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LCIL International Law Seminar Series

229 Episodes

62 minutes | 11 hours ago
Hersch Lauterpacht Memorial Lecture 2021: 'On Dignity' (Part 2): 'The Idea of Human Dignity' - Professor Susan Marks, London School of Economics
The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law. This year's lecture will be given by Professor Susan Marks, Professor of International Law, London School of Economics. Lecture summary: These lectures explore dignity as a worldly phenomenon that is not just an idea, but also a social practice and lived experience. We say that dignity is a right, or a foundational concept for human rights, yet we know that, in reality, it is a privilege enjoyed by some of us more than others and all of us at some times of our lives more than at others. How are we to understand asymmetries in the distribution of dignity? What can we learn by approaching dignity from the perspective of the presumptively undignified? When dignity is not simply denied but refused, can we then make out a different, defiant dignity with a different relationship to indignity? Professor Susan Marks joined the LSE in 2010 as Professor of International Law. She previously taught at King’s College London and, prior to that, at the University of Cambridge, where she was a fellow of Emmanuel College. Her work attempts to bring insights from the radical tradition to the study of international law and human rights.
62 minutes | 12 hours ago
Hersch Lauterpacht Memorial Lecture 2021: 'On Dignity' (Part 1): 'Dignity as a Worldly Concept' - Professor Susan Marks, London School of Economics
The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law. This year's lecture will be given by Professor Susan Marks, Professor of International Law, London School of Economics. Lecture summary: These lectures explore dignity as a worldly phenomenon that is not just an idea, but also a social practice and lived experience. We say that dignity is a right, or a foundational concept for human rights, yet we know that, in reality, it is a privilege enjoyed by some of us more than others and all of us at some times of our lives more than at others. How are we to understand asymmetries in the distribution of dignity? What can we learn by approaching dignity from the perspective of the presumptively undignified? When dignity is not simply denied but refused, can we then make out a different, defiant dignity with a different relationship to indignity? Professor Susan Marks joined the LSE in 2010 as Professor of International Law. She previously taught at King’s College London and, prior to that, at the University of Cambridge, where she was a fellow of Emmanuel College. Her work attempts to bring insights from the radical tradition to the study of international law and human rights.
43 minutes | 4 days ago
LCIL Friday Lecture: ‘#HELP: Digital Humanitarian Mapping and New Cartographies of Governability’ - Prof Fleur Johns, UNSW
Lecture summary: Like many other areas of work, international humanitarian practice and thinking are being transformed by digital technology and associated socio-technical practices. Institutional developments within the United Nations (UN) are telling. Just over ten years ago, the UN Secretary General announced the launch of the UN Global Pulse project, dedicating to enabling, showcasing and promoting the “scaled adoption of big data innovation for sustainable development and humanitarian action”. This project has since been advanced through Pulse Labs in Jakarta, Kampala and New York and one soon to be set up in Samoa. Other, cognate initiatives have been launched throughout the UN system. Prominent, international public-private collaborations aim to harness digital technology for humanitarian ends: initiatives such as the Global Partnership for Sustainable Development Data. And more or less every major technology company across the world is investing in the humanitarian field: Facebook’s Data for Good initiative; Google.org’s Crisis Response work; and Alibaba’s collaboration with the World Food Program to develop Hunger Map LIVE are indicative examples. International humanitarianism is taking on new imperatives, protagonists, investments, techniques and objects of inquiry in connection with the expanding reach of the digital. Given the centrality of humanitarianism to the way that the international plane has been imagined, regulated, materialized and militarized throughout the 20th and 21st centuries, these shifts are worthy of close attention. This talk will present one chapter of a book project investigating this domain of ‘digital humanitarianism’ – a chapter concerned with maps and mapping. It focuses on recent shifts from two-dimensional mapping for humanitarian ends towards multi-dimensional, real-time mapping for the same purposes, associated with geographic information systems (GIS) and the generation and deployment of map cubes (multi-dimensional arrays of data values presenting cartographic visualization of each dimension). It offers a brief recollection of humanitarian mapping through “snapshots” from the practice in the 18th, 19th, and 20th centuries (Valentine Seaman’s yellow fever maps; Charles Booth’s poverty maps; Bangladesh flood mapping; and the FAO’s Food Insecurity and Vulnerability Information and Mapping Systems). Against this background, we will consider the rise of crowd-sourcing as a digitally facilitated way of making cartographic knowledge for humanitarian governance purposes, as illustrated by the Missing Maps Project (a joint project of the Humanitarian OpenStreetMap Team – a U.S.-registered non-profit – and three other not-for-profit organizations: American Red Cross; British Red Cross; and Médecins Sans Frontières). We will explore how this affects how particular spaces are assembled, delimited, surveyed and readied for humanitarian intervention and with what implications for international legal relations and the jurisdiction of different actors on this terrain. Fleur Johns is Professor in the Faculty of Law, working in the areas of public international law, legal theory, law and development, law and society (or socio-legal studies), and law and technology. Fleur studies emergent patterns of governance on the global plane, and their social, political and economic implications, employing an interdisciplinary approach that draws on the social sciences and humanities and combines the study of public and private law. In 2021, Fleur will commence a four-year Australian Research Council Future Fellowship working on a project entitled 'Diplomatic Knowledge, Disasters and the Future of International Legal Order'. In 2021-2022, Fleur will be a Visiting Professor at the University of Gothenburg in Sweden. Fleur is a Fellow of the Academy of the Social Sciences in Australia.
36 minutes | 9 days ago
LCIL Friday Lecture: 'Climate change and the law of the sea: A test for international law' - Dr Nilufer Oral, Director of the Centre for International Law - NUS
Lecture summary: Recent scientific information presents an alarming diagnosis of the multiple adverse consequences of climate change on the ocean: levels of ocean acidification not seen in millions of years, changes in ocean chemistry, warming temperatures and deoxygenation threating marine life, in particular coral reefs; and rapidly melting glaciers and ice sheets challenging the survival of some island States and threatening existing maritime boundaries and entitlements. There are two different applicable international regimes, one for the ocean and the other for climate change. Yet neither has a clear mandate for the ocean-climate nexus. The 1982 United Nations Convention for the Law of the Sea, often referred to as the Constitution for the oceans, negotiated before climate change emerged on the international agenda, makes no reference to climate change. The 1992 United Nations Framework Convention on Climate Change, with a clear mandate for atmospheric climate change, limits the role of the ocean to serving as sink or reservoir for greenhouse gases. The 2015 Paris Agreement added little more other than a preambular reference to ocean ecosystems. The lecture will examine whether and how these two principal legal regimes can meet the test for international law in providing a dialectic and evolutive response to the pressing challenges of the climate-ocean nexus. Nilüfer Oral is Director of the Centre of International Law (CIL) at the National University of Singapore and a member of the law faculty at Istanbul Bilgi University, Turkey. She is member of the UN International Law Commission and co-chair of the study group on sea-level rise in relation to international law. She served as climate change negotiator for the Turkish Ministry (2009 – 2016). She has also appeared before the International Tribunal for the Law of the Sea. Nilufer Oral is a Distinguished Fellow of the Law of the Sea Institute at Berkeley Law (University of California Law Berkeley); Senior Fellow of the National University of Singapore Law School; and Honorary Research Fellow at University of Dundee. Dr. Oral was elected to the Council of the International Union for Conservation of Nature (IUCN) (2012-2016) and served as Chair of the IUCN Academy of Environmental Law (2014-2017). She is currently a member of the Steering Committee of the World Commission on Environmental Law. Dr Oral is the series editor for the International Straits of the World publications (Brill); member of the Board of Editors of the European Society of International Law Series; Board of Editors of the International Journal of Marine and Coastal Law; Associate Editor of the Research Perspectives in the Law of the Sea (Brill); and International Advisory Board, Chinese Journal of Environmental Law (Brill) She has published numerous articles edited several books, and has spoken at many international conferences.
43 minutes | 11 days ago
LCIL Lunchtime Event: 'The role of the Military Legal Adviser during Armed Conflict and Peacetime Military Operations' - Commander Ian Park, Naval Legal Services
Lecture summary: Commander Ian Park (Royal Navy International Law Legal Adviser) will offer a view on the role of the military legal adviser during armed conflict and peacetime military operations. He will consider recent armed conflicts in Iraq, Afghanistan and Syria, and Royal Navy peacetime military operations in the Arabian Gulf and Mediterranean. Commander Ian Park is a logistics officer and barrister in the Royal Navy and has served in seven ships and deployed worldwide in support of the Royal Navy’s contribution to defence. He has also deployed as a legal adviser on operations to Afghanistan and, on many occasions, to the Middle East. Ian is, or has been, a Hudson Fellow at Oxford University, a Visiting Fellow at Harvard Law School, a First Sea Lord’s Fellow and a Freeman of the City of London. He is a graduate of St. John’s College, Cambridge, has a doctorate in law from Balliol College, Oxford and has lectured at Harvard Law School, Cambridge University, Oxford University, The Academy of Military Sciences, Beijing, Hanoi University, USSH Hanoi and Freiburg University amongst other institutions. Ian is the author of, inter alia, ‘The Right to Life in Armed Conflict’ (Oxford University Press, 2018) and in 2018 was the winner of the outstanding performance by an HM Forces barrister at the UK Bar Awards.
46 minutes | 17 days ago
LCIL Friday Lecture: 'The Epistemic Function of the Inter-American Court of Human Rights' - Prof René Urueña Hernandez, Universidad de Los Andes, Colombia
Lecture summary: This lecture will explore how the Inter-American Court of Human Rights produces cognitive categories that deeply influence the way in which states, activists and victims understand their own reality, and decide their strategies therein. Moreover, it will discuss how the Inter-American Court triggers the production of domestic knowledge, which in turn influences the Court’s understanding of local reality, and the Court’s role in it. Further information: https://www.cambridge.org/core/journals/american-journal-of-internationa... René Urueña is an Associate Professor and Director of Research at the Universidad de Los Andes School of Law (Colombia). He holds a doctoral degree (exima cum laude) from the University of Helsinki, has been several times an expert witness before the Inter-American Court of Human Rights, and served as an adviser of the Selection Committee of the Special Jurisdiction for Peace (Colombia)
38 minutes | a month ago
LCIL Friday Lecture: '"Funk Money"'"Funk Money:": The End of Empires, the Expansion of Tax Havens, and Decolonization as an Economic and Financial Event' - Prof Vanessa Ogle, University of Berkeley
Lecture summary: This talk explores the history of decolonization from an economic and financial perspective. Through the examples of the French and British Empires, it shows that European settlers, officials, and other investors from North Africa and and East Africa in particular, removed assets from the colonial world upon decolonization. Yet when moving funds out of the imperial world, they often repatriated capital to a system of offshore tax havens in places such as Switzerland and the Bahamas rather than sending it to high-tax metropolitan countries like France and Britain. Decolonization thus fueled the expansion of tax havens that was taking place during these decades. This process of liquidating assets and removing capital moreover had important implications for the post-independence growth potential and development trajectory of newly independent so-called developing countries. The talk further asks what kind of effects such instances of capital flight from the colonial world had on the broader political economy of the 1950s-1970s both in the former colonial world and in metropolitan centers as well as the United States. Vanessa Ogle is associate professor of modern European history at the University of California - Berkeley, where she works on the history of capitalism, political economy, empire and decolonization, and legal history. She obtained her PhD from Harvard University and taught at the University of Pennsylvania before coming to Berkeley. Her first book, The Global Transformation of Time: 1870-1950, was published by Harvard University Press in 2015. Her current book project is Archipelago Capitalism: A History of the Offshore World, 1920s-1980s. It is the first archivally-based account of how the contemporary landscape of offshore tax havens, money markets, and flags of convenience shipping registries came into existence, with lasting implications for the rise of inequality throughout the twentieth century. Articles based off the project have appeared in the American Historical Review and most recently, in Past & Present.
35 minutes | a month ago
LCIL Friday Lecture: 'Territory and Statehood in International Law: The Controversy over International Criminal Court Jurisdiction in Palestine' - Prof Robert Howse, New York University
Lecture summary: The current (and intensely fought) dispute over the ICC's jurisdiction in Palestine raises some interesting doctrinal and theoretical issues in international law, such as how Palestine can be considered a State for purposes of the Rome Statute while having not attained full independence or external self-determination.Once one places the ICC properly within the broader universe of international legal order, and applies the treaty interpretation principles of the Vienna Convention on the Law of Treaties, objections to jurisdiction that seem at first glance powerful, such as that Palestine is not really a State, are revealed to be on quite shaky ground. Professor Robert Howse is the Lloyd C. Nelson Professor of International Law at NYU School of Law. Professor Howse received his B.A. in philosophy and political science with high distinction, as well as an LL.B., with honours, from the University of Toronto, where he was co-editor in chief of the Faculty of Law Review. He also holds an LL.M. from the Harvard Law School. He has been a visiting fellow at the London School of Economics and visiting professor at Harvard Law School, Tel Aviv University, Hebrew University of Jerusalem, the University of Paris 1 (Pantheon-Sorbonne), Tsinghua University, and Osgoode Hall Law School in Canada and taught in the Academy of European Law, European University Institute, Florence.
90 minutes | 3 months ago
LCIL Online Discussion Panel: 'International Law, Science and Technology in the Time of COVID-19'
Speakers: Prof Carlos Esposito, University Autónoma of Madrid: "Privacy and New Technologies in the Time of COVID-19" Dr Calvin Ho, University of Hong Kong: 'Ethical and Regulatory Issues in the Vaccine Race' Prof Bartha Maria Knoppers, McGill University: 'The Right to Benefit From Science and Genomic Data Sharing in the Time of COVID-19' Prof Jorge Viñuales, University of Cambridge: 'Regulating new zoonotic disease outbreaks: international legal frames' Moderator: Dr Rumiana Yotova, University of Cambridge
59 minutes | 3 months ago
CILJ-LCIL Annual Lecture 2020-2021: 'Brexit and Fisheries: International Law Dimensions of the 2018 White Paper and Current Fisheries Bill' - Prof Andrew Serdy, University of Southampton
Lecture summary: With the EU demand for continued access to the UK's exclusive economic zone for its fishing vessels seemingly the main outstanding condition for a trade agreement with the UK, this presentation first extracts from the eponymous White Paper and Bill [Act] a number of international legal issues that they raise, before moving on to further matters given only sketchy treatment in, or omitted altogether from, those documents, on which a firmer position ought to have been taken. Lastly, a new problem apparent for the first time in the Bill is discussed: navigational freedom of foreign fishing vessels in the UK EEZ, and a missed opportunity to legislate a related evidential presumption that would assist future prosecutions for illegal fishing. Professor Andrew Serdy is Professor of the Public International Law of the Sea at the University of Southampton.
62 minutes | 4 months ago
LCIL Friday Lecture: 'The State Theory of Grotius' - Prof Nehal Bhuta, University of Edinburgh
Lecture summary: Grotius is not generally considered a state theorist, but a theorist and jurist of natural law. But his accounts of natural right, sociability and sovereign power – all building blocks of his carapace of a natural legal order – generate also an exoskeleton of political order that leans upon but is not reducible to the legal order of natural law. As such, Grotius's juristic sensibility and his Roman legal methods, generate not so much a political theory of the state as a set of generative parameters for the conceptualization of the state in which the concrete constitution of state authority is historical and plural, even as it is integrated into a universal legal order. State authority is made possible and accountable under a system of natural legal right, even as its constitution is a historical achievement that should not readily be disturbed and in which a large range of freedom and unfreedom is lawful and should be accepted. Grotius theory of the state holds important lessons and implications for our contemporary world, where over the last 25 years we have grappled constantly with the problem of what a state is, the circumstances under which we might justifiably breach its sovereignty, and the profound difficulties of re-making state orders when they have failed, collapsed or been destroyed by foreign intervention. Professor Nehal Bhuta holds the Chair of Public International Law at University of Edinburgh and is Co-Director of the Edinburgh Centre for International and Global Law. He previously held the Chair of Public International Law at the European University Institute in Florence, where was also Co-Director of the Institute's Academy of European Law. He is a member of the editorial boards of the European Journal of International Law, the Journal of International Criminal Justice, Constellations and a founding editor of the interdisciplinary journal Humanity. He is also a series editor of the Oxford University Press (OUP) series in The History and Theory of International Law. Prior to the EUI he was on the faculty at the New School for Social Research, and at the University of Toronto Faculty of Law. Before entering academia, he worked with Human Rights Watch and the International Center for Transitional Justice. Nehal’s two most recent edited volumes are Freedom of Religion, Secularism and Human Rights (OUP) and Autonomous Weapons Systems - Law, Ethics, Policy (Cambridge University Press with Beck, Geiss, Liu and Kress). Nehal works on a wide range of doctrinal, historical and theoretical issues in international law, international humanitarian law, international criminal law and human rights law. He is about to start work as a General Editor (with Anthony Pagden and Mira Siegelberg) of The Cambridge History of Rights (5 volumes).
58 minutes | 4 months ago
LCIL Friday lecture: 'Implementing the 1954 Hague Convention: Conflicts between People and Heritage' - Helen Frowe, University of Stockholm
Lecture summary: In 2017, the British Government ratified the 1954 Hague Convention on the Protection of Cultural Property in Times of Armed Conflict (henceforth, the Hague Convention). This Convention, along with its two Additional Protocols, sets out the obligations of states with respect to cultural heritage in war. War throws up a range of conflicts between protecting people and protecting heritage, in terms of both the use of resources, and the imposition and incurring of risk. And yet, from UNESCO to the Blue Shield, those working in heritage insist that such conflicts between people and heritage are impossible. For example, Irina Bokova, the former director-general of UNESCO, claims that, “there is no need to choose between saving lives and preserving cultural heritage: the two are inseparable.” In this talk, I argue that the failure to recognise these conflicts comprehensively undermines the heritage community’s response to the legal demands made by the Hague Convention. If we refuse to acknowledge that these conflicts can even in principle arise, we are ill-equipped to deal with them. Given that the Hague Convention requires combatants to deal with them, this is a pressing problem.
34 minutes | 4 months ago
LCIL Friday Lecture: 'Two Visions of the International Rule of Law' - Monica Hakimi, University of Michigan Law School
Lecture summary: Two Visions of the International Rule of Law: When we speak of the rule of law, we generally mean to describe the attributes that make law, as an enterprise, worthwhile--the qualities that lead us to aspire to live in a society governed by law. Though international lawyers commonly invoke the concept, we have devoted little attention to explaining what it entails or how it translates to the international plane. This lecture will begin to fill that gap by presenting two distinct visions of the international rule of law. Each captures something important about law, but they are in certain respects incompatible. And while one already informs much of the thinking on international law, the second, which has largely been overlooked, might actually provide a more suitable framework for evaluating when and why international law is worthwhile. Monica Hakimi is the James V. Campbell Professor of Law and the Associate Dean for Faculty and Research at the University of Michigan Law School. Her research ties together doctrine and theory to examine how international law adapts to contemporary challenges, particularly in the areas of human and national security.
27 minutes | 4 months ago
LCIL Friday Lecture:'The Right to a Fair Trial in International Law: Shining a light on a critical human rights protection' - Prof Philippa Webb, King's College London
Lecture summary: The right to a fair trial is a right that enables the recognition and protection of many other human rights. Its violation can be devastating to an individual defendant, but also damaging to entire societies as unfair trials are used to undermine democracy and oppress minorities. Although the right to a fair trial has been included in all international and regional human rights instruments since the Second World War and 173 states parties to the ICCPR have pledged to uphold it, the international standard for a fair trial can be elusive. Based on my book with Amal Clooney, The Right to a Fair Trial in International Law (OUP, Summer 2020), I will shine a light on certain aspects of this fundamental human right. We have attempted to explain, in granular detail, the meaning of the right to a fair trial, drawing on how the right has been applied by international bodies including United Nations committees, regional human rights courts and commissions, and international criminal courts. I will discuss the status of the right in international law, consider who enjoys the right apart from the defendant, and examine divergences in the case law on certain components of the right and potential methods of harmonisation.
44 minutes | 4 months ago
LCIL Friday lecture: 'Emptied Lands: Bedouin rights, dispossession and resistance in the Negev' - Prof Alexandre Kedar, University of Haifa
Professor Kedar will present his book Emptied Lands (co-authored with Amara and Yiftachel). Emptied Lands investigates the protracted legal, planning, and territorial conflict between the settler Israeli state and indigenous Bedouin citizens over traditional lands in southern Israel/Palestine. The authors place this dispute in historical, legal, geographical, and international- comparative perspectives, providing the first legal geographic analysis of the “dead Negev doctrine” used by Israel to dispossess and forcefully displace Bedouin inhabitants in order to Judaize the region. The authors reveal that through manipulative use of Ottoman, British and Israeli laws, the state has constructed its own version of terra nullius. Yet, the indigenous property and settlement system still functions, creating an ongoing resistance to the Jewish state. Emptied Lands critically examines several key land claims, court rulings, planning policies and development strategies, offering alternative local, regional, and international routes for justice. Professor Alexandre (Sandy) Kedar teaches at the Law School at the University of Haifa. He holds a Doctorate in Law (S.J.D) from Harvard Law School. He was a visiting professor at the University of Michigan Law School as well as a Grotius International Law Visiting Scholar there and a visiting associate professor at the Frankel Institute for Judaic studies in the University of Michigan. His research focuses on legal geography, legal history, law and society and land regimes in settler societies and in Israel. He served as the President of the Israeli Law and Society Association, is the co-coordinator of the Legal Geography CRN of the Law and Society Association and a member of its international committee. He is the co-founder (in 2003) and director of the Association for Distributive Justice, an Israeli NGO addressing these issues.
69 minutes | 5 months ago
The Eli Lauterpacht Lecture 2020: 'Women and Children and the Transformation of International Law' - Dr Radhika Coomaraswamy
Lecture summary: The lecture attempts to look at some important concepts and landmarks in international law and analyse how they have been impacted by developments in the field of women and children's rights. The sources of international law, sovereignty, state responsibility, human rights and the status of non state actors have all been transformed by issues concerning women and children. These developments have created a more intrusive international law framework while highlighting universal global values. The lecture will also look at the some of the critiques of this new approach to international law while looking to the future to see how these issues will unfold. Welcome by Dr Ivan Berkowitz Chaired by Professor Eyal Benvenisti Radhika Coomaraswamy received her BA from Yale University, her J.D. from Columbia University and her LLM from Harvard University. In Sri Lanka, she was Director of International Centre for Ethnic Studies from 1982 to 2005 and the Chairperson of the Sri Lankan Human Rights Commission from 2003 to 2006. Recently, from 2015-2018, she was a member of the Constitutional Council. Internationally, Radhika Coomaraswamy served as UN Under Secretary General and as Special Representative of the Secretary General on Children and Armed Conflict from 2006 until her retirement in 2012. Earlier, from 1994 to 2003, she was the UN Special Rapporteur on Violence against Women, an independent expert attached to the UN Human Rights Commission in Geneva. In 2014, the UN Secretary General asked Radhika Coomaraswamy to lead the Global Study to review the fifteen year implementation of Security Council Resolution 1325 on Women, Peace and Security. In 2017 she was appointed to the UN Fact Finding Mission on Myanmar and also appointed as a member of The Secretary General’s Board of Advisors on Mediation. She was been privileged to be asked to deliver the Grotius Lecture of the American Association of International Law in 2013 and has received numerous honorary degrees and honors. These lectures are kindly supported by Dr and Mrs Ivan Berkowitz who are Friends of the Centre.
34 minutes | 9 months ago
LCIL Friday Lecture: 'Reforming the International Criminal Court' - Dr Douglas Guilfoyle, UNSW
Lecture summary: Over the last two years the court has faced a series of unprecedented challenges. We have seen a run of acquittals, case collapses, and greater and lesser scandals involving judges and the Office of the Prosecutor. While the Court has been buoyed by a number of significant convictions of rebellion leaders, momentum for an inquiry into the Court’s functioning and serious reform is gathering in the Assembly of States Parties. How has it come to this and what are the options going forward? Dr Douglas Guilfoyle is Associate Professor of International and Security Law and a Department of Foreign Affairs and Trade Visiting Legal Fellow (2019-2020). He publishes largely in the fields of law of the sea and maritime operations, international and transnational criminal law and history of international law. His publications include Shipping Interdiction and the Law of the Sea (Cambridge University Press 2009) and numerous articles and chapters on maritime security, Somali piracy, naval warfare, and the South China Sea dispute.
41 minutes | a year ago
LCIL Friday Lecture: 'Minorities and the Making of Postcolonial States in International Law' - Dr Mohammad Shahabuddin, University of Birmingham
Lecture summary: While the Rohingya genocide is one of the worst incidents against minorities in recent times, ethno-nationalism and minority oppression in various forms and intensities are defining features of postcolonial states in general. Whereas most states, including Western liberal democracies, are not completely immune from ethno-nationalism and the minority ‘problem’, question remains, why are postcolonial states more vulnerable to this phenomenon? Also, why do postcolonial states respond to ethnic tensions in the manner in which they do? And, what role does international law play in all these? Minorities and the Making of Postcolonial States in International Law (Cambridge University Press, 2021) analyses the geneses of ethno-nationalism in postcolonial states, and articulates how the postcolonial state operates as an ideology to address the ‘minority problem’. The ideological function of the postcolonial ‘national’, ‘liberal’, and ‘developmental’ state inflicts various forms of marginalisation on minorities but simultaneously justify the oppression in the name of national unity, equality and non-discrimination, and economic development. International law plays a central role in the ideological making of the postcolonial state in relation to postcolonial boundaries, liberal-individualist architecture of rights, and neoliberal economic vision of development. In the process, international law subjugates minority interests and in turn aggravates the problem of ethno-nationalism in postcolonial states. With these arguments, the book thus offers an ideology critique of the postcolonial state and examines the role of international law therein. Dr Mohammad Shahabuddin is a Reader in International Law and Human Rights at Birmingham Law School, University of Birmingham. He is also a Faculty Member for Harvard Law School’s Institute for Global Law and Policy (IGLP). He holds a PhD in international law from SOAS, University of London. Shahab is the author of Ethnicity and International Law: Histories, Politics and Practices (Cambridge University Press, 2016). He has recently been awarded the prestigious Leverhulme Trust Research Fellowship (2018-2020) for writing his new monograph – Minorities and the Making of Postcolonial States in International Law (Cambridge University Press, 2021).
56 minutes | a year ago
LCIL Panel Discussion: 'Business and Human Rights in Domestic Courts - Contemporary Developments and Future Prospects'
Join us for a panel discussion on contemporary developments and future prospects in business and human rights litigation involving transnational corporations. The expert panellists will discuss recent developments in UK courts, including legal and policy implications of the Supreme Court’s decision in Vedanta Resources (which paved the way for Zambian citizens to bring tort claims in English courts against UK-based Vedanta Resources) and the forthcoming Supreme Court appeal involving claims against Royal Dutch Petroleum in respect of environmental harm alleged to have been caused by its Nigerian subsidiary. The discussion will involve comparative and practical perspectives and will examine the broader policy and normative concerns arising from business and human rights litigation for the responsibility of non-state actors, transnational corporate governance and international law more generally.
43 minutes | a year ago
LCIL Friday lecture: 'Legal Humanitarianism: the Restorative Turn in International Criminal Law' by Dr Sara Kendall, University of Kent
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