Plurality of Law and DevelopmentSymposium

Scholars in mutual estrangement?

Transformative constitutionalism meets law and development

There is a curious estrangement between two scholarly communities that ought to have a lot in common: The first studies “transformative constitutionalism”, the second “law and development”. There is considerable thematic, geographical and methodological overlap between the two. Yet, the two strands of scholarship do not systematically connect. My argument in this post is that connecting the two approaches is productive because it confronts each side with its own blind …

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Plurality of Law and DevelopmentSymposium

Empowerment of indigenous and ethnic groups

Comparing cases on land use under the ACHPR and ECHR

Ten years ago, the European Court of Human Rights (ECtHR) decided on the admissibility of the case Handölsdalen Sami Village and Others v Sweden dealing with the land use of the Sami and their reindeer herds. In the same year, the Endorois case was decided by the African Commission on Human and Peoples’ Rights (AComHPR), concerning the land use of another indigenous people, the Endorois. The outcome of these two …

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Plurality of Law and DevelopmentSymposium

A slow revolution to protect the poor and vulnerable?

The International Monetary Fund’s Social Spending Strategy 2019

The International Monetary Fund (IMF) is the “single most influential international actor not only in relation to fiscal policy but also to social protection”. This is how the Special Rapporteur on extreme poverty and human rights has recently characterized the IMF. The statement recognizes the importance of IMF policy-making for the sustainable financing of social protection frameworks. In June 2019 the IMF acknowledged this role with the adoption of the …

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Plurality of Law and DevelopmentSymposium

Increasing the benefits, reducing the costs

Adding competitiveness to the theory and practice of free trade agreements and regional integration in Africa

With an increase in the spread and impact of independent regulatory agencies, Africa now has a nascent but significant network of competition authorities and other economic regulators.  This growth in African regulatory practice and influence contributes to the value of adding the factor of competitiveness to the theory and practice of African regional integration.  To add competitiveness may well increase the total benefits and speed of these developments of multinational …

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Plurality of Law and DevelopmentSymposium

The plurality of law and development

Reflections on a field in transformation

As a legal field, law and development is often traced back to the movement of US-American scholars and practitioners in the 1960s and 1970s, both epitomized and criticized by David Trubek’s seminal article “Scholars in Self-Estrangement”. While this strand remains an important reference, the story of law and development is arguably broader, more plural and more global. The plurality of law and development is marked by a variety of national …

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Cynical International LawSymposium

A rule to catch them all

How European policies on combating abuse of rights in tax law aim at countering cynicism by non-state actors

One of the legal regimes where cynicism is most prevalent in the eye of the public is tax law. After the so-called ‘Panama Papers’ and ‘Paradise Papers’ public debate on fair taxation of companies was rekindled at the World Economic Forum 2019, where Rutger Bregman stressed that it is cynical when people talk about philanthropic engagement, equality and transparency, yet ‘almost no one raises the real issue of tax avoidance’. …

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Cynical International LawSymposium

Back in time to Roman Law

Thoughts on an analogy of ‘Abuse of Right’ in International Law

The prohibition of abuse of right calls into question that branch of legal positivism that sees law as a ‘pure’ discipline with necessarily no connection with morality (the so-called exclusive positivism). Law prohibits something that is allowed within its own system, but that is rejected according to other rules (the rules of morality). Is the law therefore flawed? Is it cynical? One might object and say that if the prohibition …

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Cynical International LawSymposium

How to be cynical: some suggestions

Livestream of Prof. Gerry Simpson’s Keynote Lecture at the Conference ‘Cynical International Law?’, 6 September 2019

Watch here the livestream of Prof. Gerry Simpson’s Keynote Lecture, opening the Working Group of Young Scholars in Public International Law’s (Arbeitskreis junger Völkerrechtswissenschaftler*innen – AjV) and the German Society of International Law’s (Deutsche Gesellschaft für Internationales Recht – DGIR) joint conference Cynical International Law? Abuse and Circumvention in Public International and European Law held at Freie Universität Berlin on 6-7 September 2019. Find the conference program here. What might …

For further live updates on the conference on Friday and Saturday, follow Völkerrechtsblog’s Twitter account.

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Cynical International LawSymposium

Cynicism? Yes, please!

Embracing cynicism at the International Criminal Court

Debates surrounding cynicism in international law have an inherently negative focus. But why not try to take something positive-constructive out of the cynicism an institution is experiencing? Since there are few institutions, which are currently facing more cynical backlash than the International Criminal Court (ICC/Court), this piece will take a look at the reasons and at the question how cynicism manifests itself in the context of the Court and how …

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Cynical International LawSymposium

All’s fair in the law of war?

Legal cynicism in the Israeli-Palestinian conflict

On June 1, 2018, Razan Al-Najjar, a twenty-one-year-old Palestinian paramedic, was killed by Israeli fire during demonstrations along the Israel–Gaza border. Her death triggered intense debates concerning the facts and circumstances of the shooting: was Al-Najjar the target of the Israeli fire, as several human rights organizations concluded, or was the deadly bullet directed at other violent demonstrators, as the Israeli military found? Was she standing alone, with only other …

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