Current Developments

Collective punishment in the Indian-administered Kashmir

India violating the prohibition of collective punishment

On 19th May 2020, Indian security forces destroyed at least fifteen houses during a military operation against two separatist militants in Kashmir. This destruction of houses is merely a part of the larger pattern of ‘collective punishments’ carried out in the Indian-administered Kashmir. In this blog post, the author argues that the Indian government’s recent security measures and policies in Kashmir violate the prohibition of collective punishment and therefore breach …

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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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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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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

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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