{"title":"Material pasts and futures: international law’s objects","authors":"Jessie Hohmann, Daniel Joyce","doi":"10.1093/lril/lrz009","DOIUrl":"https://doi.org/10.1093/lril/lrz009","url":null,"abstract":"","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lril/lrz009","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41885613","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}
This article examines the relationship between Chile’s 1990 Truth Commission (TC) and international human rights law (IHRL) through an ethnography of Chile’s Memory Museum. It shows how the Museum gives continuity to the TC’s lawful truth and subordinates lawful truths that are not informed, mediated and grounded by IHRL.
{"title":"Crafting the lawful truth: Chile’s 1990 Truth Commission, international human rights and the museum of memory","authors":"Valeria Vázquez Guevara","doi":"10.1093/lril/lrz008","DOIUrl":"https://doi.org/10.1093/lril/lrz008","url":null,"abstract":"\u0000 This article examines the relationship between Chile’s 1990 Truth Commission (TC) and international human rights law (IHRL) through an ethnography of Chile’s Memory Museum. It shows how the Museum gives continuity to the TC’s lawful truth and subordinates lawful truths that are not informed, mediated and grounded by IHRL.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lril/lrz008","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46658276","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}
This article argues that international criminal law implies a specific form of conscience. It then traces the vicissitudes of that conscience throughout the history of the criminalisation of apartheid in international law. It concludes with three theses about the concept of ‘global apartheid’.
{"title":"The crime of apartheid: genealogy of a successful failure","authors":"Adam Sitze","doi":"10.1093/lril/lrz005","DOIUrl":"https://doi.org/10.1093/lril/lrz005","url":null,"abstract":"\u0000 This article argues that international criminal law implies a specific form of conscience. It then traces the vicissitudes of that conscience throughout the history of the criminalisation of apartheid in international law. It concludes with three theses about the concept of ‘global apartheid’.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lril/lrz005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49621941","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}
{"title":"Sifting through the ‘successful failures’ and ‘failed successes’ of international law: introducing two essays on law and failure","authors":"Deval Desai, Christopher Gevers, A. Khan","doi":"10.1093/lril/lrz010","DOIUrl":"https://doi.org/10.1093/lril/lrz010","url":null,"abstract":"","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":"44 3","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lril/lrz010","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41307571","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}
The Amistad case deals with an 1839 slave-ship rebellion seeking to reverse the middle passage. The rebels reimagine freedom in counterpoint to liberal freedom and legal authority—a domain that intertwined emancipation and enslavement, the age of liberty and the Black Atlantic, the distance between continents and tides binding them together, redemption of American humanism and attacks on Black humanity.
{"title":"Freedom at sea","authors":"Vasuki Nesiah","doi":"10.1093/lril/lrz006","DOIUrl":"https://doi.org/10.1093/lril/lrz006","url":null,"abstract":"\u0000 The Amistad case deals with an 1839 slave-ship rebellion seeking to reverse the middle passage. The rebels reimagine freedom in counterpoint to liberal freedom and legal authority—a domain that intertwined emancipation and enslavement, the age of liberty and the Black Atlantic, the distance between continents and tides binding them together, redemption of American humanism and attacks on Black humanity.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/lril/lrz006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46414320","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}
This article engages with international lawyers’ growing historiographical appetites. It makes the argument that the critical histories that have come to populate the international legal literature over the last decades continue to be organised along the very lines set by the linear historical narratives which they seek to question and disrupt. It makes a plea for radical historical critique, that is, for critical histories that move beyond the markers, periodisation and causal sequencing they seek to displace or disrupt and that embrace a consciously interventionist history-writing attitude with a view to unbridling disciplinary imagination.
{"title":"Critical histories of international law and the repression of disciplinary imagination","authors":"Jean d’Aspremont","doi":"10.1093/LRIL/LRZ001","DOIUrl":"https://doi.org/10.1093/LRIL/LRZ001","url":null,"abstract":"This article engages with international lawyers’ growing historiographical appetites. It makes the argument that the critical histories that have come to populate the international legal literature over the last decades continue to be organised along the very lines set by the linear historical narratives which they seek to question and disrupt. It makes a plea for radical historical critique, that is, for critical histories that move beyond the markers, periodisation and causal sequencing they seek to displace or disrupt and that embrace a consciously interventionist history-writing attitude with a view to unbridling disciplinary imagination.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LRIL/LRZ001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48310594","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}
{"title":"The invisibility of race at the ICC: lessons from the US criminal justice system","authors":"Randle C. DeFalco, F. Mégret","doi":"10.1093/LRIL/LRZ002","DOIUrl":"https://doi.org/10.1093/LRIL/LRZ002","url":null,"abstract":"","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LRIL/LRZ002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46598246","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}
This article seeks to understand how the dynamic of difference described by Antony Anghie was brought to bear on the lands of the Islamic world, during the waning years of the Qajar Empire. The methodology I propose will seek to unearth the historical experience of those subjected to imperial power, including examining the effects of the doctrines and rules of international law from their perspective. How can we understand the history of international law from the perspective of its victims? My interest lies in the expression of international law against non-European polities largely influenced by (but not reducible to) Islam, and how those societies reacted against the onslaught of European colonial ventures. More specifically, I will hypothetically propose that international law was, for the European powers, a technology of Empire reinforcing the Modern/Colonial divide, especially in the dialectic relationship of secularism and Islam, the modern and the traditional. I will study this dynamic in the context of later years of the Qajar dynasty in Persia, in its relationship with the imperial powers of Great Britain and Russia. My hypothesis will be that the underlying rationale of the encounter between the modern and its Islamic other, and thus an epistemic predisposition of international law, is that secularism is a driving force of modernity, of social progress, and that the perceived Islamicate world must be made to submit to it in order for it to be accepted as an equal sovereign. Societies that lack secularism are contrasted with its presence in the West, creating an absolute enmity, an irreconcilable ontological confrontation. This, I claim, refers to Eurocentrism’s existential/ontological fear as to radical alterity of religious normative networks in the face of modern secularism. Modernity’s abyssal thinking equates a religious nomos to the backwardness of a society, and in modern international law, the religious becomes ill-legal.
{"title":"The modern and the traditional: Islam, Islamic law and European capitulations in late Qajar Iran","authors":"Pierre-Alexandre Cardinal","doi":"10.1093/LRIL/LRZ004","DOIUrl":"https://doi.org/10.1093/LRIL/LRZ004","url":null,"abstract":"This article seeks to understand how the dynamic of difference described by Antony Anghie was brought to bear on the lands of the Islamic world, during the waning years of the Qajar Empire. The methodology I propose will seek to unearth the historical experience of those subjected to imperial power, including examining the effects of the doctrines and rules of international law from their perspective. How can we understand the history of international law from the perspective of its victims? My interest lies in the expression of international law against non-European polities largely influenced by (but not reducible to) Islam, and how those societies reacted against the onslaught of European colonial ventures. More specifically, I will hypothetically propose that international law was, for the European powers, a technology of Empire reinforcing the Modern/Colonial divide, especially in the dialectic relationship of secularism and Islam, the modern and the traditional. I will study this dynamic in the context of later years of the Qajar dynasty in Persia, in its relationship with the imperial powers of Great Britain and Russia. \u0000My hypothesis will be that the underlying rationale of the encounter between the modern and its Islamic other, and thus an epistemic predisposition of international law, is that secularism is a driving force of modernity, of social progress, and that the perceived Islamicate world must be made to submit to it in order for it to be accepted as an equal sovereign. Societies that lack secularism are contrasted with its presence in the West, creating an absolute enmity, an irreconcilable ontological confrontation. This, I claim, refers to Eurocentrism’s existential/ontological fear as to radical alterity of religious normative networks in the face of modern secularism. Modernity’s abyssal thinking equates a religious nomos to the backwardness of a society, and in modern international law, the religious becomes ill-legal.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LRIL/LRZ004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42760450","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}
International law is a creole without native speakers, produced at interfaces among distinct languages (often in colonial contact zones), not reducible to its participating tongues. Its figurations of sovereignty and personhood may not obey ordinary grammatical rules. Unruly personifications in Amos Tutuola’s Palm-wine Drinkard, colonial charter company treaties, and legal theory, highlight some pitfalls of confusing legal fictions for social facts.
{"title":"Pathetic fallacies: personification and the unruly subjects of international law","authors":"Joseph R. Slaughter","doi":"10.1093/LRIL/LRZ003","DOIUrl":"https://doi.org/10.1093/LRIL/LRZ003","url":null,"abstract":"International law is a creole without native speakers, produced at interfaces among distinct languages (often in colonial contact zones), not reducible to its participating tongues. Its figurations of sovereignty and personhood may not obey ordinary grammatical rules. Unruly personifications in Amos Tutuola’s Palm-wine Drinkard, colonial charter company treaties, and legal theory, highlight some pitfalls of confusing legal fictions for social facts.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LRIL/LRZ003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47216227","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}
"It is by becoming aware of having a choice between possible options, by realizing one has discretion, that one experiences a moment of vertigo. This moment consists of the vertigo of professional freedom, when we realize it might well be the other way. After all, this is the unbearable lightness, the emotional experience we go through when we realize that international law might not be at all what we think it is."
{"title":"The unbearable lightness of international law","authors":"A. Bianchi","doi":"10.1093/LRIL/LRY030","DOIUrl":"https://doi.org/10.1093/LRIL/LRY030","url":null,"abstract":"\"It is by becoming aware of having a choice between possible options, by realizing one has discretion, that one experiences a moment of vertigo. This moment consists of the vertigo of professional freedom, when we realize it might well be the other way. After all, this is the unbearable lightness, the emotional experience we go through when we realize that international law might not be at all what we think it is.\"","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/LRIL/LRY030","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48331559","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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