AbstractThis article empirically explores whether critique is part of the practice of international law by drawing from citation practices and interviews with actors of international
courts and tribunals. It argues that critique is immanent to practice as part of international law’s unending, hermeneutic, and transformative engagement with human [...]
AbstractChristine de Pizan’s Book of the Deeds of Arms (ca 1410) constitutes an insightful attempt to integrate law and military strategy in a way that shows the hybridity
of both domains. Her work both defends the role of neutral legal ‘experts’ and unveils the affinities between legal expertise and strategic military thinking. [...]
AbstractIn response to calls for greater alignment between the peacebuilding and human rights pillars of the United Nations, this article considers what role the Universal
Periodic Review might play in supporting the implementation of peace agreements, particularly the human rights components contained within them. [...]
AbstractUsing the categories of normal and abnormal, James Lorimer’s The Institutes of the Law of Nations subjectivised the native as the abnormal in international relations,
denying recognition of their independent communities and providing justification for their perpetual subjugation. [...]
AbstractPersecution, a core concept of the 1951 Refugee Convention’s definition of ‘refugee’, is generally thought to entail both serious harm and a failure of State
protection. The predominant view in refugee law is that the harm a refugee fears will take place within their country of origin. [...]
AbstractFinancial crimes were recently recognized by the Conseil d’État, France’s supreme administrative court, as ‘serious non-political crimes’ for the purposes
of exclusion under article 1F(b) of the Refugee Convention. Such an extension of the scope of article 1F(b) raises questions regarding the seriousness threshold of [...]
AbstractIn this article, I argue that caste was a central factor in the development of British international legal thought in the subcontinent. Specifically, I contend that
British international legal thought entrenched caste hegemony into the broader racial civilisation hierarchy of international law in the nineteenth century. [...]
AbstractThe cornerstone of international refugee law is the principle of non-refoulement, which protects refugees, asylum seekers, and other persons with protection needs from
being returned against their will to a place where they risk facing persecution or other fundamental rights violations. [...]