International Law

International regulation of autonomous weapon systems (AWS) is increasingly conceived as an exercise in risk management. This requires a shared approach for assessing the risks of AWS. This paper presents a structured approach to risk assessment and regulation for AWS, adapting a qualitative framework inspired by the Intergovernmental Panel on Climate Change (IPCC). It examines the interactions among key risk factors—determinants, drivers, and types—to evaluate the risk magnitude of AWS and establish risk tolerance thresholds through a risk matrix informed by (...) background knowledge of event likelihood and severity. Further, it proposes a methodology to assess community risk appetite, emphasizing that such assessments and resulting tolerance levels should be determined through deliberation in a multistakeholder forum. The paper highlights the complexities of applying risk-based regulations to AWS internationally, particularly the challenge of defining a global community for risk assessment and regulatory legitimization. (shrink)

The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...) law with other fields of law namely environmental law, human rights law, and intellectual property law. (shrink)

Earth consciousness involves an understanding of our relationship with earth. It involves the study of earth forms, their life processes and inherent needs. The concept has created a field of frameworks and knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth and all its forms . Earth consciousness or the (...) universal respect for nature and all of its forms is manifesting in different ways. The multidisciplinary approaches that build the idea of Earth consciousness have added much weight to building frameworks for protection & preservation. One can see an influence of cultural, ethical, legal, philosophical, religious, & spiritual perspectives in the realization of a deep & meaningful relationship between humans with nature. This document sheds light on the diverse frameworks evolved and evolving to give effect to the growing earth consciousness. Much emphasis also placed on the "Rights in Nature Framework" and the "Post 2020 Bio-diversity Framework". (shrink)

A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.

The Latin America and the Caribbean (LAC) region is a distinct geographic, economic and cultural area with a place in the climate change landscape. LAC has suffered the impacts of climate change at a level disproportionate to the amount of emissions it produces. Awareness of this experience, in addition to factors such as the region’s large young population, increasing middle class, vast natural resources and considerable economic growth potential provide reasons to hope LAC can implement significant climate change policies to (...) meet its Paris commitments. Springing from its cultural and historical affinities, the region has borne a flurry of polycentric initiatives promoting exchange, integration and coordinated approaches to common problems. Climate policy implementation to meet Paris commitments is still incipient, with some of its countries serving as models, some as laggards and the rest positioned somewhere in between. For this reason, partnerships with regions which have advanced more in this area can prove useful. The EU-CELAC summits and the Euroclima program are two examples. Due to its high levels of inequality and social unrest, the key challenge to implementing climate policies in LAC will be the strengthening of a political atmosphere where human rights, the rule of law and democratic values prevail. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

"Resolution of Jerusalem’s status arguably remains controversial because of the divergent analytical lenses through which the conflict’s parties, and others, view its intertwined legal, territorial, historical and religious issues. Thus, Jerusalem persists as an intricate and intractable cornerstone of the Israel-Palestine conflict." Diakonia International Humanitarian Law Resource Centre.

What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...) becomes relevant, because it maintains that traditions have a rationality of their own, and that all rationality is in some sense traditional. That MacIntyre himself has used these ideas to dismiss the doctrine of universal human rights only shows the extent to which MacIntyre (like many others) has misunderstood the true character of that doctrine. (shrink)

How should international law’s role in determining international distributive outcomes, economic and otherwise, affect how we think about its legitimate authority? Domestic institutions’ legitimate authority in respect of distribution derives in large part from their concurrent roles in enabling security and coordination. Internationally, by contrast, functional disaggregation means that distribution must be legitimised in its own right. I begin by distinguishing the phenomenon of Distributive International Law, on which my argument focuses. I next introduce a number of wide instrumental accounts (...) of legitimate authority, including Rawls’ Natural Duty account, Buchanan’s metacoordination view, and Williams’ political realism, showing how each understands legitimacy as an institution-level characteristic, allowing an institution’s success in one area to support its legitimacy in another where it may be less successful. This poses the question of how we distinguish amongst distinct institutions, which I answer by reference to the causal and constitutive (in)dependence amongst activities. This approach explains why distributive legitimacy does not arise as a separate question domestically: we cannot distinguish the state’s security and coordination activities from its distributive activities, so if the former are legitimate then so, ipso facto, are the latter. Internationally, by contrast, these mutual dependencies are limited, requiring that the legitimacy of distribution be established independently of other roles that international law plays. (shrink)

This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...) other conflicts, such as those in Syria. In theory, the institutions of human and national security can help reconcile peoples whose tenuous unity had been shattered in wartime. The sometimes competing priorities and policies of Iraqi politicians, civil society groups, and judges resulted in swift justice for Iraqi officials responsible for mass killings involving Shi’a Arab, Kurdish, and other victims, but a lack of justice for other segments of the population. The emphasis of some claims of injury over others may have "reenchanted" some sectors of Iraqi society with the state and its institutions, while alienating others and contributing to ruptures in the social fabric. The Coalition Provisional Authority, Iraqi leaders, and international community ensured that the high-profile proceedings against former regime officials would not be accompanied or followed by others that some Iraqis might perceive as being as pressing as those of the Iraqi High Tribunal, relating to the impact of sanctions and aerial bombardment, the legality of Iraq's occupation, torture, etc. (shrink)

This article was developed as part of the forthcoming special issue on "Reparations" for the Journal of Social Philosophy and was accepted (with minor revisions) by the guest editors Christina Nick and Susan Stark in November 2021. The special issue article is available online open access for early view. -/- Abstract: The United Nations Commission on Human Rights acknowledges the Right to Know as part of state obligations to combat impunity and thereby protect and promote human rights in the aftermath (...) of “serious crimes under international law”. In light of such an institutionally acknowledged epistemic right of victims, this paper explores the normative foundations of the idea of epistemic reparation in the aftermath of genocide. I argue that such epistemic reparation requires not only fulfilment of the informational needs of victims, survivors and descendants, including access to knowledge about the violations. By taking into account epistemic injuries, which are part and parcel of genocide, it ought to also re-establish victims’ epistemic standing. This is because genocide is enabled, justified and even prescribed through a genocidal epistemology involving the propagation of falsehoods and misinformation about social reality as well as abuses of epistemic authority and epistemic authoritarianism. Hence, epistemic reparation ought to correct the dysfunctional epistemic practices that underlie and sustain a genocidal epistemology. It thereby provides victims, survivors and descendants with epistemic recognition that has been systematically withdrawn from them, making epistemic reparation a crucial element of restorative justice. (shrink)

Throughout the Yemeni Civil War, western states have supplied weapons used in the indiscriminate bombing campaign conducted by the Saudis. In defence of their actions, British politicians have argued that they are exchanging weapons for influence, and using the influence obtained to encourage compliance with humanitarian law. An additional premise in the argument is that Britain is using its influence more benignly than alternative suppliers would use theirs if Britain were not on the scene. The idea is that Britain is (...) substituting itself for other, less scrupulous, interveners. I argue that, regardless of whether British substitution intervention could be justified in this way…, it is not in fact justified, because Britain has not plausibly used its influence to secure an amount of good sufficient to offset the various harms that its actions have created (or to discharge the expanded duties of rescue that greater influence entails). In addition, the article identifies the various forms that substitution intervention can take, and shows how the concept reveals hitherto neglected reasons to both support and oppose intervention in foreign conflicts. (shrink)

How can legal orders coexist? Contemporary lawyers and philosophers frequently accept that a legal system operates under its own terms and is shaped by its own participants. Any problems posed by the plurality of legal orders in the world are to be dealt with by each legal order separately. So persons that are caught in transnational disputes because they are subject to two or more jurisdictions, have recourse to private international law, which is always part of domestic law, i.e. the (...) law where the case happens to arise. But this analysis does not capture international law. This is, or appears to be, a distinct legal order that is certainly not the law of a distinct nation or a people but aspires to cover the whole of the world and – perhaps surprisingly – does seem to meet many of the ordinary criteria of a legal order. This review essay discusses two recent attempts at accommodating international law, Regulating Jurisdictional Relations Between National and International Courts, by Yuval Shany and A Theory of Interpretation of the European Convention of Human Rights, by George Letsas. In their own ways both books outline a ‘substantive’ theory of international law, which is to be welcomed. (shrink)

This article is a comment and reflection on Joseph Weiler’s essay ‘The Political and Legal Culture of the European Union: an Exploratory Essay.’ The article responds to Weiler’s argument by sketching a philosophical framework within which we may understand the moral distinctness of the European Union. The argument is informed by the international political theories outlined by Kant and Rawls, according to which the domain of international institutions is distinct from that of domestic politics. If the European Union is an (...) international project for the achievement of international and cosmopolitan objectives, then the virtues that it ought to promote are not those of the state. Instead, the relevant virtues are outward looking in that they require respect to other nations and citizens as equal members of the society of peoples. (shrink)

This article sets out the major tenets of new materialism and maps out its implications for international law. It considers what new materialism might offer for those of us working within international law in the way of new insights, resources, practices or politics. It first sets the contours of new materialism within the broader material turn. It then elaborates three main tenets of new materialism’s methodology, theory, and ontology: its attention to matter in its physicality; the embedded and entangled subject; (...) and the vitality or agency of objects. The article focuses on how new materialist work might help us to understand, first, subjectivity and second, power and accountability in international law. It concludes that new materialist approaches offer important and compelling insights, working against entrenched categories and structures that continue to perpetuate or excuse violence and harm in international law’s doctrines and practices. These insights provide resources for rethinking power and subjectivity, and the role these play in international law. However, those of us working to consider how we can respond to pressing crises of justice and coexistence within international law may find new materialism most powerful when brought into relation, and deep conversation, with more structural methodologies. Notably ‘older’ materialisms grasp embedded power relations and deep-rooted systemic harms in more concrete ways. This is, the article concludes, a conversation that international law scholars are well placed to contribute to, deepening both ‘old’ and ‘new’ materialist insights for international law. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in which (...) states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

The social media industry lacks developed principles of professional ethics that it would need in order to better navigate the ethics of conforming to local media laws in authoritarian countries that lack meaningful protections for privacy, personal and political expression, and intellectual property. This chapter analyzes this question through three frameworks of professional ethics—journalism ethics, technology ethics, and business ethics—and the ways that social media resembles and crucially differs from these three industries.

In this chapter, I explore information-based influence in the context of epistemic security. My aim is to provide a topography of landscape and an assessment of how best to conceptualize contested terms in the discourse on influence. I begin with a foundational question: what is information-based foreign influence? I answer this question in section 2 with a structure that helps make sense of different activities and campaigns associated with information-based influence, which I refer to as ‘lines of effort’. I then (...) compare different kinds of lines of effort: influence operations, information campaigns, psychological operations, information operations, reflexive control, social engineering, and foreign influence efforts. In section 3-6, I examine four core concepts in the discourse – propaganda, disinformation, narratives, and mediatization – and consider their epistemic consequences. I also evaluate how we ought to understand these concepts for analytical purposes. I conclude by summarizing the upshots of the arguments and offering suggestions for future research. . (shrink)

In this chapter, we consider a posthumanist critique of international law in relation to the material world. Our perspective on posthumanism and international law is framed by a monument of Edward Gibbon Wakefield, the so-called ‘founding father’ of the colony of South Australia. Centering the monument in our dialogue, we discuss two types of materialism: New materialism and historical materialism. We argue that an engagement with new and old materialism opens possibilities for a critical engagement with posthumanism. Central to this (...) critical engagement are themes of materiality, settler colonialism, agency, and exploitation – themes that are key for understanding the operation of international law. By identifying where the materialist theories differ, and also where they converge, we ultimately seek to identify the utility of a posthumanist critique for destabilising international law’s imperialist, capitalist, racialized and patriarchal structures. (shrink)

In this chapter, Eileen M. Hunt reveals new intellectual ties between Bentham and Benthamite thought and the political ideals of Wollstonecraft and Shelley, who theorized the relationship between women’s misery and women’s rights in British international thought from the end of the eighteenth century through the first few decades of the nineteenth century. Hunt argues that Wollstonecraft’s political ideas influenced her daughter Mary Shelley, leading her to develop a critique of Malthusian and Benthamite views on misery and population control that (...) inscribed new political and feminist arguments into the global reception of British international thought. (shrink)

In this chapter, Daniel Layman argues that there is not one Lockean conception of IR but rather (at least) two mutually incompatible conceptions: one a Ciceronian moral cosmopolitanism and the other a colonialism centered on British interests. Opposing Locke’s philosophical writings with his economic works, Layman’s reading acknowledges the contradictions and incoherence present in Locke’s IR theory.

In 2019, in the Urgenda case, the Dutch Supreme Court ruled that the Dutch state had to increasingly reduce its carbon emissions to fulfill its human rights obligations under international law to its citizens. Many saw the ruling as a promising historical precedent for international climate change litigation. Notwithstanding the importance of demanding climate action by state actors, this chapter argues that the reframing of the climate crisis as an international human rights issue has at least two important limitations. First, (...) reference to anthropocentric human rights leads to the prioritizing of human over nonhuman life. Second, as posthuman and postcolonial theory shows, the anthropocentrism of human rights is conceptually and historically grounded on a hierarchical logic defining the ‘human’ in teleological terms, externalizing this human’s ‘Others’. The universal ‘human’ of human rights and the notion of a universal anthropos in ‘Anthropocene’ mask exclusions and related inequalities in power, responsibility and vulnerability characterizing the climate crisis. This chapter proposes that a critical analysis of the genealogy of international human rights shows that pursuing a human rights strategy in responding to climate change limits a more critical re-evaluation of what human threatened human and nonhuman life. (shrink)

Corruption is a ubiquitous problem. As Gillian Brock notes early on, it exists to one degree or another in all societies, no matter their stage of development, and is regularly identified by the public as one of the top problems in the world (2–3). Despite its importance and frequency, it hasn’t been a central topic for philoso- phers working on normative moral and political theory. This isn’t to say that it has been ignored, but it has mostly been seen as (...) a specialty topic in areas such as business ethics, criminal law theory focusing on white-collar crime, or certain sub- areas in democratic theory. However, as Brock points out, corruption has particular importance for questions of global justice, given that “corruption plays an enor- mous role in sustaining global injustice and hinders efforts aimed at remedying global deprivations” (17). This comes not only from the sort of large-scale corrup- tion by government officials that starves developing countries of funds needed to provide necessary services but also from more day-to-day corruption in the provi- sion of water, leaving many people without access to clean drinking water; in con- struction, where people must make do with substandard and unsafe buildings; in the provision of education and medical services; and so on. Despite the massive size of the global justice literature, Brock’s book is one of the first—perhaps the first— to focus specifically on corruption in relation to global justice. It would be an im- portant work for this reason alone, but it also has many other virtues which should make it the touchstone of the topic going forward. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

It is now widely expected that climate change will be serious enough that a very large number of people will be displaced from their homes because of events relating to or resulting from climate change. Such events may include rising sea levels (and resulting increased salination of ground water), stronger hurricanes and tropical storms, drought, floods, increased and more intense wildfires, and other extreme or (previously) unusual weather events. Although estimates vary widely, it seems very likely that many millions of (...) people—perhaps hundreds of millions if sufficient precautions are not taken—will be forced from their homes by these events related to climate change. In the public imagination, much of the attention has been on ‘climate refugees’, where this is taken to mean people who have crossed borders. However, there is good reason to believe that a very large percentage—probably a significant majority—of displacement resulting from climate change will be, or could be, internal. In this chapter I argue that there are likely to be a large number of cases where internal displacement related to climate change is of international concern, and where, therefore, states have significant moral reasons to provide assistance, either directly to those displaced, or else to the state in which the displacement has taken place. My claim is that internal displacement arising from climate change is of international concern and so grounds a duty of aid by states able to provide it, when this displacement threatens the basic human rights of those displaced, and when the local or domestic government cannot or will not take the necessary steps to meet the needs and protect the rights of those who are displaced. (The uploaded version of this paper is an uncorrected proof. Please cite and refer to the published version.). (shrink)

In the current geopolitical environment, liberal democracies vie for influence and prosperity with autocratic governments, such as those of China and Russia. While the great powers do not shy away from using aggressive force, much of their rivalry today takes place below the threshold of armed conflict, in a conceptual and practical 'grey zone' between war and peace. Autocratic states operate in this grey zone to target the vulnerabilities of liberal democracies, creating hybrid threats that rely on instruments ranging from (...) economic, diplomatic, legal, and informational pressure all the way to military coercion. -/- Law plays a critical role in this context. In the ethically and legally ambiguous grey zone, international law serves as a normative, yet malleable, framework within which geopolitical rivals compete. State and non-State actors invoke the law as the source of authority, while simultaneously hoping to shape the international legal order in their own strategic interests. -/- Hybrid Threats and Grey Zone Conflict offers the first in-depth assessment of the legal and ethical aspects of hybrid threats and grey zone conflict. It explores the responses available to democratic nations for countering hybrid and grey zone threats whilst adhering to liberal democratic values and the rule of law. Bringing together diverse scholarly and practitioner perspectives, the volume introduces readers to the conceptual and practical difficulties arising in this area, the rich debates the topic has generated, and the challenges that countering hybrid threats and grey zone conflict poses for liberal democracies. (shrink)

Multiple states are at risk of becoming uninhabitable due to climate change, forcing their populations to flee. While the 1951 Refugee Convention provides the gold standard of international protection, it is only applied to a limited subset of people fleeing their countries, those who suffer persecution, which most people fleeing climate change cannot establish. While many journalists and non-lawyers freely use the term “climate refugees,” governments, and courts, as well as UNHCR and many refugee experts, have excluded most climate refugees (...) from the Convention as a matter of legal interpretation. In our 2015 paper, “Unable to Return in the 1951 Refugee Convention: Stateless Refugees and Climate Change”, we sought to reopen the debate on “climate refugees” by arguing that some climate refugees qualify under the 1951 Convention as it is currently written (even if they are not persecuted): those who are stateless and are unable to return to their country of origin because climate change has rendered it uninhabitable. Our interpretation, however, has been rejected by Goodwin-Gill and McAdam (2021) and by Foster and Lambert (2019), which explicitly responds to our paper. Here, we address and respond to their arguments, and develop a new supplementary one, drawing on the principle of systemic integration, as enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties. (shrink)

This article recounts how Neo-Scholastic international lawyers navigated the complex political landscape of the 1920s and 30s, combining universalism, nationalism and religious belief. Participating in the contemporary re-engagement of Catholics with modern politics, they re-imagined the international legal order in Catholic terms. They argued that a universal morality, overruling the extremes of state sovereignty, was the only solid basis for just and stable global legal relations. While the contribution of Catholics to the establishment of the post-war world order and the (...) rise of human rights is widely acknowledged, the interwar genealogy of these developments is not. Reading these thinkers’ universalist legal tenets in conjunction with their political trajectories provides a relevant frame to understand the moral charge characterizing international law in the early years of the Cold War. (shrink)

Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some of us to question (1) If law is not working, do we still need law? If we would say no, the history shows that such is the path to the state-suicide. As Smithian mutual benefits is the assurance of the individual benefits, we need international relationships to create the benefits for the individual states, hence international law, Yet (...) the current one is certainly not working, then, the question, (2) What should the international law be? The enforcement of the international law could be accomplished through the blockchain. As blockchain “went bypass” the national law, and simply negated it, yet it is still not immune to the scope of international jurisdiction. We also argue that the blockchain’ smart contract is not sufficient enough to operate smoothly. Human brain is structured as the mirror rather than a glass and transferring the law interpretation to the machine would not work, hence, we designed the formula of langue and parole, blockchain multiseg operating under the semiotics of the international law. Here the language learning is modelled with the supervisory and reinforcing algorithms, with supervisory predetermined with bias X,Y towards the values of law. Sort of form of constant repetends of Heidegger’s hermeneutics circle. The most important part in this paper is written with the purpose to explain that international law is at the same struggle that Kafka had. Carrying the weight of both, the clothed façade and true self, first being the morality guide and later the states will, and not being neither, international law is self-isolated from the real world, as Gregor Samsa was. Hence, this is not the paper of secularization, no customs, no higher purpose, nothing except the will of states, that can be constantly renewed with the signifier and signified being linked and re-linked. (shrink)

Since its 1980s coining by Richard Falk, the ‘Grotian Moment’ concept has garnered popularity in international law discourse, denoting a rapid, paradigm-shifting development in international law. This concept builds upon a prevalent recollection of two past events as such paradigm-shifts. The first is, obviously, the ‘original’ Grotian Moment, anointing Grotius as the Father of International Law, mainly for publishing, in 1625, his ground-breaking treatise, De Jure Belli ac Pacis, which is said to had brought about a momentous paradigm-shift that gave (...) rise to modern (statist and secular), or even the first-ever-effective, international law. The second event is the post-ww2 Nuremberg international trial. Presumably, from its mid-seventeenth-century birth to Nuremberg, international law was starkly statist, and so individuals had generally not been its subjects. This, among other things, meant that international criminal law (icl) was not acceptable. Nuremberg is, therefore, celebrated as the first-ever international criminal tribunal, as icl’s birthplace and even more generally as the turning-point in international law’s attitude towards the individual. Simply put, Nuremberg is considered the prototype of a modern Grotian Moment. However, this paper shows that neither 1625 nor 1945 were truly Grotian Moments (their significance notwithstanding) and present’s likely causes for those myths. The paper further reveals that these myths, as well as the current embrace of the ‘Grotian Moment’ concept, are all manifestations of a larger, understudied phenomenon: that internationalists, evermore obsessed with perceiving themselves as cutting-edge, too often satisfy that fix by erasing the past. (shrink)

Whether as a rule, principle, ideal, or procedure, self-determination – however complicated – is here to stay. For it to remain politically viable, however, we need reexamine its ontology and teleology: its existence and function. As we leave the modern age in which it was molded, self-determination is confronted by challenges unique to our time. How we, in the 21st century, manage to keep alive and accommodate the concept will determine how the next stage in our global history unfolds. The (...) aim of this paper is threefold: (i) to explore the theoretical foundations of self-determination, (ii) to examine the practical implications and challenges that follow, and (iii) to chart a course for its future directions in global terms. Taking self-determination seriously – if, indeed, we believe that is still worth doing – requires us to think critically about its use (and abuse) as a key doctrine of international law; no longer can we take for granted what we did, in its establishment. To that end, we begin first with an exploration of self-determination as a concept, descriptively and normatively, in Section 2. Through legal theory and political theory, then the philosophy, and on to the psychology, of self-determination, we construct its theoretical foundations; strong and diverse as we find them to be. We then move on, in Section 3, to examine the practice of self-determination. From its historical origins through to its judicial development, we come to see how self-determination actually happens – finding the modern processes to be elusive, giving rise to a central practical problem: what to do with secession. In Section 4, in moving from theory to practice, we attempt to develop a theoretically-informed praxis. We consider first the relevant theoretical challenges self-determination proposes and consider next what the practical responses to those may be. And finally, in Section 5, policy recommendations are made to that effect. (shrink)

Humanitarian maps assembled using digital technology are indicative of transformations underway in how the world is made knowable, sensible, and actionable, including for international legal purposes. These transformations are exemplified by the Missing Maps Project (MMP), an initiative of the Humanitarian OpenStreetMap Team, a U.S.-registered non-profit, and three other non-governmental organisations operating internationally: American Red Cross; British Red Cross; and Médecins Sans Frontières. Projects such as the MMP make it harder for international lawyers to lay claim to, and seek to (...) imaginatively reorient, shared repositories of common sense. Meanwhile, international legal scholars continue to propagate ideas that the world may be reimagined with their help, largely without regard to such transformations. In lieu of imagination’s standard evocation to the end of enhancing critical agency in international legal writing, this article contends that the idiosyncratic notion of imagination advanced in the writings of Walter Benjamin may be better attuned to ongoing shifts in sense-making apparent in international humanitarian mapping. Walter Benjamin’s atypical rendering of imagination as a ‘purely receptive, uncreative’ force in a field of technological reproduction offers international legal scholars another way of thinking about agency and prospects for re-forming their field in the face of its burgeoning digitalisation. (shrink)