Results 11 to 20 of about 160 (140)

The Role of Fiqh al-Siyar in International Law-Making: Escaping the Lethargy

Al-Jami'ah: Journal of Islamic Studies, 2022
International law has developed since its pre-20th century consent-based positivistic framework to ‘international law-making’ where the role of state sovereignty is seen to have eroded.
Fajri Matahati Muhammadin, Shania Dwini Azzahra   +1 more
doaj   +1 more source

Decolonizing and Reconstructing the Legal Discourse on the Nile River as sine qua non

Mizan Law Review, 2023
The Nile River is not only the longest river but is also endowed with fertile natural resources. Because of geo-political and economic advantages, Britain and its colonial allies had strategically occupied riparian states along the Nile River.
Yusuf Ali Mohammed
doaj   +1 more source

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

History 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

Review 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, Margaretha Wewerinke‐Singh   +1 more
wiley   +1 more source

TWAIL: a Paradox within a Paradox [PDF]

International Community Law Review, 2020
Abstract What insight do critical perspectives bring to international legal theory? In the following article, I answer this question through an examination of Third World Approaches to International Law (TWAIL). Troubled by geopolitical imbalance in the enterprise of international law, a group of critically minded scholars sought to expand the scope of
openaire   +1 more source

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

Review 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

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

The 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

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

The 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

Global 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

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

Opolskie 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