Current Developments

Gender Inclusive Trade and the Limits of Liberal Feminism

The 11th Ministerial Conference of the WTO saw the coming together of 121 WTO members to support the Buenos Aires Declaration on Trade and Women’s Economic Empowerment (hereinafter ‘Gender Declaration’). Members went on to endorse a liberal feminist strategy to promote gender equality within the international trading system. Pursuant to the Gender Declaration, the WTO has convened a series of conferences and workshops to deliberate upon ways to promote women’s participation in …

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Event

Provoking the Single Story

A Report of the MPIL/JHIL-Conference “Politics and the Histories of International Law”

Telling a history of international law is every time a mode of echoing oneself in the present. The danger of a single storyand its oppressive force to identities and peoples that are misrepresented or not represented in it have been stressed in recent years by many scholars, but not only them. It was perhaps most remarkably and famously spelled out by the Nigerian novelist Chimamanda Ngozi Adichie in a TED …

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Customary International LawSymposium

Why Customary International Law Matters in Protecting Human Rights

Does customary international law really matter in protecting human rights, and if so how? This was the theme of a panel at International Law Weekend in New York on October 20, 2018. International Law Weekend is an annual conference organized by the American Branch of the International Law Association. The panel was sponsored by the American Branch’s Committee on the Formation of Customary International Law, of which I serve as chair. …

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DiscussionResponse

Of BITs and pieces, resistance and simplification

It has been a pleasure to read to what now amounts to an exchange of views between Prof. Ranjan and Kanad Bagchi on some of the critical issues surrounding the foundations and functioning of international investment law (IIL), especially in relation to ‘Third World’ countries. Being deeply interested in the topic, and a member of the KFG ‘International Rule of Law – Rise or Decline?’ that has been mentioned by …

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South and East Asian Perspectives on International LawSymposium

Multiperspectivism in and on international law

The symposium on “South and East Asian perspectives on international law” postulates that perspectives matter for the understanding, interpretation, and application of international law. I agree, but would like to caution against throwing out the baby with the bathwater by giving up the never-ending struggle for a bottom-up universalisation of the international legal discourse. Our scholarly approaches, arguments and assessments are value-loaded and connect to underlying political and theoretical preferences …

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South and East Asian Perspectives on International LawSymposium

Backlash against international law by the East?

How the concept of ‘transplantation’ helps us to better understand reception processes of international law

The symbolic metaphor of ‘Eastphalia’ that has been referred to in the opening post of this symposium, which is a wordplay around ‘Westphalia’, is very loaded in its curious terminological choice. Westphalia is a myth that plays a central role in the linear narrative on the development of international law from West to East. The analogy is not very flattering – as it is another ‘orientalist’ labeling that creates an impression …

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South and East Asian Perspectives on International LawSymposium

Are We Living in an Eastphalian Moment?

It is indisputable that economic and geopolitical power has shifted east and that the core-semi periphery-periphery symbolism, a common reference for liberal, socialist and postcolonial states, increasingly mischaracterizes the complexities of relations at play, as do voices who proclaim the beginning of the post-liberal world order. True, in liberal strongholds, nationalistically-minded authoritarianism is on the rise again, more subtle than in the first half of the 20thcentury, but with similar …

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South and East Asian Perspectives on International LawSymposium

From Liberal and Equal to Fraternal International Legal Order?

Eastphalian Synthesis of Sovereignty and Governmentality

  A quarter half of a century has passed since Francis Fukuyama declared in The End of History the ultimate triumph of Western liberal democracy. Contrary to this prophecy, we are witnessing the sunset of the Western liberal international legal order. It has been revealed in several critical momentathat liberal internationalism has militant, interventionist character that causes paradoxical consequences of ‘illiberal liberalism’: in order to protect what a liberal State perceives …

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South and East Asian Perspectives on International LawSymposium

The Ecological Atlas of International Law

A Chinese Reading of Three Celebrated Works in the Comparative International Law Discourse

In an effort to “identify, analyze, and explain similarities and differencesin how international law is understood, interpreted, applied, and approached by different national and international actors”, comparative international law as a research area has recently received more scholarly attention, at a time when faith in international law’s universality seems to be declining. In light of the dynamics of international power, especially the rise of China, “multiperspectivism” is expected to facilitate …

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South and East Asian Perspectives on International LawSymposium

The ‘Standard of Civilization’ in international law

Intellectual perspectives fom pre-war Japan

Any history of international law in Japan and the discourse on Japan’s semi-civilized status begin with nineteenth-century European encounters. Although there is thick literature on the ‘pre-modern’ international order in the Far East, the normative connection between Japan’s various responses to this order, on the one hand, and its engagement with the nineteenth-century European notion of the standard of civilization, on the other, is not adequately spelled out. I argue …

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