Results 11 to 20 of about 952 (110)

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

Understanding TWAIL: A Critical Approach to International Law [PDF]

open access: yes, 2021
Mainstream approaches to international law do not provide the necessary point of view to expose the colonial and postcolonial origins of the discipline and to deconstruct the modern international legal regime based on sovereign inequality. Even looking at the structure of the United Nations Security Council reveals the need for this deconstruction ...
Kirdim, Sahin Eray, Şahin Eray Kırdım
openaire   +2 more sources

‘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

Feminicidio: TWAIL in Action [PDF]

open access: yesAJIL Unbound, 2016
Feminicidio is a Mexican adaptation of the radical feminist concept of femicide, usually defined as the misogynous murder of women by men because they are women. In this essay based on original fieldwork, I seek to contribute to Third World Approaches to International Law (TWAIL) scholarship by providing a brief analysis of the ...
openaire   +1 more source

PLACING TWAIL SCHOLARSHIP AND PRAXIS

open access: yesWindsor Yearbook of Access to Justice, 2016
Editors' introduction to Third World Approaches to International Law (TWAIL) special issue of the Windsor Yearbook of Access to Justice (Vol. 33:3, 2016) - Conspiring in Cairo & Canada: Placing TWAIL Scholarship and Praxis.
Sujith Xavier   +3 more
openaire   +4 more sources

Locating TWAIL Scholarship in China

open access: yesAsian Journal of International Law, 2022
AbstractThis paper opens a scholarly discourse about Chinese scholars’ engagement with TWAIL (Third World Approach to International Law). This paper shows that Chinese international law scholars and TWAIL align in their resistance to Eurocentrism in international law, while they differ in their attitude towards whether to refrain from “national ...
openaire   +1 more source

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