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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Book ReviewSymposiumThe Corporation, Law and Capitalism

Legal form(s) beyond capitalism?

The Corporation, Law and Capitalism is an important book. With a historical-materialist focus on the legal configuration of the corporation as a legal entity, Grietje Baars shows in an exemplary way the role of law in the shaping of capitalism. As their starting point, Baars refers to a historical materialism based on the authors Pashukanis and Miéville. Accordingly, Baars assumes that property is the raison d’etre of law (p. 19). …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Rechtsform(en) jenseits des Kapitalismus?

The Corporation, Law and Capitalism ist ein wichtiges Buch. Mit einem historisch-materialistischen Fokus auf die rechtliche Konfigurierung des Unternehmens als Rechtsperson zeigt Grietje Baars exemplarisch die Rolle des Rechts für die Ausgestaltung des Kapitalismus. In ihrem Ausgangspunkt bezieht sich Baars dabei auf einen historischen Materialismus gestützt auf die Autoren Pashukanis und Miéville. Dementsprechend geht Baars davon aus, dass das Eigentum raison d’etre des Rechts sei (S. 19). Eigentum sei als …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Seeking corporate accountability for human rights

Concealment and congealment in international law

The Corporation, Law and Capitalism provided a fantastically refreshing (if a little depressing) counter-narrative of international (criminal) law’s intimate relationship with capital, and the paradoxical effect this has on attempts to hold corporations accountable for their actions. In the field of business and human rights (BHR), we try to utilise law (in its various forms) as a tool to ensure justice for rightsholders who have been negatively affected by corporate …

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Book ReviewSymposiumThe Corporation, Law and Capitalism

Working toward the world we want to live in

Introducing the book symposium on Grietje Baars’ “The Corporation, Law and Capitalism: A Radical Perspective on the Role of Law in the Global Political Economy”

Grietje Baars’ recently published book The Corporation, Law and Capitalism is a powerful intervention on multiple accounts. Baars’ study spearheads and complements a newly revived Marxist legal tradition in the footsteps of Soviet legal theorist Evgeny Pashukanis, whose work on “The General Theory of Law and Marxism” (1924) pioneered the commodity-form theory of law. Pashukanis’ main argument is that the commodity form and the legal form follow the same logic, …

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IL in Pandemic TimesSymposium

The case for global constitutionalism in pandemic times

As the first shock wave caused by the Covid-19 has partially passed, the conditions and effects of the epidemic and even the post-pandemic process started to be discussed among international public law scholars. So far, the “online” debates among international lawyers seem to focus on a few issues, and one of the solid topics emerging from these debates is the question of whether we are currently witnessing the end of …

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IL in Pandemic TimesSymposium

Creating a kingdom of stone walls

The crisis in India’s emergency communication strategy amidst the COVID-19 pandemic

India has 376 million active social media users, out of which 66 million are aged between 5 and 11 years, suggesting that a significant number of India’s demographics on social media are school children. Such a vulnerable demographic coupled with the rampant media censorship has created a labyrinth of misinformation on social media in the past. Similarly, during the COVID-19 pandemic, Social media is flooded with fake news – ranging …

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IL in Pandemic TimesSymposium

To sue or not to sue

Enforcing the obligation to notify under the international health regulations

Various areas of international law highlight the value of information and the essential role of the obligation to notify in fulfilling other duties. The current COVID-19 global crisis has further stressed the significance of notification requirements, given the hypothesized possibility that the pandemic could have been averted had the obligation to notify been fulfilled. Through International Court of Justice (“ICJ”) cases that analyze this obligation, mainly relative to the customary …

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IL in Pandemic TimesSymposium

Racial violence and COVID-19

A brief reflection on the coloniality of power in pandemic times

Since COVID-19 emerged, Western discourse vivifies the exclusion and objectification of racial groups regarding both a responsible subject and potential solutions to the pandemic. These solutions articulate political interests instead of addressing the common interests and needs of the entire international population. Western discourse during the pandemic particularly affects the African continent and phenotypically Asian people. It is expression of the still prevailing coloniality of the international structure of power …

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IL in Pandemic TimesSymposium

Claims after COVID?

COVID-19 and state defenses in response to investment claims

COVID-19 continues to wreak havoc – not only by taking the lives of thousands of people across the world but also by impacting the national and international economy. The pandemic has disrupted business in all of its manifestations and caused millions of workers to be laid off. Many companies, including those owned and run by foreign investors, are subjected to an unprecedented host of state measures. These unexpected circumstances have …

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