This article examines how the state imagines and represents migration. Using the Merseyside Maritime Museum as a frame, it provides key insights into how perspectives of time and particular constructions of colonial history have contributed to a system of immigration law that is characterised by a policy of institutional forgetting.
{"title":"The museum and the border: the Merseyside Maritime Museum and the construction of the migrant and refugee","authors":"A. Neylon","doi":"10.1093/lril/lrab006","DOIUrl":"https://doi.org/10.1093/lril/lrab006","url":null,"abstract":"\u0000 This article examines how the state imagines and represents migration. Using the Merseyside Maritime Museum as a frame, it provides key insights into how perspectives of time and particular constructions of colonial history have contributed to a system of immigration law that is characterised by a policy of institutional forgetting.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41659393","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 is the second of a two-part analysis of the work of the international legal historian, CH Alexandrowicz. Part II analyses Alexandrowicz’s narrative of the decline of international law represented by 19th-century positivism and the scramble for African territory, where legal principles such as the protectorate became mere tools for acquisition, and treaties bereft of obligation. It traces his sympathy for the post-independence ‘new states’, his hope for the renewal of international law, the Romantic narrative imbuing his secular, modernist eschatology, and his continuing engagement with Indian Constitutional development.
{"title":"The Polish Rider: CH Alexandrowicz and the reorientation of international law, Part II: declension and the promise of renewal","authors":"C. Landauer","doi":"10.1093/lril/lrab007","DOIUrl":"https://doi.org/10.1093/lril/lrab007","url":null,"abstract":"\u0000 This article is the second of a two-part analysis of the work of the international legal historian, CH Alexandrowicz. Part II analyses Alexandrowicz’s narrative of the decline of international law represented by 19th-century positivism and the scramble for African territory, where legal principles such as the protectorate became mere tools for acquisition, and treaties bereft of obligation. It traces his sympathy for the post-independence ‘new states’, his hope for the renewal of international law, the Romantic narrative imbuing his secular, modernist eschatology, and his continuing engagement with Indian Constitutional development.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41848238","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}
In the aftermath of the US led invasion of Iraq in 2003, considerable attention was given to the apparent emergence of a new type of belligerent occupation—the ‘transformative occupation’ which apparently challenged the traditional assumptions of the law of occupation. The suggestion here is that, as an examination of the British occupation of Mesopotamia between 1914-1924 reveals, the ‘transformative occupation’ is by no means a new institution, but is one that may be associated with a tradition of thought and practice in which the institution of belligerent occupationwas made congruent with the operational rationalities of colonial rule by re-imagining it as a form of sacred trust. The legacy of that history, it is contended, is critical for understanding the role of occupation law today.
{"title":"The tyranny of strangers: transformative occupations old and new","authors":"M. Craven","doi":"10.1093/lril/lrab017","DOIUrl":"https://doi.org/10.1093/lril/lrab017","url":null,"abstract":"\u0000 In the aftermath of the US led invasion of Iraq in 2003, considerable attention was given to the apparent emergence of a new type of belligerent occupation—the ‘transformative occupation’ which apparently challenged the traditional assumptions of the law of occupation. The suggestion here is that, as an examination of the British occupation of Mesopotamia between 1914-1924 reveals, the ‘transformative occupation’ is by no means a new institution, but is one that may be associated with a tradition of thought and practice in which the institution of belligerent occupationwas made congruent with the operational rationalities of colonial rule by re-imagining it as a form of sacred trust. The legacy of that history, it is contended, is critical for understanding the role of occupation law today.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42382489","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}
A key feature of the Iraq war was the prominence of international legal argument. This article argues that the motif of the ‘illegal war’ was crucial in mobilisations against the war. It traces the reasons for the prominence of this ‘illegal war’ motif and the wider political consequences of its adoption.
{"title":"International law, politics and opposition to the Iraq War","authors":"R. Knox","doi":"10.1093/lril/lrab014","DOIUrl":"https://doi.org/10.1093/lril/lrab014","url":null,"abstract":"\u0000 A key feature of the Iraq war was the prominence of international legal argument. This article argues that the motif of the ‘illegal war’ was crucial in mobilisations against the war. It traces the reasons for the prominence of this ‘illegal war’ motif and the wider political consequences of its adoption.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46327791","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 paper uses the Iranian detention of twelve British naval and marine personnel in the Northern Gulf in March 2007 as a prompt to examine the place of the 2003 invasion of Iraq within the continuities and ruptures of the international legal imagination, including that of critical international lawyers.
{"title":"Maritime demarcation in the Gulf after 2003","authors":"G. Heathcote","doi":"10.1093/lril/lrab015","DOIUrl":"https://doi.org/10.1093/lril/lrab015","url":null,"abstract":"\u0000 This paper uses the Iranian detention of twelve British naval and marine personnel in the Northern Gulf in March 2007 as a prompt to examine the place of the 2003 invasion of Iraq within the continuities and ruptures of the international legal imagination, including that of critical international lawyers.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47164235","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 short symposium brings together several distinguished scholars to discuss Gene Garver’s recent book, For the Sake of Argument: Practical Reasoning, Character and the Ethics of Belief (University of Chicago Press, 2004). Garver is Regents Professor of Philosophy at Saint John’s University and Adjunct Professor in the Department of Philosophy at the University of Minnesota, and he is widely acclaimed for his work on Aristotle. For the Sake of Argument is a substantial contribution to the literature because it applies an exciting interpretation of the connections between Aristotle’s Rhetoric and Nicomachean Ethics to legal practice. Although it might seem trite to say that law is a rhetorical activity that is grounded in practical reasoning, Garver demonstrates the deep significance of this insight through his careful exegesis of Aristotle. I first met Gene (briefly) at an early Annual Meeting of the Working Group on Law, Culture and the Humanities at Wake Forest University, where he spoke on legal rhetoric as part of a panel that included Eileen Scallen, who is one of the contributors to this Symposium. Since then we have collaborated on several panels at this annual conference, and
{"title":"Symposium Introduction: The 2003 Iraq War: history, legacy, resistance","authors":"K. Grady","doi":"10.1093/lril/lrab016","DOIUrl":"https://doi.org/10.1093/lril/lrab016","url":null,"abstract":"This short symposium brings together several distinguished scholars to discuss Gene Garver’s recent book, For the Sake of Argument: Practical Reasoning, Character and the Ethics of Belief (University of Chicago Press, 2004). Garver is Regents Professor of Philosophy at Saint John’s University and Adjunct Professor in the Department of Philosophy at the University of Minnesota, and he is widely acclaimed for his work on Aristotle. For the Sake of Argument is a substantial contribution to the literature because it applies an exciting interpretation of the connections between Aristotle’s Rhetoric and Nicomachean Ethics to legal practice. Although it might seem trite to say that law is a rhetorical activity that is grounded in practical reasoning, Garver demonstrates the deep significance of this insight through his careful exegesis of Aristotle. I first met Gene (briefly) at an early Annual Meeting of the Working Group on Law, Culture and the Humanities at Wake Forest University, where he spoke on legal rhetoric as part of a panel that included Eileen Scallen, who is one of the contributors to this Symposium. Since then we have collaborated on several panels at this annual conference, and","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45217856","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 essay reads three texts: Charlotte Peevers’s The Politics of Justifying Force: the Suez Crisis, the Iraq War and International Law, the 2016 Report of the UK Iraq Inquiry, and Ayça Çubukçu’s For the Love of Humanity: The World Tribunal On Iraq. It explores what each of the texts tells us about the role of international law as a public language and suggests how we might think of the texts as creating one legacy of the Iraq War.
{"title":"Public invocations of international law and legacies of the Iraq War","authors":"Madelaine Chiam","doi":"10.1093/lril/lrab009","DOIUrl":"https://doi.org/10.1093/lril/lrab009","url":null,"abstract":"\u0000 This essay reads three texts: Charlotte Peevers’s The Politics of Justifying Force: the Suez Crisis, the Iraq War and International Law, the 2016 Report of the UK Iraq Inquiry, and Ayça Çubukçu’s For the Love of Humanity: The World Tribunal On Iraq. It explores what each of the texts tells us about the role of international law as a public language and suggests how we might think of the texts as creating one legacy of the Iraq War.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45417185","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}
Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he reflects on his political and intellectual trajectory—from early encounters with Marx to anti-apartheid activism to a leading position in the South African judiciary—and his lifelong commitment to a radical left politics.
Dennis Davis是南非高等法院法官、竞争上诉法院院长和开普敦大学名誉法学教授。在与Tor Krever的这场广泛对话中，他反思了自己的政治和智力轨迹——从早期与马克思的接触到反种族隔离运动，再到在南非司法部门的领导地位——以及他对激进左翼政治的终身承诺。
{"title":"A life in human rights: a conversation with Dennis Davis","authors":"Tor Krever","doi":"10.1093/lril/lrab008","DOIUrl":"https://doi.org/10.1093/lril/lrab008","url":null,"abstract":"\u0000 Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he reflects on his political and intellectual trajectory—from early encounters with Marx to anti-apartheid activism to a leading position in the South African judiciary—and his lifelong commitment to a radical left politics.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41882082","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}
Drawing on my inaugural lecture, I argue that the spectre of inequality haunts international law. The presence of the spectre first of all draws attention to what is rotten in the global economic order: how the law of the global economy has contributed to high levels of inequality while, at the same time, abdicating responsibility for it. Second, like all spectres, international law’s spectre of inequality is animated by a spirit, the spirit of social justice. It points to forsaken paths, lost memories and conjures up past possibilities that were not realized. Third, the spectre endures unless we give in and break with current repetitions. It directs those in search of progressive change towards productive contradictions within global order. Those contradictions are indeed carriers of hope. They offer reason to believe that the future is open. Engaging with the spectre of inequality in international law turns out to be much less daunting than failing to do so.
{"title":"The law of the global economy and the spectre of inequality","authors":"I. Venzke","doi":"10.1093/LRIL/LRAB005","DOIUrl":"https://doi.org/10.1093/LRIL/LRAB005","url":null,"abstract":"\u0000 Drawing on my inaugural lecture, I argue that the spectre of inequality haunts international law. The presence of the spectre first of all draws attention to what is rotten in the global economic order: how the law of the global economy has contributed to high levels of inequality while, at the same time, abdicating responsibility for it. Second, like all spectres, international law’s spectre of inequality is animated by a spirit, the spirit of social justice. It points to forsaken paths, lost memories and conjures up past possibilities that were not realized. Third, the spectre endures unless we give in and break with current repetitions. It directs those in search of progressive change towards productive contradictions within global order. Those contradictions are indeed carriers of hope. They offer reason to believe that the future is open. Engaging with the spectre of inequality in international law turns out to be much less daunting than failing to do so.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41687110","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 questions the use of international human rights law in realising social transformation. It studies the new United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, drawing on the commodity-form theory of law. Through this lens, foregrounding the relationship between capitalism and law and their shared constituent form, the contradiction in what is at times a radical normative project in international human rights law is revealed. With the unintended consequences of human rights lawyering made visible, this work turns to the means through which the advocate can launch a potentially transformative ‘legal’ strategy. An exploration of two seminal modes of reconciliation follows: reconciling the use of international human rights law with a commitment to social transformation and reconciling the post-capitalist politics of progressive lawyers with their use of the law.
{"title":"The radical ideation of peasants, the ‘pseudo-radicalism’ of international human rights law, and the revolutionary lawyer","authors":"M. Salomon","doi":"10.1093/LRIL/LRAA024","DOIUrl":"https://doi.org/10.1093/LRIL/LRAA024","url":null,"abstract":"This article questions the use of international human rights law in realising social transformation. It studies the new United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, drawing on the commodity-form theory of law. Through this lens, foregrounding the relationship between capitalism and law and their shared constituent form, the contradiction in what is at times a radical normative project in international human rights law is revealed. With the unintended consequences of human rights lawyering made visible, this work turns to the means through which the advocate can launch a potentially transformative ‘legal’ strategy. An exploration of two seminal modes of reconciliation follows: reconciling the use of international human rights law with a commitment to social transformation and reconciling the post-capitalist politics of progressive lawyers with their use of the law.","PeriodicalId":43782,"journal":{"name":"London Review of International Law","volume":"8 1","pages":"425-456"},"PeriodicalIF":0.5,"publicationDate":"2021-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47745122","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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