Results 31 to 40 of about 2,445 (167)

Transforming Human Rights through Decolonial Lens

open access: yesAge of Human Rights Journal, 2020
This article problematizes the Human Rights conceptualization embodied in the International Human Rights Law corpus. It considers human rights as a Western construct rooted in a particular historical context, located in a specific ideological background
Davinia Gómez Sánchez
doaj   +1 more source

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

A Case Against Crippling Compensation in International Law of State Responsibility

open access: yesThe Modern Law Review, Volume 83, Issue 6, Page 1246-1286, November 2020., 2020
Abstract The obligation of States to provide full reparation for internationally wrongful acts, including by full compensation, is one of the bedrock principles of international law. The article challenges this principle for cases where compensation is crippling for the responsible State or its peoples, which can occur when State responsibility is ...
Martins Paparinskis
wiley   +1 more source

Customary Law in the Postmodern World (Dis)order

open access: yesAJIL Unbound, 2018
B.S. Chimni's thought-provoking article presents a welcome opportunity to reflect on both the value and the shortcomings of custom as a source in contemporary international law.
Andreas Paulus, Matthias Lippold
doaj   +1 more source

Overcoming the “Coloniality of Doing” in International Law: Soft Law as a Decolonial Tool

open access: yesRevista Direito GV, 2021
Law, as a set of norms designed to regulate social life, is a field of difficult change, being always behind its time. The case of international law is even harder due to the limits of its positivist normative structure, formulated not only by countries ...
Tatiana Cardoso Squeff
doaj   +1 more source

GLOBAL GOVERNANCE IN ALL ITS DISCRETE FORMS: THE GAME, FIFA, AND THE THIRD WORLD

open access: yesThe Windsor Yearbook of Access to Justice, 2017
This paper uses the governance praxis of the Federation of International Football Associations [FIFA] to illustrate the impact of several intensive, discrete, and rarely-studied global governance actors whose internal processes and procedures mirror the ...
Basil Ugochukwu
doaj   +1 more source

The Shifting Origins of International Law [PDF]

open access: yes, 2015
Both state-centrism and Euro-centrism are under challenge in international law today and this double challenge, this work argues, is being fruitfully mirrored back into the study of the history of international law. It examines, in the first section, the
Anand   +37 more
core   +1 more source

The Inconsistency of ICSID Awards Over Argentina Cases

open access: yesHasanuddin Law Review, 2020
This paper discusses the inconsistency of International Centre for Settlement of Investment Disputes (ICSID) awards over an emergency situation in Argentina in 2001.
M. Ya'kub Aiyub Kadir, Lena Farsia
doaj   +1 more source

Book review: Canefe N Critical Perspectives on Crimes against Humanity: The Limits of Universal Jurisdiction in the Global South (University of Wales Press 2020)

open access: yesPotchefstroom Electronic Law Journal, 2022
In the current anti-accountability sentiment that has plagued most of Africa, triggered by the nasty politics of selectivity that is primarily motivated by considerations of realpolitik or the interests of specific states, Canefe's book lays bare the ...
Avitus Agbor
doaj   +1 more source

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