Results 11 to 20 of about 2,519 (181)

Tools of imperialism or sources of international law? Treaties and diplomatic relations in early modern and colonial Southeast Asia

open access: yesHistory Compass, Volume 21, Issue 12, December 2023., 2023
Abstract The history of treaty‐making, diplomacy, and international law has traditionally been written from Eurocentric perspectives, but since the middle of the 20th century, Southeast Asia has attracted relatively much attention because of the region's importance for the 17th‐century Dutch jurist Hugo Grotius.
Stefan Eklöf Amirell
wiley   +1 more source

Beyond the North–South divide: Litigation's role in resolving climate change loss and damage claims

open access: yesReview of European, Comparative &International Environmental Law, Volume 32, Issue 3, Page 439-452, November 2023., 2023
Abstract Within the international climate regime, legal aspects surrounding loss and damage (L&D) are contentious topics, implicating liability, compensation and notions of vulnerability. The attribution of responsibility and the pursuit of redress for L&D present intricate legal and governance challenges.
Maria Antonia Tigre   +1 more
wiley   +1 more source

Unjust enrichment in investor–State arbitration: A principled limit on compensation for future income from fossil fuels

open access: yesReview of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 358-370, July 2023., 2023
Abstract If States take seriously the Paris Agreement's mitigation goal by phasing out the use of fossil fuels in energy production, investor–State arbitration could allow claimants to recoup lost value. In awards of compensation, tribunals typically apply forward‐looking, income‐based valuation methods to quantify future cash flows.
Oliver Hailes
wiley   +1 more source

‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

open access: yesThe Modern Law Review, Volume 86, Issue 1, Page 67-84, January 2023., 2023
In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice.
Aldo Zammit Borda, Stefan Mandelbaum
wiley   +1 more source

Regulating humanity's impact on the earth: The promise of transnational environmental law

open access: yesGlobal Policy, Volume 13, Issue S3, Page 38-48, December 2022., 2022
Abstract Transnational environmental law (TEL) is a relatively new field of research that is agitated by the concept of the Anthropocene. Like environmental law, TEL suffers from certain methodological challenges which are exacerbated by the sheer ammount of activity involved in the generation of transnational legal norms and regulation.
Emily Webster
wiley   +1 more source

TWAIL’S OTHERS: A CASTE CRITIQUE OF TWAILERS AND THEIR FIELD OF ANALYSIS

open access: yesThe Windsor Yearbook of Access to Justice, 2017
Third World Approaches to International Law [TWAIL] constitutes a significant method of analysis of contemporary international law. TWAIL as a methodological framework continues the tradition of critical scholarship in international law.
Srinivas Burra
doaj   +1 more source

Les théories tiers-mondistes du droit international (twail) : Un renouvellement ? [PDF]

open access: yes, 2008
L’analyse tiers-mondiste du droit international semble connaître un « second souffle » dans la littérature anglophone depuis le milieu des années 90, comme en témoignent les réunions académiques des Third World Approaches to International Law (twail). Si
Gallié, Martin
core   +2 more sources

A Just Energy Transition Through the lens of Third World Approaches in International Law

open access: yesOpolskie Studia Administracyjno-Prawne, 2023
The transition to green energy requires an all-hands-on-deck approach because of the effects of climate change on all. However, the nature and type of commitment or responsibilities required towards the transition are to be differentiated due to ...
LOVE ALFRED
doaj   +1 more source

TWAIL – “Third World Approaches to International Law” and human rights: some considerations

open access: yesRevista de Investigações Constitucionais, 2018
TWAIL is both a political and intellectual movement and, therefore, has multiple perspectives. While the first academic conference of TWAIL was held at Harvard Law School in March 1997, Third World perspectives of international law are part of a long ...
Larissa Ramina
doaj   +1 more source

International Law and Its Discontents: Rethinking the Global South [PDF]

open access: yes, 2012
I have much to agree with in the remarks of Professor Otto and Professor Santos—particularly their focus on the postcolonial and the distinction between Freud and Stiglitz in thinking about discontents. I want to make three interrelated arguments: first,
Rajagopal, Balakrishnan
core   +1 more source

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