Pub Date : 2022-07-03DOI: 10.1080/20414005.2023.2171997
Nicolás M. Perrone, Nicole Selamé Glena
ABSTRACT The role of technology transfer in climate change negotiations is vital. If technology is to help mitigate and adapt to climate change, the international community needs to ensure sufficient innovation and technology transfer. This article concentrates on the existing legal mechanisms that seek to ensure environmentally sustainable technologies are developed and available where needed. It problematises dominant international and public law frameworks, favouring instead a transnational lens that highlights the market, hybrid and non-market approaches to technology transfer. This conceptual framework allows one to focus on how states, international organisations and corporations shape this area of the law. Ultimately, the article presents the claim that discussions about technology transfer reflect a broader struggle, as the shift from fossil fuels to green energy opens up space to reconsider how one thinks about technology, intellectual property rights, dependency, and the role of the state.
{"title":"Technology transfer and climate change: a transnational law analysis","authors":"Nicolás M. Perrone, Nicole Selamé Glena","doi":"10.1080/20414005.2023.2171997","DOIUrl":"https://doi.org/10.1080/20414005.2023.2171997","url":null,"abstract":"ABSTRACT The role of technology transfer in climate change negotiations is vital. If technology is to help mitigate and adapt to climate change, the international community needs to ensure sufficient innovation and technology transfer. This article concentrates on the existing legal mechanisms that seek to ensure environmentally sustainable technologies are developed and available where needed. It problematises dominant international and public law frameworks, favouring instead a transnational lens that highlights the market, hybrid and non-market approaches to technology transfer. This conceptual framework allows one to focus on how states, international organisations and corporations shape this area of the law. Ultimately, the article presents the claim that discussions about technology transfer reflect a broader struggle, as the shift from fossil fuels to green energy opens up space to reconsider how one thinks about technology, intellectual property rights, dependency, and the role of the state.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"261 - 286"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43426189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/20414005.2023.2174718
Rosanna Anderson
ABSTRACT Article 6.8 was included in the Paris Agreement in the last minutes of COP15 after years of advocacy for non-market approaches (NMAs), predominately from Bolivia. Between 2015 - 2021, however, the development of NMAs remained largely stagnant and was hindered by ideological and financial disagreements during negotiations. Despite challenges, the operationalisation of NMAs under Article 6.8 has recently started to take shape. Driving this are the development and maturing of relevant pilot projects, such as the Adaptation Benefits Mechanism (ABM) and the Local Climate Adaptive Living Facility (LoCAL), as well as the finalisation of the Paris Agreement Rulebook at COP26. Accordingly, this paper uses a transnational framing to explore these developments and the potential impacts of NMAs under Article 6.8, with particular attention towards financial and ideological considerations.
{"title":"Non-market mechanisms under article 6.8 of the Paris Agreement: a transnational perspective","authors":"Rosanna Anderson","doi":"10.1080/20414005.2023.2174718","DOIUrl":"https://doi.org/10.1080/20414005.2023.2174718","url":null,"abstract":"ABSTRACT Article 6.8 was included in the Paris Agreement in the last minutes of COP15 after years of advocacy for non-market approaches (NMAs), predominately from Bolivia. Between 2015 - 2021, however, the development of NMAs remained largely stagnant and was hindered by ideological and financial disagreements during negotiations. Despite challenges, the operationalisation of NMAs under Article 6.8 has recently started to take shape. Driving this are the development and maturing of relevant pilot projects, such as the Adaptation Benefits Mechanism (ABM) and the Local Climate Adaptive Living Facility (LoCAL), as well as the finalisation of the Paris Agreement Rulebook at COP26. Accordingly, this paper uses a transnational framing to explore these developments and the potential impacts of NMAs under Article 6.8, with particular attention towards financial and ideological considerations.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"321 - 351"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48196427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-03DOI: 10.1080/20414005.2023.2174719
Tomaso Ferrando
ABSTRACT This paper combines direct observation of the COP26 and the analysis of the official documents to conclude that, despite the limited attention that food systems received in the official statements, food systems and food systems governance were key. Large scale food corporations were among the main sponsors of the Conference, few events were organised where techno-optimism and private-public partnerships were proposed as silver bullets for both the food and climate agendas, and pledges were made that may have a significant impact on the future of food. Food was not missing. What was missing was the engagement with the root causes of the problems, the recognition of the socio-ecological complexity of food systems, and the commitment to address power imbalances and capitalism as part of the problem. In light of this convergence and the intensification of the food and climate crises, will environmental and food activists join forces and be capable of reclaiming spaces and narratives that have been co-opted by corporate actors and their reformist agendas?
{"title":"COP26 as the convergence of the corporate food-climate agendas","authors":"Tomaso Ferrando","doi":"10.1080/20414005.2023.2174719","DOIUrl":"https://doi.org/10.1080/20414005.2023.2174719","url":null,"abstract":"ABSTRACT This paper combines direct observation of the COP26 and the analysis of the official documents to conclude that, despite the limited attention that food systems received in the official statements, food systems and food systems governance were key. Large scale food corporations were among the main sponsors of the Conference, few events were organised where techno-optimism and private-public partnerships were proposed as silver bullets for both the food and climate agendas, and pledges were made that may have a significant impact on the future of food. Food was not missing. What was missing was the engagement with the root causes of the problems, the recognition of the socio-ecological complexity of food systems, and the commitment to address power imbalances and capitalism as part of the problem. In light of this convergence and the intensification of the food and climate crises, will environmental and food activists join forces and be capable of reclaiming spaces and narratives that have been co-opted by corporate actors and their reformist agendas?","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"218 - 236"},"PeriodicalIF":0.0,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44562336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2081908
Josip Sarić
ABSTRACT This article examines the transnational #MeToo movement’s manifestation in Croatia alongside the divided public responses to the ratification of the Council of Europe’s Convention on preventing and combating violence against women and domestic violence. The article argues that motherhood discourse was a unifying factor in mobilising activism seeking to address violence against women. Utilising motherhood politics may be an effective tool for attracting widespread support in nationalist and conservative settings, but it also reinforces particular constructions of femininity consequently leading to silences and exclusions. While considering the potentials and risks of the Croatian #MeToo campaigns and how these relate to broader discussions on transnational feminism, the article calls for further reflection on what meaningful transnational feminist solidarity entails.
{"title":"The #MeToo movement’s manifestation in Croatia: engaging with the meaningfulness of transnational feminist solidarity","authors":"Josip Sarić","doi":"10.1080/20414005.2022.2081908","DOIUrl":"https://doi.org/10.1080/20414005.2022.2081908","url":null,"abstract":"ABSTRACT This article examines the transnational #MeToo movement’s manifestation in Croatia alongside the divided public responses to the ratification of the Council of Europe’s Convention on preventing and combating violence against women and domestic violence. The article argues that motherhood discourse was a unifying factor in mobilising activism seeking to address violence against women. Utilising motherhood politics may be an effective tool for attracting widespread support in nationalist and conservative settings, but it also reinforces particular constructions of femininity consequently leading to silences and exclusions. While considering the potentials and risks of the Croatian #MeToo campaigns and how these relate to broader discussions on transnational feminism, the article calls for further reflection on what meaningful transnational feminist solidarity entails.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"81 - 104"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45394658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2081907
W. L. Cheah
Abstract From 8 to 12 December 2000, the Tokyo Women’s Tribunal (‘TWT’) convened to address the sexual enslavement of ‘comfort women’ during the Second World War. As a peoples’ tribunal organised by private citizens, the TWT’s findings are not legally binding or enforceable. Nevertheless, the tribunal’s judgment has been referenced and discussed in numerous official legal spaces. This article argues that the TWT’s conventional approach to law enhanced its legal legitimacy and facilitated its penetration into formal legal spheres. The Tribunal’s legal strategy came with certain limitations. While its proceedings and judgment strove to engage with survivors’ experiences and claims in a holistic manner, the tribunal’s ability to do so was limited by its commitment to positive law and formal procedure. Drawing on transitional and restorative justice scholarship, this article explores the extent to which the TWT addressed survivors’ relational, participatory, and transformative claims.
{"title":"The potential and limits of peoples’ tribunals as legal actors: revisiting the Tokyo Women’s Tribunal","authors":"W. L. Cheah","doi":"10.1080/20414005.2022.2081907","DOIUrl":"https://doi.org/10.1080/20414005.2022.2081907","url":null,"abstract":"Abstract From 8 to 12 December 2000, the Tokyo Women’s Tribunal (‘TWT’) convened to address the sexual enslavement of ‘comfort women’ during the Second World War. As a peoples’ tribunal organised by private citizens, the TWT’s findings are not legally binding or enforceable. Nevertheless, the tribunal’s judgment has been referenced and discussed in numerous official legal spaces. This article argues that the TWT’s conventional approach to law enhanced its legal legitimacy and facilitated its penetration into formal legal spheres. The Tribunal’s legal strategy came with certain limitations. While its proceedings and judgment strove to engage with survivors’ experiences and claims in a holistic manner, the tribunal’s ability to do so was limited by its commitment to positive law and formal procedure. Drawing on transitional and restorative justice scholarship, this article explores the extent to which the TWT addressed survivors’ relational, participatory, and transformative claims.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"8 - 30"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41804476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2081911
Miriam Bak McKenna, Maj Grasten
ABSTRACT This article examines the role of law in the global economy of care. Drawing upon decolonial theory, transnational labour law, and scholarship in International Political Economy (IPE), it develops the concept of legal borderlands and applies it to an analysis of outsourcing domestic care work to female migrant workers in the Danish au pair scheme. The article argues that law constructs liminal legal subjects with limited rights who are ambiguously situated at the intersection of different legal regimes by differentiating between public/private, work/non-work, and citizen/migrant. These differentiations displace legal subjects outside the scope of labour law protection. The case reflects broader labour market trends of increasing flexibility and deregulation, and the complex transnational interplay of law and migration policies. Legal borderlands is a transnational space of socio-legal relations sitting at the intersection of, and in frictions between legal regimes and hierarchies of oppression, including race, gender, and migrant status.
{"title":"Legal borderlands in the global economy of care","authors":"Miriam Bak McKenna, Maj Grasten","doi":"10.1080/20414005.2022.2081911","DOIUrl":"https://doi.org/10.1080/20414005.2022.2081911","url":null,"abstract":"ABSTRACT This article examines the role of law in the global economy of care. Drawing upon decolonial theory, transnational labour law, and scholarship in International Political Economy (IPE), it develops the concept of legal borderlands and applies it to an analysis of outsourcing domestic care work to female migrant workers in the Danish au pair scheme. The article argues that law constructs liminal legal subjects with limited rights who are ambiguously situated at the intersection of different legal regimes by differentiating between public/private, work/non-work, and citizen/migrant. These differentiations displace legal subjects outside the scope of labour law protection. The case reflects broader labour market trends of increasing flexibility and deregulation, and the complex transnational interplay of law and migration policies. Legal borderlands is a transnational space of socio-legal relations sitting at the intersection of, and in frictions between legal regimes and hierarchies of oppression, including race, gender, and migrant status.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"131 - 156"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42671097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2101307
Siobhan L. Yorgun
ABSTRACT Refugee law scholarship is largely focused on the application of refugee law and the refugee status determination processes of Western host countries. This geographical focus in much scholarly work stands in stark contrast to the global distribution of refugees, the majority of whom are hosted by countries of the Global South. Women refugees are particularly underrepresented in Western host states. This paper focuses attention on refugee women in polygynous relationships within the South African asylum system, exposing both the exclusionary impact of Western anti-polygamy measures and the imbalanced knowledge production in refugee law. This work makes clear the way in which an unacknowledged bias in the study of refugee law as applied only in select Western countries, limits and indeed distorts our understanding of international refugee law and serves to erase certain refugees.
{"title":"Western hosts and Southern ghosts: the west-as-host construct in refugee law scholarship and its gendered implications for women in polygynous relationships","authors":"Siobhan L. Yorgun","doi":"10.1080/20414005.2022.2101307","DOIUrl":"https://doi.org/10.1080/20414005.2022.2101307","url":null,"abstract":"ABSTRACT Refugee law scholarship is largely focused on the application of refugee law and the refugee status determination processes of Western host countries. This geographical focus in much scholarly work stands in stark contrast to the global distribution of refugees, the majority of whom are hosted by countries of the Global South. Women refugees are particularly underrepresented in Western host states. This paper focuses attention on refugee women in polygynous relationships within the South African asylum system, exposing both the exclusionary impact of Western anti-polygamy measures and the imbalanced knowledge production in refugee law. This work makes clear the way in which an unacknowledged bias in the study of refugee law as applied only in select Western countries, limits and indeed distorts our understanding of international refugee law and serves to erase certain refugees.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"105 - 130"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44393885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2081906
Farnush Ghadery
ABSTRACT While human rights law remains the foremost tool for the advancement of women’s rights, particularly in the eyes of lawyers and legal scholars, this article highlights other approaches in the struggle for gender equality worthy of attention. Elsewhere this author has argued that the hegemony of Western thought in feminist theory and human rights law has inhibited the recognition that across the globe a variety of different epistemologies, discourses, and approaches are being used for advancing gender equality. This article builds on this claim by drawing attention to the role of music and song as part of contextualised feminist resistance efforts, both by social movements and artists/artistic collectives. The outlined examples revert to music both as a form of resistance to dominant patriarchal structures and a form of advocacy to change those inequalities. As such, this article attempts to connect the scholarship on transnational legal feminism with that of music.
{"title":"‘Beyond international human rights law – music and song in contextualised struggles for gender equality’","authors":"Farnush Ghadery","doi":"10.1080/20414005.2022.2081906","DOIUrl":"https://doi.org/10.1080/20414005.2022.2081906","url":null,"abstract":"ABSTRACT While human rights law remains the foremost tool for the advancement of women’s rights, particularly in the eyes of lawyers and legal scholars, this article highlights other approaches in the struggle for gender equality worthy of attention. Elsewhere this author has argued that the hegemony of Western thought in feminist theory and human rights law has inhibited the recognition that across the globe a variety of different epistemologies, discourses, and approaches are being used for advancing gender equality. This article builds on this claim by drawing attention to the role of music and song as part of contextualised feminist resistance efforts, both by social movements and artists/artistic collectives. The outlined examples revert to music both as a form of resistance to dominant patriarchal structures and a form of advocacy to change those inequalities. As such, this article attempts to connect the scholarship on transnational legal feminism with that of music.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"19 S2","pages":"31 - 58"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41257868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2106869
Farnush Ghadery, Sital Kalantry
Recent events remind us of the grave extent to which gender inequalities still persist across the world. Whether in the form of the political targeting of LGBTQ+ persons in the United States, the ongoing oppression of Afghan women by the Taliban, the police-sanctioned violence against women from Latin America to the United Kingdom, veil bans targeting Muslim women from Switzerland and France to India, or the ongoing struggle against sexual harassment and violence against women and marginalised genders as brought to public attention by the #MeToo movement. When examining these injustices, it becomes clear that the ‘law’ plays a crucial role in perpetuating and reinforcing gender inequalities. As a result, feminist
{"title":"Introduction – transnational legal feminism","authors":"Farnush Ghadery, Sital Kalantry","doi":"10.1080/20414005.2022.2106869","DOIUrl":"https://doi.org/10.1080/20414005.2022.2106869","url":null,"abstract":"Recent events remind us of the grave extent to which gender inequalities still persist across the world. Whether in the form of the political targeting of LGBTQ+ persons in the United States, the ongoing oppression of Afghan women by the Taliban, the police-sanctioned violence against women from Latin America to the United Kingdom, veil bans targeting Muslim women from Switzerland and France to India, or the ongoing struggle against sexual harassment and violence against women and marginalised genders as brought to public attention by the #MeToo movement. When examining these injustices, it becomes clear that the ‘law’ plays a crucial role in perpetuating and reinforcing gender inequalities. As a result, feminist","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"1 - 7"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44794569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-02DOI: 10.1080/20414005.2022.2106659
Sital Kalantry, Shireen Moti
ABSTRACT The Istanbul Convention is an important Council of Europe treaty aimed at preventing violence against women. Article 42 of the Istanbul Convention prohibits the use of ‘culture, custom, religion, or tradition’ in trials of defendants accused of violence against women. This article examines Article 42 from a transnational legal feminist perspective. As a treaty that applies to a wide range of countries, it should appreciate the significantly varying societal contexts across countries within the Council of Europe. It is argued here that the language of Article 42 does not go far enough to recognise this transnational diversity.
{"title":"Transnational legal feminist approaches to the honour crimes provision in the Istanbul Convention","authors":"Sital Kalantry, Shireen Moti","doi":"10.1080/20414005.2022.2106659","DOIUrl":"https://doi.org/10.1080/20414005.2022.2106659","url":null,"abstract":"ABSTRACT The Istanbul Convention is an important Council of Europe treaty aimed at preventing violence against women. Article 42 of the Istanbul Convention prohibits the use of ‘culture, custom, religion, or tradition’ in trials of defendants accused of violence against women. This article examines Article 42 from a transnational legal feminist perspective. As a treaty that applies to a wide range of countries, it should appreciate the significantly varying societal contexts across countries within the Council of Europe. It is argued here that the language of Article 42 does not go far enough to recognise this transnational diversity.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"59 - 80"},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48812058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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