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Looking to the Horizon: The Meanings of Reparations for Unbearable Crises 展望地平线:不可承受危机的赔偿意义
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.4
Sarah Riley Case
Harms that arise from climate catastrophes deepen already unbearable forms of racial oppression. Both can be traced to accumulative ways of life that justified slavery and colonialism, which shifted into new forms of hegemony under liberal international law. A growing response has been to demand reparations. However, the meanings of reparations are vast and sometimes counterintuitive. This essay reflects on reparations claims emanating from the Caribbean, as one place where race and ecology converge. The Caribbean was forged by Indigenous genocide, the enslavement of African peoples, and the indentured labor of Asian peoples. Today, descendants in the region face subordination under liberal international law and climate catastrophes. Such conditions reveal that reparations are foremost a horizon of transformation away from accumulative ways of life that spread from Europe to the world, structuring the present reality. “Reparations” also refers to immediate justices that meet the demands of those who are harmed, because this prefigures the horizon of transformation by disrupting imperialism. These qualities dispel racializing critiques from the First World that reparations are irrational, or constitute politics separate from law. Reparations can enact legal relations that are meaningful to those “on the bottom,” and emancipatory for everyone, when communities and social movements define them.
气候灾难带来的危害加深了本已难以忍受的种族压迫形式。两者都可以追溯到为奴隶制和殖民主义辩护的不断积累的生活方式,这些生活方式在自由国际法下转变为新的霸权形式。越来越多的回应是要求赔偿。然而,赔偿的含义是广泛的,有时是违反直觉的。这篇文章反映了来自加勒比海的赔偿要求,这是一个种族和生态融合的地方。加勒比地区是由对土著的种族灭绝、对非洲人民的奴役和对亚洲人民的契约劳动锻造而成的。今天,该地区的后代在自由国际法和气候灾难下面临从属地位。这些情况表明,赔偿首先是一种转变,摆脱从欧洲蔓延到世界的积累的生活方式,构成了目前的现实。“赔偿”也指满足那些受到伤害的人的要求的即时正义,因为这预示着通过破坏帝国主义来实现转型的前景。这些品质消除了第一世界的种族主义批评,即赔偿是不合理的,或构成与法律分离的政治。赔偿可以制定对“底层”有意义的法律关系,当社区和社会运动定义它们时,对每个人来说都是解放的。
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引用次数: 0
International Law, Race, and Capitalism: A Marxist Perspective 国际法、种族与资本主义:马克思主义视角
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.5
R. Knox
The Marxist tradition is a crucial voice in the global anti-racist movement. Marxists were at the forefront of the anti-colonial and anti-imperialist movements, with those movements taking up Marxist concepts and deploying them to understand capitalism, race, and colonialism. Yet, these Marxist voices did not reflect systematically on international law. This essay attempts to remedy this neglect and understand what anti-racist and Third Worldist Marxists can offer international legal thought. It begins with a discussion of the typical (liberal) approach to racism in international law. It then explores how Marxists have understood the relationship between racism and capitalism, arguing that this fundamentally impacts upon international law. The essay concludes with an exploration of how these dynamics have played out in international law.
马克思主义传统是全球反种族主义运动的重要声音。马克思主义者站在反殖民和反帝国主义运动的最前沿,这些运动采用了马克思主义的概念,并将其用于理解资本主义、种族和殖民主义。然而,这些马克思主义的声音并没有系统地反映国际法。本文试图弥补这种忽视,并理解反种族主义和第三世界主义马克思主义者可以提供什么样的国际法律思想。它首先讨论了国际法中对待种族主义的典型(自由主义)方法。然后,它探讨了马克思主义者如何理解种族主义和资本主义之间的关系,认为这从根本上影响了国际法。文章最后探讨了这些动态是如何在国际法中发挥作用的。
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引用次数: 0
Introduction to the symposium on Race, Racism, and International Law 种族、种族主义和国际法专题讨论会导言
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.1
E. Achiume, J. Gathii
In
在……里面
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引用次数: 0
Anti-Racism at the United Nations 联合国的反种族主义
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.11
E. Achiume, Gay McDougall
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional innovations and their connection with older mechanisms and milestones. From our experience within this architecture, we reflect on shortcomings and dysfunctions that are built into it, and discuss pressing threats and challenges. We highlight the twenty-year-long, unprincipled opposition of members of the Western Europe and Other States Group (WEOG) within the United Nations to the Durban Declaration and Programme of Action (DDPA), which they have used to block progressive efforts to dismantle contemporary and historic racial injustice. We also highlight recent successes within the architecture, noting remarkable, if tenuous, shifts in the normative framing of racism and racial injustice at the United Nations.
种族不公正和不平等在国际上仍然存在争议,联合国仍然是这一争议的突出场所。在这篇文章中,我们描述了联合国指定的解决种族主义、种族歧视、仇外心理和相关不容忍问题的架构。我们强调最近的规范和体制创新及其与旧机制和里程碑的联系。根据我们在该架构中的经验,我们反思了其中的缺点和功能障碍,并讨论了紧迫的威胁和挑战。我们强调,西欧和其他国家集团(WEOG)成员在联合国内对《德班宣言和行动纲领》长达二十年的无原则反对,他们利用《德班宣言》和《行动纲领》来阻止消除当代和历史上种族不公的进步努力。我们还强调了该架构最近取得的成功,注意到联合国对种族主义和种族不公正的规范框架发生了显著的转变,尽管这种转变很微弱。
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引用次数: 0
Slavery's Afterlives: Humanitarian Imperialism and Free Contract 奴隶制的余生:人道主义帝国主义与自由契约
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.7
Vasuki Nesiah
In 1833, slavery was abolished across the British Empire, but its specter continued to haunt the new labor regimes inaugurated in slavery's wake. While much of the analysis of these dynamics focuses on the triangular trade in the Atlantic, this essay focuses on the Indian Ocean. Slavery was largely replaced by indentured labor in the Indian Ocean world, marking a historically significant shift in the political economy of empire, the legal architecture of labor, and the discourses through which the imperial racial capitalist system was legitimated and contested. In the decades that followed, labor became incorporated into market institutions that continued into the post-colonial era. Yet, today, almost two hundred years later, slavery's spectral presence continues to inhabit international labor policy. I argue that the reference to slavery was incorporated into discourses of protection and free contract in ways that sought to sanitize and rationalize regimes of indenture and wage labor in the Indian Ocean world. Thus, paradoxically, slavery is often invoked in ways that are disconnected from its own material history. This essay seeks to trace the persistence of that double move of invocation and disconnection as itself symptomatic of the past in the present. In the context of the nineteenth century labor regime transitions, we might describe imperialism, humanitarianism, and capitalism as having a Weberian relationship of “elective affinities.” Slavery's haunting of the political and normative imagination of alternative labor systems encapsulated those affinities by fusing the denunciation of slavery with the promise of protection and profit, redeeming humanitarian imperialism and commodified labor.
1833年,大英帝国废除了奴隶制,但奴隶制的幽灵继续困扰着奴隶制之后成立的新劳工政权。虽然对这些动态的分析大多集中在大西洋的三角贸易上,但本文关注的是印度洋。在印度洋世界,奴隶制在很大程度上被契约劳工所取代,这标志着帝国的政治经济、劳工的法律架构以及帝国种族资本主义制度合法化和竞争的话语发生了历史性的重大转变。在随后的几十年里,劳动力被纳入市场制度,这种制度一直延续到后殖民时代。然而,近两百年后的今天,奴隶制的光谱存在仍然存在于国际劳工政策中。我认为,奴隶制的提法被纳入了保护和自由合同的话语中,试图净化和合理化印度洋世界的契约和雇佣劳动制度。因此,自相矛盾的是,奴隶制经常以与自身物质历史脱节的方式被援引。本文试图追溯这种调用和断开的双重动作的持续性,它本身就是过去和现在的症状。在19世纪劳工制度转型的背景下,我们可以将帝国主义、人道主义和资本主义描述为具有“选择性亲和力”的韦伯关系。奴隶制对替代劳动制度的政治和规范想象的困扰,通过将对奴隶制的谴责与保护和利润的承诺融合在一起,救赎人道主义帝国主义和商品化劳动。
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引用次数: 0
Pauli Murray: Human Rights Visionary and Trailblazer 保利·默里:人权梦想家和开拓者
Q1 Social Sciences Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.3
D. E. Johnson, C. Powell
While other scholars have discussed Dr. Pauli Murray's remarkable contributions to race and sex equality law,1 few, if any, have placed her contributions within the context of the broader tradition of human rights law. And yet, she identified herself specifically through this lens, using the terminology and law of human rights, in part shaped by her friendship with First Lady Eleanor Roosevelt, a delegate to the UN Drafting Committee for the Universal Declaration of Human Rights (UDHR).2 This essay addresses a lacuna in legal scholarship by exploring the ways in which Murray's work fits into the Black intellectual tradition concerning the human rights idea. It also seeks to provide a greater understanding concerning contributions to human rights (and more broadly, international law) made by Howard University School of Law, where she attended law school and one of us is on the faculty. Among other linkages, Clarence Clyde Ferguson, a dean of Howard Law School and former ambassador, was the first Black president of the American Society of International Law.
虽然其他学者讨论了Pauli Murray博士对种族和性别平等法的杰出贡献,1但很少有学者将她的贡献放在更广泛的人权法传统的背景下。然而,她通过这个镜头,使用人权的术语和法律,明确地表明了自己的身份,部分原因是她与第一夫人埃莉诺·罗斯福的友谊,联合国《世界人权宣言》起草委员会的代表。2本文通过探讨默里的作品如何融入黑人关于人权思想的知识传统,来解决法律学术的空白。它还试图更好地了解霍华德大学法学院对人权(更广泛地说,对国际法)的贡献,她在法学院就读,我们中的一人是该学院的教员。在其他联系中,霍华德法学院院长、前大使克拉伦斯·克莱德·弗格森是美国国际法学会的首位黑人主席。
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引用次数: 0
The Infrastructure of International Law-Making: How Buildings Shape the Publicness of the Global Law-Making System 国际立法的基础设施:建筑物如何塑造全球立法体系的公共性
Q1 Social Sciences Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.71
Nahuel Maisley
International law is a peculiar form of global ordering, one marked by the “imperative of trying to turn a capacity for crude coercion into legitimate authority.”1 The international law-making system is therefore discursively structured around an aspiration to “publicness,”2 around a commitment to secure “some responsiveness to the claims and interests developed within the relevant publics.”3 As it is evident to any observer, this commitment is oftentimes not honored and the process is frequently detached from the ideas, interests, and priorities of those whose lives are ultimately governed by international law.4 The typical analysis of this detachment tends to focus on the role played by the enabling norms—specifically, the norms governing representation, participation, and deliberation in the international law-making system.5 In this Essay, I argue, however, that the actual publicness of the system is also shaped—sometimes in combination with the law, sometimes in competition with it—by the infrastructure of international law-making.6 For all the grand statements about transparency and public engagement, for all the sincere attempts at inclusion and all the ostentatious legal principles, my claim is that the built environment—the chambers, the fences, the checkpoints, the hallways—generally ensures, both materially and symbolically, that the sites of decision making, where law is ultimately created, are distanced from multiple sites of contestation, where the various publics and counterpublics make their voices heard.7
国际法是全球秩序的一种特殊形式,其特点是“必须努力将粗暴胁迫的能力转变为合法权威”。“1因此,国际立法体系是围绕着对“公共性”的渴望而构建的,2围绕着确保“对相关公众内部提出的主张和利益作出一些回应”的承诺而构建的,以及那些生活最终受国际法支配的人的优先事项。4对这种脱离的典型分析往往集中在授权规范所发挥的作用上,特别是国际法制定体系中关于代表、参与和审议的规范。5然而,在这篇文章中,我认为,国际法制定的基础设施也塑造了这个体系的实际公共性——有时与法律结合,有时与法律竞争,围栏、检查站、走廊——通常从物质上和象征上确保决策场所(法律最终制定的地方)与多个争论场所保持距离,在这些场所,各种公众和反公众发出了自己的声音。7
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引用次数: 0
International Law and Regional Electricity Infrastructure: The West African Power Pool 国际法与区域电力基础设施:西非电力池
Q1 Social Sciences Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.72
Edefe Ojomo
In nearly all regions, politico-legal projects for regional organization and integration often prioritize infrastructure construction and maintenance. In West Africa, the development of a regional organization by the post-colonial independent states, in particular the Economic Community of West African States (ECOWAS) formed in 1975, has enabled states to allocate certain powers to formal and informal regional political institutions with the aim of building state effectiveness and capacity and hence increasing public support and popular legitimacy. In this Essay, I argue that regional organizations serve as governance structures whose infrastructural and institutional mechanisms contextually address the needs of states and their citizens. This account particularly applies to West African electricity arrangements overseen through an unusual ECOWAS-linked regional infrastructural organization, the West African Power Pool (WAPP). The case of WAPP demonstrates how the energy infrastructure shapes and modifies regional institutional rules and practices.
在几乎所有地区,区域组织和一体化的政治法律项目往往优先考虑基础设施建设和维护。在西非,后殖民独立国家,特别是1975年成立的西非国家经济共同体(西非经共体)发展了一个区域组织,使国家能够将某些权力分配给正式和非正式的地区政治机构,目的是建立国家效力和能力,从而增加公众支持和民众合法性。在这篇文章中,我认为区域组织是治理结构,其基础设施和体制机制在上下文中满足了国家及其公民的需求。这一说法尤其适用于西非电力安排,该安排由一个不同寻常的与西非经共体有联系的区域基础设施组织西非电力联营组织监督。WAPP的案例展示了能源基础设施如何塑造和修改区域制度规则和实践。
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引用次数: 1
Law as Infrastructure of Colonial Space: Sketches from Turtle Island 作为殖民空间基础设施的法律:海龟岛素描
Q1 Social Sciences Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.70
Deborah E. Cowen
Heraclitus's words remind us that law and infrastructure have lived in intimate relation, in practice and thought, for millennia. This intimacy is palpable in the context of settler worldmaking where colonial jurisdiction is enacted by constraining, with an eye to replacing, Indigenous jurisdiction. Here, the authority to have authority is often asserted in practice through violent attempts to control connectivity and movement. To this day, imperial powers assert jurisdiction over space through infrastructures that enhance or inhibit the motion of goods and people, like railroads, pipelines, border walls, and police.2 This Essay investigates the co-production of colonial law and infrastructure on Turtle Island—an Indigenous name for the continent of North America, which already highlights a different conception of jurisdiction and law through its anchor in creation stories. The brief sketches that follow emphasize the co-constitution of law and infrastructure, yet they also propose a relationship that exceeds proximity or metaphor. Law operates through the ordering of extension, and in this sense, can productively be thought of infrastructurally, as “the movement or patterning of social form.”3 This Essay argues that approaching law infrastructurally foregrounds the contingency of seemingly solid structures, including centrally that of settler jurisdiction.
赫拉克利特的话提醒我们,几千年来,法律和基础设施在实践和思想上一直保持着密切的关系。这种亲近感在移民世界形成的背景下是显而易见的,殖民管辖权是通过限制来制定的,着眼于取代土著管辖权。在这里,拥有权威的权威通常在实践中通过暴力手段来控制连接和移动。直到今天,帝国的权力仍然通过铁路、管道、边境墙和警察等促进或抑制货物和人员流动的基础设施来维护对太空的管辖权本文调查了龟岛(Turtle island)殖民法律和基础设施的联合生产。龟岛是北美大陆的土著名称,通过其创作故事的锚点,已经突出了一种不同的管辖权和法律概念。接下来的草图强调了法律和基础设施的共同构成,但它们也提出了一种超越邻近或隐喻的关系。法律是通过有序的延伸来运作的,在这个意义上,法律可以被有效地看作是“社会形式的运动或模式”。“3本文认为,接近法律基础设施的前景,似乎坚实的结构,包括集中的定居者管辖权的偶然性。
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引用次数: 0
Building Borders and “No Borders”: Infrastructural Politics as Imagination 构建边界与“无边界”:作为想象的基础设施政治
Q1 Social Sciences Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.73
M. Ticktin
Since 2015 when migration across the Mediterranean was declared a “crisis” in Europe, the language of crisis and invasion has persisted, structuring conversations and political imaginations. This has led many to argue for the strict closure of borders and the deportation of migrants or “people on the move,”1 and to a deepening set of racisms within borders. But this “crisis” has also led to a less publicized, opposing struggle against borders, in the service of a more egalitarian world. I argue that in order to really understand how borders are being regulated or unregulated, we need to look not only at the international legal realm, but also at infrastructural politics.2 In this Essay, I will discuss two different terrains of infrastructural struggle over migration and borders: the first is about border walls, which are built to close off resources and partition the world into haves and have nots; the second is an infrastructure of collective living, where people-on-the-move are occupying abandoned spaces and working against borders and private property. I suggest that it is important to attend to the infrastructural dimensions of migration and border regimes, as they can produce and regularize exclusion and conceal it from the conventional field of political discussion and legal contestation. At the same time, new infrastructures can prefigure better, more equitable worlds.
自2015年跨地中海移民在欧洲被宣布为“危机”以来,危机和入侵的语言一直存在,构建了对话和政治想象。这导致许多人主张严格关闭边境,驱逐移民或“流动中的人”1,并在边境内加深种族主义。但这场“危机”也导致了一场不那么公开、反对边界的斗争,为一个更加平等的世界服务。我认为,为了真正了解边境是如何被监管的,我们不仅需要关注国际法律领域,还需要关注基础设施政治。2在这篇文章中,我将讨论移民和边境问题上基础设施斗争的两个不同领域:第一个是关于边境墙,它们旨在封闭资源,将世界划分为富人和穷人;第二个是集体生活的基础设施,流动中的人们占据废弃的空间,反对边界和私人财产。我建议,重要的是要关注移民和边境制度的基础设施层面,因为它们可以产生排斥现象并使其正规化,并将其隐藏在传统的政治讨论和法律争论领域之外。与此同时,新的基础设施可以预示着更美好、更公平的世界。
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引用次数: 1
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