constitutionalism of the South” and New Pathways for Research: The Case for a Central America in the Global Debate

Latin American constitutional scholarship is on the rise in the Anglophone world. New collaborative works (such as Dixon and Ginsburg’s new comparative constitutional law edition (2017), the Borges et al ‘Law and Policy’ edition (2017), and Couso et al ‘Cultures of Legality’ (2010), as well as individual monographs (like Gargarella (2013) and Mirow (2015)), provide a quality introduction to the region in English. Latin Americanism in Latin American Comparative Studies …

READ MORE →

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 …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Towards a Constitutionalism of the Wretched

Global Constitutionalism, International Law and the Global South

The field of Global Constitutionalism (also sometimes called “International Constitutionalism”) is a very odd field, one which, with very limited exceptions (Frankenberg, Schwöbel, and Volk), has been neglected by most critical international and constitutional law scholars. One reason it is an oddity is because of its disciplinary hybridity. That is to say, it is neither fish nor fowl – it is neither fully a discipline of comparative constitutionalism nor is …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Expanding Access to Justice for Socio-Economic Rights Complaints in South Africa

Which Direction Should We Head in?

The South African constitution has been lauded for its inclusion of justiciable socio-economic rights. Yet, making claims flowing from these rights remains inaccessible to many people across the country. This blog post (based on a paper being presented at a conference in Berlin on Constitutionalism in the Global South) seeks to consider the obstacles relating to access to justice for socio-economic rights claims in South Africa and potential solutions. I …

READ MORE →

Global South in Comparative Constitutional LawSymposium

Pushing for Transformation

Comment on the VRÜ anniversary conference panel on “Transformative Constitutionalism”

Transformative constitutionalism is a somewhat fuzzy notion. Reflecting about its exact meaning, one wonders what it actually is that distinguishes transformative constitutions of other types of constitutions. On the surface, the qualification as transformative signifies that a constitution contains norms that describe a particular aim or status to be reached. In the German context, one might for example think of Article 3 (2) of the Grundgesetz requiring the state to …

READ MORE →