Transformative constitutionalism is a somewhat fuzzy notion. Reflecting about its exact meaning, one wonders what it actually is that distinguishes transformative constitutions of other types of constitutions. On the surface, the qualification as transformative signifies that a constitution contains norms that describe a particular aim or status to be reached. In the German context, one might for example think of Article 3 2 of the Grundgesetz requiring the state to …. Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content.
In this post I introduce a different understanding of authoritarian constitutionalism. For Mark Tushnet, authoritarian constitutionalism is an intermediate normative model between liberal constitutionalism and authoritarianism that …. While scholarship in comparative constitutional law is booming, this anniversary conference is an unusual event in at least two ways: It is asking particularly about the role of the Global South in comparative constitutional law, and it does so with a group of speakers that is mixed, if not dominated by voices from the Global South.
This conference is meant to be not just a reflection of current …. We will accompany this conference with an online symposium also featured on the blog of the International Association of Constitutional Law. The symposium is not only intended to make the conference …. More than one year after the dead body of the Italian Ph.
The circumstances of his death cast a shadow of suspicion over potential involvement of either Egyptian police forces or secret services in the killing. Egyptian authorities initially denied any allegations, consistently maintaining unconvincing accounts. The digital era has changed the traditional realm and modus operandi of organised crime, such as human trafficking. With the increasing access to and usage of the internet, major criminal activity has expanded to the online sphere.
Law enforcement around the world is however largely not prepared for combatting cybercrime. Many states have not yet reached the capacity of drafting cyber specific legislation. In Africa for example, only 11 states …. Die letzte Rakete ist am The Michigan Guidelines are a document in which legal scholars summarize the existing international laws of refugee protection on one particular aspect.
They are used by courts interpreting the law and thus stand themselves at the threshold of the legal. At any rate the guidelines can frame debates about the legality of state actions in …. Sie werden von Gerichten zur Auslegung des Rechts herangezogen und stehen so selbst an der Schwelle zum Rechtlichen. Sie tragen die wesentlichen Rechtsvorschriften zusammen …. Michel diesen Punkt subkutan, aber auch explizit, thematisiert.
Mit der Argumentationsfigur vom gemeinsamen kulturellen Erbe der Menschheit werden solche Forderungen oftmals …. The case of Piero Foresti, Laura de Carli and others v. Notwithstanding this observation, the …. International cultural heritage law is a vast and complex field of research which involves many actors, as the previous contribution by Adrianna Michel shows.
In response, we would like to give a couple of thoughts on two of the issues raised by the author: If the number of female judges in an international tribunal is one out of twenty-one, as in the case of the International Tribunal for the Law of the Sea ITLOS , we can assume that there is a problem. But, as Nienke Grossman also explains here, because women are just as qualified to serve as ….
Although both approaches, the human rights and a more gender-focused feminist one, may have the same goal this is a tricky and crucial distinction to be made. However, any critique of International Courts would be limited without a critical analysis of their output, the all important judgment! Instead of performing the usual academic critique of where the judgment was lacking in ….
While the International Criminal Court ICC has always been subject to criticism and is maybe currently facing its biggest crisis with member states withdrawing, the things that are actually going quite well must not be forgotten. It is time to reexamine the ICC from a different perspective: Her scholarship offers statistics about the numbers of women judges, their development over the last years and the respective distribution along nationalities; it examines causes for the exclusion of women, and discusses reasons for claiming a more equal composition of benches. While directly concerned with the representation of women in ….
In the upcoming days, we are very glad to host a symposium on feminist critiques of international courts. Where to begin when introducing this topic? There is much to say about the particular role of international courts for international law, and equally much about the role of feminist perspectives for international law. Courts are not just institutions, in which a decision is rendered about the interpretation of law in a ….
As to the US claims on the violation of the Nuclear Deal, reached …. In der Nacht vom 6. Syrien bestreitet allerdings den Einsatz …. I could not be happier that this book symposium turned out to be a forum for such wide-ranging and critical commentary about targeted killing. All contributors offer nuanced readings of my book while extending the analysis in several significant directions.
In appreciation of both these aspects I want to use this opportunity for a brief response to describe the scope of the book — drawing on the contributors reading of …. Im Gegensatz zu seinem amerikanischen Amtskollegen gilt …. With these disclosures, the apparently extra-legal killing of bin Laden took on a second life as a hyper-legal killing; a killing authorised by precedent and legal …. When the US Pentagon confirmed the use and deployment of depleted uranium munition in Syria, an armed conflict having by far exceeded the level of a civil war, on the 16th of February , it did not take long for public outcry to follow.
What actually is depleted …. On a clear November morning in , Hussein Abayat, a senior official in the Fatah faction Tanzim, was killed by a hellfire anti-tank missile fired from an Israeli helicopter. When the incident was announced later that day, instead of the regular official denial of any direct involvement by Israel in the attack, the Israeli defense minister went on live radio, openly boasting that the IDF did it. Introduction On 14 March the CJEU upheld the banning of the visible display of any political, philosophical or religious sign in the workplace.
As a future consequence, European companies may introduce certain rules to prohibit other religious, political and philosophical symbols. The cases involved two female employees in France and in Belgium, who were dismissed for refusing to remove their headscarves which covered their hair and neck, but …. Offering a meticulous account of history and practice, the book highlights the law and politics of protection in the dispute on killing to protect. Both the descriptive accuracy and normative implications of this position have been challenged.
One of the difficulties of trespassing disciplinary …. The case has set Israeli public debate ablaze for almost a year now, and was widely reported abroad. As a video released by the human rights group Betselem revealed, Abd Al Fatah A-Sharif was wounded and lying, face down, when Azaria approached and shot a bullet through his head.
A-Sharif had stabbed an …. Markus Gunneflo is a postdoctoral researcher and lecturer in public international law at Lund University in Sweden. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …. The Nuremberg trial often stands as a nostalgic memory in the minds of international criminal lawyers. Two principal questions guide the reader through the book: Can history be judged, and if so, by what means? And can accountability mechanisms and the applicable law ever be neutral given their historically influenced evolution? Priemel questions the success of Nuremberg, given its selective focus on only certain parts of ….
Februars nach …. A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions. These instruments are paving the way for the future development of international agreements and play an …. The authors and editors of the special issue on sovereign debt restructuring are highly grateful to the contributors to this symposium on sovereign debt for their thought-provoking contributions.
As I have highlighted in my initial post, this special issue is as much about improving the current practice of sovereign debt restructuring as it is about legal engineering — in this case, about instigating incremental progressive development in a crucial policy …. This post continues the earlier part I. As the 19 January deadline approached, without Jammeh showing any inclination to resign, the crisis deepened. In keeping with the timetable foreseen in the Gambian constitution, …. The crisis had started to unfold …. Millions of dollars worth of smuggled elephant ivory intercepted by customs officers each year, shipping containers filled with hundreds of tonnes of illegally traded pangolin scales and kiln-dried geckoes, forests plundered for high-end timber species, rampant criminality in the fisheries sector, and the illegal disposal of hazardous waste across borders: Staying of enforcement plays a topical role in sovereign debt litigation as enforcing a debt claim may have a negative impact on the dynamics of restructuring processes and the regular functioning of financial markets for sovereign debt.
As a response to this problem, in January the United Nations Conference …. In the context of domestic insolvency laws, this evaluation is made possible and enforceable through detailed priority structures designed to favor certain creditor groups over other. When the debtor is sovereign, however, creditor priorities are only …. Events of historic proportions often feel anti-climactic. The exchange was not purely voluntary, since the majority of bonds were subjected to Greek law and an amendment made the offer compulsory for ….
The Point of Departure Regionalism continues to increasingly develop in various fields of law. Abdoulaye Soma, who acknowledges the birth of an African international criminal law, analyses one of its specificities: Anyone interested in legal issues surrounding sovereign debt should pay careful attention to the last special edition of the Yale Journal of International Law in which a framework is set forth to ensure the progressive development of orderly sovereign debt restructurings SDRs.
The sovereign debt crises in the Eurozone, in Argentina, or in Ukraine have highlighted that the current international legal regime on sovereign debt is ill equipped to resolve the bankruptcy of nation states. Yet, when it comes to possible reforms, policy-makers and experts have been divided over two opposing solutions: A contractual one, which favors contractual clauses enabling a majority of the creditors of a sovereign bond to restructure it, ….
But the picture across the continent is more complex. While some African states have clearly rejected the Court, the majority remain members. More fundamentally — what is the best way of studying international criminal justice and its effects …. Fulda geht auf Parallelen und Unterschiede ein, vergleicht …. Die UN und das Prinzip der kollektiven Sicherheit sind aus der heutigen Weltpolitik nicht mehr wegzudenken. Dort wurden sie Koine Eirene griech.: Allgemeiner Frieden oder Amphiktyonie genannt.
Ist unser heutiges globales Friedenssystem nur eine Kopie der Antike? Im Jahre feierten wir 70 Jahre Vereinte …. Since October , the German Historical Museum has been dealing with the past and presence of German colonialism in a special exhibition see here — for the first time ever. But German colonialism is not only a dusty artefact exposed in some German museum.
Instead, it continues to haunt the German State in the form of claims for reparations by the descendants of the victims of colonial injustices. Kein Wunder, dass Verfechter der Menschenrechte zuweilen die …. November begann in Paris wie ein ganz normaler Tag und endete in Blut und Schrecken: He takes issue with the legal nature of the referrals, in which he finds the legitimation of a double standard of international justice in the Rome Statute. He also sees a double standard in the referrals themselves.
That is, the referrals under Article 13 b are …. The Council has done so for the first time in in the case of the atrocities committed in the brutal civil war in Darfur, Sudan. That referral resulted inter alia in two open arrest warrants …. The digital revolution is hitting the shores of academic publishing. Online resources increasingly gain ground, and open access has become the call of the day — and a hotly debated issue.
Political and academic initiatives favor and fund open access, for instance the digital strategy of the German Ministry of Education and Research or the Open Access initiative of the Max Planck society. For its advocates, open access promises …. It could seem a bit obvious to start with this overwhelming event, but it is truly important to stress that the recent results of the US elections will have far reaching consequences in many fields of international law, including the one that this post is dealing with: Indeed, one of the foreseeable developments ….
Schon seit dem Urteil Klass gg. Have you ever paid for surveillance measures? Not indirectly through taxes, rather directly? And have you ever installed the measures in your home? If you think that this is an absurd question, do read this blog post. It relates to four trends I would like to point out to you: In this short piece I will argue that international law, in order to gain access to its revolutionary potential, needs to create a new linguistic opening. This linguistic opening needs to be located within the expression as opposed to content of international law. In this sense this piece is not situated on the continuum of the existing international law and literature studies.
It also develops an argument different from widely …. Latin America is a peculiar region in relation to protection through asylum. However, among the Arab states, only Egypt and Yemen have signed the Geneva Convention of on the status of refugees. While nation states in the West have long offered the possibility of full citizenship to immigrants and refugees, it is surprising that the …. Since the s, the southern border of the United States — spanning miles of international border between the United States and Mexico — has been the site of significant migration from Central America.
Over one million Central American refugees crossed into the United States from the late s to the early s to escape civil wars in Guatemala and El Salvador, while thousands more went to Canada, Mexico, Costa …. Migration recently has been discussed in a very negative context. As Europe and the US moved towards right, we have to rethink human mobility and push for informed debates. Terminology used to describe migration and refugees is old, out dated and problematic.
They were largely designed for the Cold War era and for a special category of people. The Geneva Convention had set the ground rules for treating refugees. This is surprising, given the vital importance of land, a finite resource, for a variety of human rights. These include access to life-sustaining resources, such as food and water, as well as other means to ensure an adequate standard of living as codified in Art. Lawyers and political scientists from Germany, India and Brazil will reflect on the global scramble for land in local contexts.
Land as such is a rather localized phenomenon, but land governance matters in much wider political, economic, social and ecological contexts: Control over land has always been …. This summer he spent some days at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg for a conference on the implementation of judgments of the regional human rights courts.
We had the opportunity to meet him and discuss about new …. He was sentenced to nine years of imprisonment — the lowest sentence imposed by the ICC thus far. The complaints lodged by three same-sex couples concern the inability of same-sex couples to register for marriage under Russian legislation and the lack of other means of giving legal status to the relationship of same-sex couples, as marriage is the only legally recognised union in ….
Intellectual Property Laws across the world is intended to provide incentives to creators, authors, innovators and businesses by granting them monopoly rights usually for a limited period. Those rights would reward their efforts, help recoup their investments and profit from their contributions to society.
However, due to inconsistencies and loopholes in law coupled with the ineffectiveness or challenges in enforcement, society suffers from certain monopolistic, controversial and certain unfair trade …. Not only does the securization of borders in one place shift responsibility for refugees to other states.
He was referring to the situation in Europe and particularly in Germany, where after the successive closure of the Balkan route and the agreement between the EU and Turkey in March as …. Nach der Krise ist vor der Krise. All the three distinguished authors have looked at the multifaceted problem of legal formalization of the OSCE from various angles andhave provided rather helpful reflections on the current state of affairs.
This contribution deals with the issue in a broader political context. Should the OSCE finally be endowed with legal personality? I have a hard time positioning myself in the debate. Obviously, I understand the argument — brought forward at the conference on the legal framework of the OSCE mostly by practitioners working at the organization, but also by Niels Blokker see the introductory post , — that legal personality would make work at the organization much easier.
Menschenrechte in China - Die Arbeit Der Ngos (German Edition)
It is quite apparent that …. While before the Ukraine crisis the OSCE may have laid relatively dormant, the events in Ukraine allowed the organization to reclaim its position as a pan-European security forum. However, in the absence …. Despite its name, the OSCE is not an international organization in the public international law sense and lacks international legal personality. One of the main consequences in practice is that OSCE personnel sent abroad ….
Elif Askin picked a current, important, and yet rarely discussed issue for her insightful post and offered a compelling perspective on human rights law and arms transfers. By transferring arms to regions where the human rights situation is precarious, Germany risks to contribute to human rights violations, as Elif has highlighted.
I will use this opportunity to take up the example of Germany and look at how the human rights situation …. Strong reservations arguing that these weapons might end up in the wrong hands and likely be used to commit human rights violations were voiced, especially considering …. The factual background is as follows: Whether surrogacy is ethical or not is subject to lively debate.
But so far, it is the prerogative of each sovereign state to decide whether to allow or forbid in its territory the provision of surrogacy treatments, according to its own national values. Furthermore, conflicts associated with natural resources are more likely to relapse into violence within the first five years of a peace agreement.
Fortunately, an increasing number of peace processes and related agreements include natural resource provisions on a direct or indirect basis. For these and other reasons, resource-sensitive mediation and dispute resolution is becoming an …. The Promise of Peace Mediation Navigating norms in peace mediation is possible through understanding what mediation can or cannot achieve. This means determining whether it is indeed the best option for third-party intervention in a given context.
Mediators have limited power. They can facilitate, cajole or encourage the parties, but they have …. A reply to Christian Tietje Attempts to conceptualize the foundations of and crucial questions around investment arbitration are most welcome, as the field gains not only public attention, but also increasing importance for investors as well as receivers.
Christian Tietje, claiming in the title that investor-state arbitration is a part of the international rule of law and, therefore, a mechanism for upholding it, touches on what may surely be called …. Investor-state arbitration is not only the most heated topic discussed in international economic law, but it also has become an important political issue more generally. Indeed, it is amazing to see how a topic that, some years ago, interested only a handful of international economic lawyers and very few academics has emerged today as an issue on which everybody has an opinion.
Moreover, there seems to be only one direction …. But the name is a misnomer. In most legal systems these days, most disputes and conflicts are settled or resolved in some way short of a formal trial — through an ombuds a person who works for the government or for private industry by …. Today, a vast array of treaties exists, both multilateral and bilateral. They regulate almost every aspect of human interaction and cover such diverse fields as the environment, trade, outer-space, human rights, organized crime and terrorism. For example, over multilateral treaties are deposited with the UN Secretary General alone and more than bilateral investment treaties exist.
The majority of these treaties are concerned with standard setting, that is, the …. We take this opportunity to reply to both posts and to reflect on some further themes coming out of the ICON-S panels that dealt with the megaregionals. In a post of 13 June to this blog, the authors addressed the financial crisis of the Inter-American Commission on Human Rights, characterized it as a result of state dissatisfaction, and portrayed it as an opportunity to reimagine the role of member states and the organs of the Inter-American Human Rights System the Commission and the Court.
I agree with the authors that the financial crisis goes beyond the issue …. Global international economic relations have been constantly evolving since the institutionalization of the GATT. The majority of African countries signed into the World Trade Organization in , whether because of a desire to join the multilateral trading system, or as a condition of loans from the IMF and World Bank during the heyday of the Washington Consensus.
The multilateral trading system has been quite efficient in mitigating the hitherto …. I am grateful for the opportunity to participate in this symposium and would like to congratulate the MegaReg team on their efforts to draw attention to a fascinating series of developments in international law, and the authors of the working papers on providing thoughtful commentaries to form the basis of these analyses.
Stewart draw out some common themes relating to the …. The future structure of international economic law, and more specifically, the rise of megaregional trade deals like TTIP …. First, he presents what he calls the advocatus diaboli opinion that all statehood requirements territory, population, government are fulfilled. Second, he explains the meaning of recognition as a requirement for the formation of a state.
And third, he sets forth the legitimacy argument by concluding that because of the lack of the rule of law, the …. The so-called Islamic State has triggered a wave of commentary ever since it emerged as one of the leading military groups in Syria and further captured vast parts of Iraqi territory in mid What seems to have received only little attention this far is its legal characterization. Three key themes are developed. Each of them gives rise to diverging interpretations as …. The planned criminal law chamber stirs academics as much as practitioners because of its not yet defined relationship to the International Criminal Court ICC.
The new chambers could either be upstream or equally ranked with …. The Protocol foresees the creation of an integrated African Court of Justice and Human Rights featuring a human rights chamber, a general affairs chamber and a criminal law chamber that has jurisdiction over natural …. These involve stories about stateless persons, for whom their state of residence decided to buy citizenship of another state, stories about the merchandising of passports for a global elite, and stories of a man who decided ….
A response to Birgit Peters.
Peters emphasizes what she understands as a shift from traditional regulatory approaches that frame the Arctic as a common heritage and common concern, focused on prohibition, to an integrated approach focusing on sustainability. Peters in this respect discusses the role of …. Climate change in the Arctic Climate change, in particular global warming, is an inevitable fact. Nonetheless, it will hit different regions of the world differently. Of all regions, the area most affected by future temperature change is the Arctic. This is the part of the global north, which is situated above 66,3 degrees latitude.
Here, differences in temperatures are predicted to rise at least 3 degrees Celsius compared to the …. The international legal order finds itself in turmoil. The crises in Ukraine and Syria, the questioning of the authority of the ECtHR, the opposition against the ICC by African states and the rise of global terrorism can all be interpreted as crisis symptoms justifying the need for a re- assessment of the current state and future of International Law.
The illness caused by this virus is very rarely fatal, and it causes mild symptoms: The last quarter of century registered the resurgence of infectious diseases, that the medical community deemed to have defeated with the global vaccination campaign. The global health governance …. In theater, the peak of a play in which all strings of the story converge and the intrigue is resolved, is called the climax. Regional integration in Africa has been regarded as a necessary step towards accelerated development on the continent. The belief is that greater gains would be made if states pooled their resources together rather than act individually.
Despite elaborate regional goals and objectives, regional institutions in Africa have not been effective in facilitating development, for two major reasons. First, they have significant capacity deficits, especially considering the weakness of their members …. During the Ebola-crisis , states have widely ignored the measures recommended by the World Health Organization WHO and have interfered in the fight against the disease. After the first appearances of the Ebola epidemic in December , the disease spread wide and fast, exceeding any previous Ebola epidemic with regard to incidence and prevalence and was declared a pandemic by WHO.
Before , the outbreaks of this highly infectious disease were locally restricted and primarily situated in rural areas. The latest outbreak of this epidemic, however, expanded to the urban population as well as across borders. The recent Ebola crisis that shook West Arica, exceeded any previous Ebola epidemic and later was declared a pandemic by the WHO not only stretched local health care systems, but also revealed deep structural deficiencies in the international response to health issues of such a scale.
The outbreak of this virus that crossed boarders easily and cost the lives of so many people raises fundamental questions regarding the actors and …. I am grateful to all participants of this symposium for their thoughtful and generous commentaries. The strange truth about book-writing, which I suppose all experienced hands know and I discovered as a first-time author , is the void that follows once the manuscript is finished. The book then disappears into the publishing process, and gradually snakes on to the desks and reading lists of other scholars. The author might wait months ….
The choice of the subject-matter alone shows that Ranganathan puts legal concepts into political context. She outlines the inherent limits of international law which cannot prevent states from creating new treaties to undermine existing commitments. However, international law may constrain policy-makers by steering them towards legal …. Some years ago, I published a slender book on the topic of treaty conflict. Zooming in on the treaty relations of member states of the EU, I found that international law had little to say about treaty conflicts involving different parties. If party A has incompatible treaty obligations with states B and C, then it just has to make a choice or, as a German scholar and later EU judge ….
Let me start with a confession: This assessment, however, reveals more about myself and how I would approach the topic than it does …. International legal scholarship tends to address the political substrate of international law in one of two extreme modes: Maximilian Oehl started his text spelling out the abbreviation ….
Law Clinics kannte man einst nur aus dem US-amerikanischen Rechtskreis. A response to Maximilian Oehl In his thoughtful post, Maximilian Oehl placed TTIP into the wider context of the world trade system and discussed some of the critical questions surrounding the negotiations. While there is certainly no fault in the portrayal of events and facts presented, it may only be one view of the cathedral. Let me add a slightly different one. The present Turkish military interventions in Syria and northern Iraq continue to raise the question of when States may use defensive force against armed non- State actors in other States.
It is one of the ongoing and legally disputed actions of multiple, state and non-state, actors involved in the Syrian conflict. This post analyses the international legal implications of the ensuing military action by Turkey, especially the meaning of ius …. Nevertheless, political leaders are determined to follow through with the undertaking ….
Representative democracy is the most widespread political system in the world today. At the same time, in a number of countries, democratic institutions and guarantees are subject to erosion with severe consequences for the respective population. This means, for example, that state …. In this contribution, I look at the first state-led prior consultations which were implemented in the Peruvian Amazon. In contrast to other studies this will not …. Portmann is right in pointing out that direct effect is crucial. This phenomenon is linked to a continuous process of internationalisation of legal relationships with host states.
But indeed neither the very nature of that process nor that of their rights are well …. We invite authors to discuss important new publications from the German-speaking community in English language to make them accessible to a wider …. The start page has a new look, posts can now be illustrated with images, and boxes link directly to symposia …. One highly problematic aspect of the new statute is that it aims to disable the Court from using …. I will take up his analysis and develop it further in order to provide a complementary perspective.
Es ist bei Weitem kein Novum zu behaupten, dass die Konfliktstrukturen des So wurde am Die Kommentare waren wohlwollend, aber sie haben die Finger in einige Wunden gelegt. Ich werde in meiner Erwiderung die Nachfragen zuspitzen und versuchen, jede auf einen systematischen Punkt zu bringen. Their accounts illustrate the diversity of work within the field of international law and offer personal insights into the practice of international law.
My name is Francesca Caonero. The JPO is a programme …. Communicating between the spheres of research and practice So, how do you actually select what you are researching? Obviously, personal motivation is a key factor in this process not least because you will need considerable motivation to sustain yourself while writing an entire book or series of papers.
Neglecting this aspect for the moment, we turn our attention to another key trigger for research question selection and the focus of …. Schnell verbreitete sich auf der Konferenz die Nachricht von den verheerenden Folgen der Naturkatastrophe. Mehrere Tausend Menschen waren gestorben, Millionen waren obdachlos geworden.
Yeb Sano, Delegierter der Philippinen, forderte die Weltgemeinschaft in einer bewegenden Rede dazu auf, den Stillstand in den Klimaverhandlungen zu …. The Convention today is ratified by 22 countries worldwide, 15 of them in …. Staatstheorie in der Bundesrepublik, Frankfurt am Main zumindest …. On 22 October , the Court of Justice of the European Union issued its first ever ruling on the digital currency known as Bitcoin. The terrorist attacks of 13 November have violently confronted France as much as its European neighbours with exceptional security challenges.
By killing more than people in less than 30 minutes in the heart of Paris, the jihadist group ISIS or Daesh, the Arabic acronym for the Islamic State of Iraq and the Levant has demonstrated its operational capacity to hit European States in an extraordinary ferocious way. It has been almost six weeks since the ECJ handed down its groundbreaking Schrems judgment. This post reflects upon the institutional practices and scholarly discussion following the judgment. It refrained from setting a grace period.
As the judgment concerns many large companies, one …. A realistic view on the capacity of social labelling Among the most important forms of private initiatives for the protection and promotion of labour standards are social labelling schemes implemented by NGOs. Social labelling schemes have been spreading rapidly since the s and the academic debate has grown along with it. The controversial question …. In their posts, Tonia Novitz and Patrick Abel mention the idea of enhancing the procedural role for individuals in labour disputes as a means to foster the enforcement of labour provisions in international trade agreements.
In this post, I will enquire whether individuals should be given an opportunity to pursue their claims in an individual complaints procedure for labour matters in the context of free trade agreements FTAs , rather than …. Deciding international disputes solely on the basis of law while excluding economic and political aspects of power, at least to a large extent, is a concept which can suit arguments between powerful and less powerful states.
From this perspective, US free trade agreements are an interesting research topic. The EU and US trade-labour linkage Although the debate on linking labour rights and trade has a long history, the topic has become more prominent than ever in the last couple of years. Concerns expressed about the trade-labour linkage in the case of Colombia and debates about the protection of labour rights in the Transatlantic Trade and Investment Partnership TTIP are topical examples.
While both the EU and the US …. However, labour standards rarely receive protection in trade instruments per se. Deficient working conditions are still creating immense human suffering, generating injustice and threatening stability. Amongst the initiatives taken to assist it in its mandate, the ILO has produced an impressive number of conventions, protocols and recommendations …. What is often referred to as the largest free trade agreement in history is actually far more than that: This is one way of redressing past wrongs.
Just one way, which is why I have to oppose the notion that it is an alternative to claims for reparation. The one might not even be …. Es liegt an den afrikanischen Staaten, die …. Irrespective of the dispute about the proper theory of customary international law a settled methodology for ascertaining the existence of a rule of customary international law is …. The native peoples inhabiting the area, the Herero and the Nama, resisted to the German presence on and expropriation of their lands. As a reaction, the Germans launched a war of extermination during the ….
Es setzt jedoch zumindest eine grundlegende staatlich garantierte Kommunikationsinfrastruktur voraus. Legal Anthropological Experience in the Field of Indigenous Peoples Contemporary manifestations of neo-colonialism in the form of liberal market fundamentalism have facilitated the expansion of multinational corporations and foreign investment. As a consequence of influential farming and forestry industries as well as extractive operations, indigenous peoples around the world have been dispossessed of their land, territories and natural resources.
Resulting from long-lasting negotiations the UN Declaration on the Rights of …. This post appeared first on Critical Legal Thinking. Communism was not only in the rising. How can we make sense of popular struggles in this period of late capitalist modernity? International Investment Law IIL has always been a battleground of competing paradigms and imaginations of economic world order. While it carries the promise of welfare through global competition for some, others associate it with Northern or capitalist hegemony.
Today, however, the old battles between North and South over the rules of global investment are considered history. With the spread of Western style bilateral investment treaties BIT around the globe, the …. In my paper for the legal sociology conference in Berlin, I argue that the right to development, though a non-legally binding declaration, is indirectly implemented in the Indian legal system through case law — a process which I interpret as a juridification of the right to development for the term juridification see Blichner and Molander In this post, I argue that traditional legal conceptualisations of norm conflicts do not capture the phenomenon that International Relations IR scholars are interested in.
I propose an alternative definition, which links norm conflicts to political contestation. The number of international treaties registered with the UN approximates What are the odds of all these treaties being consistent? Infinitesimally small, one might think. As a result, even IR scholars — traditionally …. Conference Report When do domestic legislators legislate because of international law? When do national parliaments act as opposition in international law? More generally, how can the complex interplay between domestic legislatures and international law be analysed from different perspectives normative and empirical?
The conference was held at the Law Faculty of the University …. A reply to Pedro Villarreal Pedro Villareal wonders whether and how global health security can be enhanced through international law. He raises two interrelated questions: Should there be sanctions against states that exceed the security measures recommended by the WHO? Should they be ….
The 68th World Health Assembly took place from 18 to 26 May, In this forum, there were calls for institutional reform in light of the belated response to the Ebola crisis in West Africa. It also perfectly captures the basics of working in …. This rejoinder aims at resolving some apparent misunderstandings about both the object and the thrust of my critique. My aim is to once again highlight the dangers inherent in the overuse of the prevalent concept of proportionality balancing in …. In my view, however, her perception overburdens proportionality balancing with assumptions and expectations that do not reflect its character.
I will first lay out the understanding of proportionality which this comment relies on, before then discussing the arguments brought forth by …. Since the publication of the Fragmentation Report by the International Law Commission, international legal scholars and practitioners alike seem to be less concerned about the theoretical questions raised by the fragmentation debate.
Proportionality balancing is one of these tools of …. This is the second part of a fictional conversation with Immanuel Kant and Georg Friedrich von Martens. Von Martens, much as he respected Kant, was critical …. This fictional conversation will bring together two persons of outstanding importance for science in the late 18th and early 19th century who never met face-to-face.
The former revolutionised philosophy through his critical method, the latter paved the way for the modern discipline of international law. Doch was kann in der Praxis getan werden? However, there is little systematic research on the interrelation between global environmental change and migration as well as between environmental migration and violent conflict. Natural disasters have always in human history triggered population movements. Mobility is indeed a traditional coping mechanism for populations confronted with changes in their living environment.
Scientific evidence and projections of the impacts of climate change on the environment however suggest that the phenomenon will increase in the coming years and decades, affecting primarily developing countries and vulnerable populations. Over the years, displacement linked to natural hazards has emerged as one of his central academic interests. April diesen Jahres feierte er seinen She pertinently notes that these efforts suffer from an incumbency bias, favoring already established regimes over potential political change, especially in states where no open democratic culture exists.
I find her argument by and large convincing and would like to focus on one specific aspect: Democracy and Africa are two words that rarely appear in the same sentence. If they do, the sentences are usually framed in exhortatory or aspirational terms rather than as statements of facts. Yet even though free and fair elections are still far from being the habitual way of obtaining and transferring political power in Africa, the African Union AU has developed an impressive array of instruments that seek to nurture …. Indeed, law as development has become a mantra of development discourse deeply entrechened in the programming of the multilateral financial institutions, international development agencies, and civil society organizations, so much so that rule of law promotion has, to an extent, become synonymous with development policy itself.
Yet, behind the celebratory chorus of legal scholars-turned-development experts …. The paper revisits the relevant case law of the ECtHR on extraterritoriality and invites us to consider that similar concerns may arise in the context of environmental protection as well. As its analysis demonstrates, …. However, this does not relieve Contracting Parties from their responsibility for consequences taking place outside their territorial jurisdiction. The contemporary human rights discourse has approached the jurisdiction doctrine with consistent but cautious evolution. Russland II und Ukraine gg.
Testing proportionality appears to be a thoroughly theorized method for legal problems of all kinds. Accordingly, Advocates General and courts have begun to rely more often on proportionality in powers cases, recently for instance in the OMT-case …. A power struggle is ongoing in the East African Community — a struggle for legislative power. Pedro Villarreal — 22 October, Topics in this article: Ralph Janik — 15 October, Cameron Miles — 12 October, Philipp Eschenhagen — 10 October, Vishaka Ramesh — 8 October, Mark Somos — Tom Sparks — 5 October, Pallavi Arora — 1 October, Free Trade , International Economic Law.
Edward Maroncha — 26 September, Alast Najafi — 26 September, Comparative constitutional law , Human Rights. Call for Contributions Event. Evelien Campfens — 24 September, Lena Riemer — 19 September, Felicitas Qualmann — 14 September, Matthias Goldmann — 12 September, Democracy , global justice , Globalization , International Legal Scholarship.
Ruwen Fritsche — 10 September, Sophie Starrenburg — 5 September, Sebastian Spitra — 3 September, Raffaela Kunz — 27 August, Carsten Schenke — 18 August, Biodiversity , Human Rights. Dana Schmalz — 15 August, Edward Maroncha — 13 August, Vishesh Bhatia — 9 August, Business and Human Rights Symposium.
Daniel Augenstein — 3 August, Anna Petrig — Maria Stemmler — 1 August, Janne Mende — 30 July, Human Rights , International Economic Law. Nina Reiners — 27 July, For this aim, human rights lawmaking needs to listen to more voices than just the ones of the powerful states and the human rights movement needs to include more actors than it did in the past to tackle questions of fair distribution: Clarissa Valli Buttow — 25 July, Karsten Nowrot — 23 July, Isabel Daum — 20 July, David Bilchitz — 18 July, Mala Loth — 17 July, Law and Development Symposium.
Florian Hoffmann — 17 July, Celine Tan — 16 July, Elizabeth Bakibinga-Gaswaga — 13 July, Development Cooperation , global justice , Global South , Rule of law. Wouter Vandenhole — 12 July, Development , global justice. Thomas Dollmaier — 12 July, Christos Kypraios — 29 June, European Union , International Organisations , Law of treaties.
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Wojciech Lewandowski — 27 June, Leonhard Kreuzer — 20 June, Sabine Witting — 14 June, Africa , Cyber , Human Rights. Boris Burghardt — 11 June, Romy Klimke — 8 June, Romy Klimke — 4 June, Felicia Stephan — 28 May, Silvia Steininger — Tom Sparks — 2 May, Global South , International Legal Theory.
Michael Riegner — 27 April, Lukas Kleinert — 20 April, Reparations , State immunity. Harsh Mahaseth — 13 April, Pedro Villarreal — 6 April, Alexander Gorski — 26 March, Silvia Steininger — 14 March, Suhr — 12 March, Felix Behnke — 7 March, Emilia Roig — 6 March, Adam Weiss — 2 March, Dana Schmalz — 28 February, Cengiz Barskanmaz — 26 February, Intersectionality , Law and Society , Race. Souheir Edelbi — 21 February, Mouhamadou Ndiaye — 16 February, Doris Liebscher — 14 February, Carola Lingaas — 12 February, Suhr — 12 February, Hartig — 7 February, Alexander Kloth — 5 February, Russian Perspectives on International Law Symposium.
Christian Marxsen — 31 January, Law and Society , Russia. Stefanie Lemke — 29 January, Selen Kazan — 26 January, Polina Baigarova — 24 January, Elena Cirkovic — 22 January, Michael Riegner — 19 January, Tero Lundstedt — 19 January, Julien Berger — 17 January, Dmytro Koval — Valentin J. Schatz — 15 January, Schatz — 12 January, Schatz — 10 January, Robin Caballero — 8 January, Maria Issaeva — 5 January, Manuela Niehaus — 27 December, Saeed Bagheri — 22 December, Kanad Bagchi — Lovish Garg — 13 December, Khashayar Biria — 11 December, Hartig — 8 December, Gender , Methodology , Norm Conflicts.
Frauke Renz — 4 December, Frowein — 1 December, Geoffrey Juchs — 27 November, She is the author of Fortschritt und Vernunft: Yale University Press, , and the author of Kant and Cosmopolitanism: Cambridge University Press, From a historical perspective, determining what the title of the conference should be seems fairly easy. This panel therefore explores two cases where the relationship between justice and peace appeared and appears particularly fraught.
The other takes us to the present, and discusses why the attempt to install a US-European order which was both reasonably just and reasonably peaceful after the Cold War order appears to have met neither of its goals. Accepting a peaceful coexistence among the various Christian denominations was widely considered impossible in early modern Europe, since all groups asserted exclusive claims to religious truth. Successful pacifications were thus generally preceded by a long series of abortive attempts at religious settlement. Long is the list of unsuccessful colloquies, councils, and meetings.
When agreements concerning mutual coexistence were finally made, they were often the result of exhaustion and breathed the air of resignation since they meant abandoning the idea of a unified Christendom. Nevertheless, the warring parties did make attempts to end strife and sought to break free of defamation and destruction. A major means to achieve this was to reformulate religious issues in the language of law. Questions of religious truth were excluded from public debate. She has published widely on the history of historiography in the 19th century and on many aspects of early modern European History.
Her current research is especially focused on early modern Lutheranism and its relationship to the concepts and practices of politics in the 16th and 17th centuries. My lecture will examine, first, the rise and falls of post-war models of order in the s and early s, and the neo-conservative response to them. It will then, secondly, look at the antineoconservative critique which developed in reaction. This was accompanied by an expectation that the EU was much better placed to meet the world economic crisis.
Now, two years later, these hopes have evaporated under the pressure of events. The third and main part of my lecture will therefore look at the confluence of crises in which, much more than the spectacular eruption of , have put the whole idea of an US-European order in doubt: His publications include Unfinest Hour: The panel deals with conflicting priorities in universalist and particularist approaches to justice and peace.
While both justice and peace are considered to be universal concepts, they are often viewed as ideals to be achieved rather than as existing realities. Politicians, jurists and scholars attempt to define them in concrete contexts and to translate them into tangible terms in political agreements and legal texts. On the level of local actors, these terms are then once again appropriated, commented, rephrased and transformed. Two scholars who have done longterm research in Africa discuss these processes and their manifold dynamics: Most contemporary political debates presuppose the secular as the basis for normative order, primarily for European and North American politics, but also for global norms.
The religious is often seen as the counterpoint to or intrusion into the secular. This is particularly true of religions other than Christianity, especially Islam. Conversely, I foreground the relationship between tensions in Christian ethics and tensions in normative orders on issues of peace and justice. She teaches and writes on international relations, organisation and law, religion and ethics, social movements and civil society, and humanitarianism. Together with the Berne Convention it established the norms of copyright protection that every nation must endeavor to respect in its national legislation.
This paper deals with the musicians and intends to show how people in day to day life, according to their gender, wealth and power, respond to the will of the state and the international development agencies to grant right and justice. His areas of research include media, history, oral tradition, and local knowledge in sub-Saharan Africa, specifically in Mali. Nobody denies that International Law should contribute to justice and peace, that a just world order will also be a requirement for a global state of peace.
Although the law plays a prominent role in the development of international organisations and international regulations of a globalised world, one can observe that International Law is also becoming more and more fragmented. Different authorities claim direct or indirect legislative power, legal regulations differ from one area to another, private actors and states cooperate or litigate against each other, soft law regulations and intergovernmental agreements are more influential than legally binding norms with courts and sanctions.
The panel will address some of the problems resulting from the ambivalent state of international law: Is a fragmented and pluralistic law perhaps a better tool for ensuring global justice and peace? Or can global justice only be realised within a constitutional framework? Does constitutionalisation make conflicts more or less probable or is it a tool for resolving conflicts? This contribution deals with the paradoxical relationship between the two main strands of theories on the current status of international law.
On the one hand, the international dis order seems to fragment into different issue areas, with different actors and different standards or even different legal subjects, from investment law to human rights law. We will see that fragmentation and constitutionalisation, as responses to globalisation, may well represent two sides of the same coin. In International Law both a categorical prohibition of unjustified use of force or other coercive means and constitutional principles transferred from the domestic realm into norms between states coexist. The paper addresses whether or not this coexistence is paradoxical and the shapes assumed by conflicts between both sets of norms.
Having worked at the universities of Bremen and Muenster, he was appointed a professor for Public Law at Frankfurt in His fields of research include the theory of public International Law, human rights as well. Within the last decade or so, a new concept has made its presence felt in the world of legal scholarship: The term has been adopted by a significant number of scholars in a variety of contexts and using different methodologies.
But behind these differences, there appears to be a common claim. This is to me a puzzling notion.
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In my presentation, I will offer some sceptical reflections on the nature and utility of this novel concept. Christoph Menke The traditional nation state is no longer the only sovereign and supreme legislator. In the era of globalisation other legal actors play a more and more important role: International and supranational organizations like the EU are sometimes empowered to make valid law or they influence the lawmaking of national legislators.
Governments regulate many issues by intergovernmental agreements that have an indeterminate legal status.
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Private actors like multinational companies or NGOs are active in different processes of law making or they set their own rules and create normative orders by self-commitment. As a consequence the law becomes pluralised with regard to the different de-territorialized agencies and actors of legislation and jurisdiction and with regard to different kinds of normativity like, e.
Is the fact of such a legal pluralism a challenge to traditional concepts of a unified law, is it a problem which has to be solved, is it an exaggerated description — or is it a new kind of order which we should promote because its advantages outweigh its disadvantages? The center of his work is in the fields: Political and Legal Philosophy; Aesthetics. Anthropologists and historians have generally framed the study of legal pluralism in descriptive terms.
Accordingly, they have catalogued both the inevitable hybridity that arises when two legal or quasi-legal systems occupy the same social space and the resulting strategic interactions that occur among actors in navigating the multiple regimes. As a descriptive enterprise, legal pluralism is relatively uncontroversial. After all, even the most die-hard sovereigntist would likely acknowledge that sub-, supra-, or non-state normative systems do impose real constraints that have real impacts.
More controversial is the idea that legal pluralism might be a normatively desirable approach to the design of legal systems. As a normative project, legal pluralism can be seen to support two different strategies. First, what we might call substantive legal pluralism seeks a sort of multicultural accommodation of alternative norms, at least in certain delineated spheres. Second, a more proceduralist vision of legal pluralism aims to design procedural mechanisms, institutions, and discursive practices that seek to manage, without eliminating, pluralism, without making a priori substantive decisions regarding when deference to alternative norms is appropriate and when it is not.
Moreover, I argue that such a proceduralist version of legal pluralism, unlike the substantive version, need not commit one to a program of inevitable deference even to illiberal norms. Nevertheless, this proceduralist approach, precisely because it refuses to engage with some of the most contentious substantive political battles over when deference is appropriate and when it is impossible, may be distrusted or rejected by those on both sides of the pluralism debate who want more substantive normative certainty.
He joined GW Law in , bringing experience as both an academic administrator and as a renowned teacher and scholar. Among his many accomplishments Dean Berman exponentially increased programmatic offerings and pathways for students while significantly raising the national and international profile of the school. Berman is the author of numerous books and scholarly journal articles. His most recent book, Global Legal Pluralism: Should legal pluralism be regarded as a challenge, in particular for a legal theory which still presupposes a unified and coherent concept of law?
Or should it be defended because of normative reasons which claim that a plurality of legal orders and a plurality of different kinds of normative orders is advantageous compared to the traditional concept of law? In my presentation, I shall take legal pluralism as a normative project and ask for some of its consequences. In particular I shall focus on possible changes in the structure of legality which might emerge from pluralism, e.
The plurality of normative orders and in particular the plurality of legal orders is by no way a new development. In the past it was the normal condition of human societies. Different actors and institutions had different degrees of a power of legislation and jurisdiction within one and the same society. Between different territories, groups and areas of legislation and jurisdiction complex processes of exchange and transfer took place. It is an example where a lot of research has been done.
But we still know very little about legal pluralism and the transfer of normative orders in Eastern Europe and Russia. The contemporary legal history searches for new models and terminologies in order to grasp the transfer of codes of law, principles of law, institutions, legal terminology or cultural habits of executioners of law.
Here it is going to be reported on a project on south-east Europe to regarding the transfer of normative orders constitutional law, civil law, criminal law in former provinces of the Ottoman empire that have now become young nation states such as Greece, Romania, Bulgaria, Bosnia, Serbia, and Albania. Honorary doctorates from Lund, Toulouse, Padua, Helsinki and member of numerous academies. I then focus on the issue of personal dignity at different sites in the legal system. Princeton University Press, , pb ; Russian Empire: Space, People, Power, , eds.
Legal Culture in the Countryside, Bloomington: Indiana University Press, ; Imperial Russia: New Histories for the Empire, edited with David L. Russian Views of Bolshevism, New York: Oxford University Press, ; paperback, Theories of modern legal pluralism are variants of two discourses which have begun decades ago. The first is legal pluralism within a state.
The second paradigm of pluralism is global began after the Second World war with models of transnational trade law. Later, concepts of that kind were projected to other ages and areas, mostly taking the 19th century as a starting point. The two lectures will deal with domestic and global pluralism separately. In both, specialized knowledge of particular normative environments plays a decisive role. His research interests are in the fields of international relations theory, international security, and the theory of foreign policy in general and German foreign policy in particular.
International Encyclopedia of Political Science, London: Sage Publication ; Ed. Crisis and Chance in the Atlantic Order, Ithaca: Cornell University Press , ; Ed. The discourse of legal pluralism is becoming ubiquitous. Not only has it been revived with respect to new quasi- federal regional political formations like the European Union, it is also being invoked to account for transformed relations among legal orders created by the morphing of international organizations into global governance institutions. Much ink has been spilled over whether a constitutionalist or pluralist discourse best suits these transformations and whether the black box of state sovereignty has been so penetrated by external, supranational jurisdictions or international regimes, humanitarian and human rights law , that the very concept of sovereignty has become an anachronism.
Indeed it has now arisen in the context of long consolidated western, constitutional-democratic states. This paper will focus on the form of legal pluralism that delegates or shares state jurisdictional power with religious authorities particularly in the domain of personal law. I will discuss new uses of this discourse focusing on the US case, although status group legal pluralism has become a contentious issue around the globe.
I will address the question of what is the potential impact of status based legal pluralism on citizenship, political equality and sovereignty. It is important to distinguish among types of legal pluralism and I will do so in this paper. I will also examine, whether and in what respects personal status based legal pluralism poses a threat to threat to the achievements of modern democratic constitutionalism, individual human rights and republican political principles.
Singer Professor of Political Thought.
Ethics, Law, and the Responsibility to Protect
She specializes in contemporary political and legal theory, continental political thought, contemporary civilization, critical theory, and international political theory. She works on civil society, sovereignty, human rights, gender, and the law. She is the author of numerous books and articles including Class and Civil Society: She has published over 50 articles in journals such as Constellations, Ethics and International Affairs, Philosophy and Social Criticism, Social Research, Political Theory, Telos, Thesis 11, and in numerous law reviews in addition to chapters in edited books.
Legal scholars often suggest public and administrative law as a key remedy for the legitimacy problems of international governance. This idea has a long pedigree. In this lecture I discuss whether law can be as instrumental in democratizing global governance as it was in de-politicizing it.
He has published widely on transnational governance, international organizations and the theory of international relations. Legal pluralism is seen to be the answer to conflicts between norms of an overarching character with claims to supremacy on the one hand and norms of a more restricted personal and territorial scope on the other. Thus, efforts to implement legal frameworks for an economy that transgresses frontiers confront needs and ambitions of political, cultural or other origin in particular environments with competing claims to priority.
The two lectures of Panel IV will focus on the examples of the European Union and the spread of universal intellectual property protection. Both can be understood as reflections as to whether co-ordination deserves more attention as a technique than concept of normative hierarchies to resolve such tensions. His working fields have been public international law, EU law, and federalism.
In the present critical state of the European Union the law appears overburdened by the functions it has been expected to fulfil. This is true with regard to the legalisation of monetary policy, the responses to the quest for social justice and now also in debates on nuclear energy. His research deals with the Europeanization of private and economic law, transnational risk regulation governance structures. In he obtained an honorary doctorate from the University Freiburg i.
Intellectual property IP laws are a modern phenomenon. Patent and copyright acts only date back to the 17th and 18th century. Nowadays, IP rights are recognized in at least countries.
This surprisingly quick, global spread of IP legislation was facilitated by a number of legal transfers. First, doctrines and narratives of justification developed for real property were applied to inventions and works of art. Second, the patent and copyright systems of Western Europe, already backed up by property theory, were transplanted to the rest of the world during colonialism. Third, counter-reactions of newly independent developing countries were settled by promising yet another type of IP protection, this time for traditional knowledge.
He studied and received his doctorate in Freiburg After the second state exam and working as a lawyer in Berlin he was a Research Fellow and Head of U. His research deals with the basic structures of justification and dysfunctions of the international system of intellectual property. The subject of the conference concerns recent developments of normative orders in general and legal orders in particular: The fact that in the area of globalisation our traditional image of an integrated normative order within a nationstate on one territory which can be identified by its borders becomes more and more obsolete.
International and transnational norms emerge and influence or determine national law, different kinds of norms govern people on the local as well as on the global level and different actors of normativity are active beyond territorial borders. The fact of legal pluralism reveals the other fact that law is and always was an integral part of cultures — and the plurality of cultures determines in a certain way the pluralisation of law as well as conflicts about the law and the different processes of exchange and transfer between different normative orders.
It is also obvious that the fact of legal pluralism has a long historical continuity — and it might be that a unified and centralized national law and legal code was an exception and not the normal condition of modern societies. Fact, Fiction, Forecast, Norm? Efforts on the Ground-Level Chair: Einige seiner wichtigsten Publikationen sind: Bringing Sociology to International Relations.
Global Environmental Politics, Journal of Common Market Studies, , S1: International Theory, , 4: Perspektiven des demokratischen Regierens und die Rolle der Politikwissenschaft im Seine Forschungsschwerpunkte liegen in den Bereichen Theorie der internationalen Beziehungen, insbes. Her areas of expertise cover international crimes, armed conflicts, and global justice. Her doctoral research, at the European University Institute, underlined transformations and circulations of expertise and practices over the management of violent conflict in African countries across sectors of intervention in the North development; humanitarian action; rule of law reforms.
Her current research focuses on the expansion of the field of global justice and the transformation of political legitimacy at the international and domestic level, by studying both the professional trajectories of lawyers and other professionals operating within the International Criminal Court, and processes of diffusion of international criminal norms and transformation of fields of power within post-conflict settings on the African continent Burundi, DRC, Uganda.
She has published in leading journals in Europe on the role of the law, the expansion of global justice, and the global management of violent conflict, including as co-coordinator of special issues on war crimes of the French journal Actes de la recherche en sciences sociales, with Ron Levi and John Hagan forthcoming.
Er hatte Gastprofessuren an der St. Louis University und an der University of Washington, Seattle inne. Welche Faktoren dabei im Spiel waren, ist immer wieder kontrovers diskutiert worden. Diese Fragen und der Forschungsansatz, auf dem sie beruhen, sollen in diesem Vortrag kritisch beleuchtet werden. Zwei Positionen lassen sich ausmachen. Kulturelle und politische Transformationen in der islamischen Welt, islamischer Feminismus, Herausforderungen der multiplen Moderne.
Brill, ; Geschlechtergerechtigkeit durch Demokratisierung? At present we can only conjecture what conflicts with respect to the justice of a global normative order will be triggered by the predicted changes in the global climate, if we think of distribution conflicts over increasingly scarce resources in the seriously affected regions and social and cultural struggles that could be triggered once the predicted mass migrations to the more favorable climatic zones begin. Katharina Michaelowa Katharina Michaelowa Ph. Her research focuses on the areas policies and politics in developing countries, international development cooperation, and international climate policy, and led to over 70 publications including several books, and articles in journals such as Public Choice, the Journal of the Royal Statistical Society, World Development, the Review of International Organizations and Climatic Change.
What Lies behind the Pro-Poor Rhetoric? Values, Poverty, and Policy He co-edited with Christopher J. After completing her Ph. Her first book, A Theory of Unborn Life: Currently, she is working on her second book on intergenerational justice and climate change. Milan Kuhli, geboren , ist seit Wissenschaftlicher Mitarbeiter im Exzellenzcluster. Nach dem Studium der Rechtswissenschaft 1. Springer , S. Trotz dieser Aufmerksamkeit ist die Frage, welche Auswirkungen diese Dauerkrise auf den Wertehaushalt der politischen Akteure und auf die sich daraus ergebenden Handlungsimperative hatte, bislang nicht untersucht worden.
Diese Frage ist der Ausgangspunkt eines Forschungsprojekts, dessen Konzeptionierung im Zentrum des Vortrags stehen wird. Das Internet ist kein rechtsfreier Raum: Die wirtschaftlichen, sozialen und politischen Auswirkungen des Internets fokussieren das Interesse der Staaten der Welt auf dessen Regulierung und wecken normative Begehrlichkeiten.
Dezember , Abstract Wie organisiert ein Staat handwerkliche Produktion? Eine klassische Antwort darauf gibt Qiu Jun im China des Technology in China Brill, Inzwischen mehren sich jedoch auch die kritischen Stimmen. Michelle Everson Birkbeck University of London:. Abstract It is a commonplace that the discipline of economics contributed to crisis, above all, as economic methodologies contributed to the fatal inflation of debt risk.
But what might be said of the role of law within this constellation? Much ink has been consumed detailing legal shortcomings within historical regulatory regimes for the financial services. However, a full accounting has yet to be made of the broader fault which may also be attributed to the premises of modern and increasingly post-national law, especially as they coalesce with a broader abdication of political responsibility for crisis. This lecture undertakes this accounting, investigating in legal theory particular, the processes whereby law has transformed itself into an economic technology within postnational regimes.
Pre-empting the politics within which social and economic stability might be defi ned and achieved, an economic technology of law has also survived crisis. Still seeking its own material legitimacy in the flattened pursuit of universal welfare gain within the optimized allocative effi ciency of new economic liberalisms, law has also emerged as one of the progenitors of crisis yet to come. Cavendish deploying a wide range of critical legal methodologies. Abstract Seit dem Ende des Jahrhunderts haben sich Tendenzen zur Verrechtlichung und zur Informalisierung der internationalen Beziehungen meistens die Waage gehalten.
Nur selten kommt es zur Verrechtlichung informeller Interaktionsformen. Seit ist er Mitarbeiter von Prof. Staatsexamen und einem LL. Aber auch andere Themen leisten zur neuen Konjunktur dieses rechtswissenschaftlichen Klassikers ihren Beitrag. Rechtsgeschichte — Legal History 20 Abstract The vast majority of societies around the world have, over the past 30 years, become increasingly multiethnic and multicultural; this development raises serious questions regarding the legal techniques available for managing social cohesion.
The contribution will be organised around three practical questions. The first question relates to the setting of cultural diversity: The second question examines the origin of cultural diversity, that is to say the factors that have given rise to cultural diversity in the setting under scrutiny. The third question focuses on the interaction itself between law and cultural differences, and seeks to unravel the methods, solutions and processes utilized in each context in order to resolve disputes over culture and cultural differences.
Ultimately, the purpose is to describe and examine how, in various settings, State legal institutions and practices, case law and legal experience treat cultural diversity: And to draw empirically based conclusions from the comparison of different experiences with accommodation of diversity within the State legal framework. She has held various visiting professorships both within and outside Europe.
In the field of anthropology of law, her research focuses on cultural diversity and legal practice, with special interest in the application of Islamic family law in Europe, and more recently in the accommodation of cultural and religious diversity under State law. She is also an honorary member of the Brussels bar. In she received the Francqui Prize, the most distinguished scientific award in the humanities in Belgium.
Vormoderne und Moderne scheinen hier noch musterhaft geschieden. Mode bedeutet daher stets die potenzielle Selbstaufhebung ihrer Maximen. In der Situation treffen die Struktur und der Akteur aufeinander. Je nach Situation wird etwa in den internationalen Beziehungen Recht mobilisiert oder gemieden, es werden allgemeine oder exklusive Ordnungen ausgerufen.
Diese sollen mit besonderem Blick auf die normativen Akteure in diesem Panel einer kritischen Sichtung unterzogen werden. Und wer definiert in diesen Prozessen das Gemeinschaftsinteresse? Am Beispiel der Rollen von Staaten, dem Privatsektor und der Zivilgesellschaft stellt dieses Panel eine wichtige Bestandsaufnahme des Internets als Medium und Gegenstand des Prozesses um die Herausbildung seiner normativen Ordnung dar.
Seine derzeitigen Forschungsschwerpunkte sind republikanische Demokratietheorie, Legitimations- und Akzeptanzforschung sowie Internet und Politik. Der Beitrag wird diese Entwicklung mit Beispielen belegen und ihre Auswirkungen auf das Internet und die Idee staatlichen Privatrechts problematisieren. Seither hat das Multi-Stakeholder-Verfahren eine enorme Aufwertung erfahren. Die These ist, dass diese Bedeutungen einem anhaltenden Aushandlungsprozess unterliegen. Verhandelt werden die relevanten Akteurskonstellationen und Verfahrensprinzipien von Multi-Stakeholder-Prozessen, aber auch deren Handlungskompetenzen und ihre Grenzen.
Ihre Forschungsinteressen richten sich auf die Regulierung des Internets und den Wandel des Urheberrechts. Auf internationaler Ebene hat sie zwischen und , zeitweilig als Mitglied der deutschen Delegation, am UN-Weltgipfel zur Informationsgesellschaft mitgewirkt und beteiligt sich seit am Internet Governance Forum. Secularism and religion stand in a tense and ambivalent relationship to each other. This pertains both to the empirically observable reality of the political and cultural discourses in which norms and the scope of action are negotiated by social actors, as well as to scholarly debates.
In non-western societies, too, questions regarding the significance of religion have been linked to conceptions of state and society as well as to debates on the rights of marginalized groups. Since the Weberian paradigm of a necessarily secular modernity has been called into question, we have been discussing the validity claims of religion within the framework of the postsecularist thesis.
However, doubts have been raised as to whether the paradigm offers a satisfactory framework for understanding current dynamics, particularly in non-European societies. Between and she was visiting professor at Yale University, the Universities of Mainz, Frankfurt and Trier, and was visiting fellow at the University of Chicago. Her research foci are the transformation of normative orders, especially in predominantly Muslim societies as well as in post-conflict areas; the debate over secularism vs. Jocelyne Cesari Harvard University. Nevertheless, the question remains: How can these practices be included within the IR research agenda?
This remains a challenge that has been taken up by only a few scholars Sandal and Fox. A case in point is the gap between current scholarly work on secularism that still insists on some kind of differentiation, separation or neutrality between religion and politics and the socio-political reality of the relations between state and religion that is far from exemplifying this theoretical ideal. Her research focuses on religion and international politics, Islam and globalization, Islam and secularism, immigration, and religious pluralism.
Her new book, The Islamic Awakening: She has also recently published: She coordinates two major web resources on Islam and politics: Islamopedia Online and Euro-Islam. Secularization theory asserted this demise of religion constituted a general cultural trend. Instead, religions have once again drawn public attention worldwide.
This is evident in the debates on genetic engineering and on the capabilities of the neurosciences to create individuals lacking the subjectivity that is constitutive of human life and freedom. His most recent publications are: In contrast to the early post-colonial period, no Muslim politician openly defends the idea of a secular state anymore. Governmental Islamic bureaucracies have systematically rationalized the adminis-tration of an anti-pluralistic, yet widely popular brand of Sharia Law.
I will argue that we are presently witnessing a decidedly anti-secular pop-Islamist — rather than a post-Islamist — turn in Southeast Asia, while the region may have never been substantially secularized in the first place. He obtained his PhD summa cum laude in Frankfurt in He is now working on a book project on socio-legal change in the Islamic monarchy of Brunei Darussalam, and presently holds a visiting fellowship at the University of Brunei Darussalam UBD.
Siebte internationale Jahreskonferenz des Exzellenzclusters "Die Herausbildung normativer Ordnungen". Rainer Forst und Prof. Die Verrechtlichung der Welt und ihre Kritiker. Michelle Everson Birkbeck University of London: Crisis past and crisis yet to come: Soziale Regeln und Recht der Mode.
Die Entstabilisierung von Erwartungen durch die Verweigerung von Recht. Der Schutz des Internets im Gemeinschaftsinteresse: Privatisierung und Automatisierung der Rechtsdurchsetzung im Internet. Jocelyne Cesari Harvard University: Revisiting the Dominant Concepts of Secularism.
Secularization — the Return of Religions — Postsecularism. Remarks on the Conceptual Landscape. But when it comes to the EU, there is massive disagreement as to what its standards of fairness, justice, and solidarity entail when it comes to solving financial or other crises. This panel thus asks: What are the justificatory standards by which we should measure EU policies, and how do we ground them? How should the EU be understood as a polity, and what principles of social justice—or solidarity—does it encompass?
His work in moral and political philosophy focuses on questions of practical reason, justice and toleration; his major publications are Contexts of Justice Suhrkamp , Univ. He is a member of the Berlin-Brandenburg Academy of Sciences, Associate Editor of Ethics, a member of the Executive Editorial Committee of Political Theory and serves on the boards of numerous other international journals. His habilitation in was followed by appointments to professorships at the EUI Florence and at the universities of Rostock and Zurich, which he declined. His most important publications include: The sense of ppropriateness, ; Portuguese translation and Schuld und kommunikative Freiheit Abstract In order to suggest a grounded normative assessment of Europe as a context of justice, I characterize the European context as a demoicracy in the making, that is a Union of peoples who govern together but not as one.
In such a polity, we must avoid two pitfalls. The second is to fall in the mimetic fallacy which considers the EU as a polity akin to a state-writ-large with similar habits and rationale available to underpin the kind of socio-economic justice advocated by John Rawls. Instead, they can serve as contested referents in a variety of localized democratic debates over the ends we deem desirable in the wielding of political power.
Finally, we need to consider the extent to which the choice that is made to belong to the EU or the Eurozone is effectively constrained to different degrees for different actors, and therefore deserves to be treated at least partially in the same way as the kind of nonvoluntary membership we fi nd in classic states which leads to redistributive obligations. In , she was a member of the Gonzales refl ection group on the future of Europe set up by the European Council.
She has published widely on international relations, global governance, trade ethics, law and democracy promotion, as well as the internal and external aspects of European integration in numerous journals including Foreign Affairs, Foreign Policy, The Journal of Common Market Studies, Journal of European Public Policy and International Organization.
Her last books are Echoes of Empire: More information — including publications — can be found on her website: Abstract From its beginnings, the European Union has been both an aspirational political project and an economic project. But the relation between political values and economic processes has not always been clear. In the architecture of the Eurozone, prices and dignity are intertwined in complex ways: Human dignity became the plaything of the forces of markets that put the material precondition for a life in dignity at risk. Therefore, we need to reconsider the place and role of prices, and of the institutions that can secure human dignity, in our societies.
To put it provocatively: Prices have a distinctive function in markets where they are supposed to signal scarcities and to bring about an effi cient allocation, including an effi cient allocation of risks. They cannot do so unless the risks of bankruptcy or defaults are carried by investors rather than the general public.
This perspective also sheds light on how to defi ne the proper place of markets in the Eurozone — not from the perspective of property rights or economic liberties alone, but from a functional perspective, as conducive to a dignifi ed life of all citizens. She studied philosophy, economics, politics and modern history at Munich and Oxford. Her research interests lie at the intersection of philosophy and economics, including the history of economic and political thought and normative questions about economic institutions and economic phenomena. Currently, she focuses on ethics in organizations and normative questions about the fi nancial system.
For Europe unites divergent vertical, horizontal or diagonal; national, supranational or transnational modes of governance, which need to be focused in detail for their qualifi cation as just or unjust e. In my eyes, different justificatory challenges and potentials be they in degree or in kind come into play when we look e. With regard to the latter, the European legal order becomes more and more important, especially when the Member States wield extraterritorial powers via the mutual recognition principle think of the European Arrest Warrant.
For these extraterritorial powers, which are facilitated by, but not per se rooted in the EU, need checks and balances. And these checks and balances are in turn provided for by European constitutional law like the Charter of Fundamental Rights , which thus becomes a justificatory standard for the national administration of criminal justice. Previously, he was visiting professor at the Ludwig Maximilians University Munich. He received his Dr. He also holds an LL. More information — including publications — can be found on his website: Shortly after the collapsing financial markets had been rescued but the global economy had plunged into recession, the Eurozone became the center of economic turmoil.
The sovereign debt crisis of several member states Portugal, Ireland, Italy, Greece and Spain was answered with the provision of European and international public loans on a hitherto unseen scale, which at the same time attached strict conditions to the receiving states. These conditions primarily concerned the implementation of economic reforms aimed at regaining the trust of the financial markets and boosting the competitiveness of the respective economies.
Yet, as the recession worsened, the overall indebtedness of the states increased, and as the social fabric of the societies was on the point of rupturing specifi cally due to extreme levels of unemployment, especially among young people ever more actors began to oppose these prescribed reforms. After five months of fi erce negotiations with the so-called Troika, however, this government accepted a reform package that consists toa large extent of austerity measures.
This panel brings together contributions from economics, political economy and political theory that seek to explore the ongoing crisis tendencies of and within the Eurozone. From their respective viewpoints they ask how the framework of the EU and the specifi c nature of the Eurozone have contributed to these tendencies, as well as to the answers offered to the crisis; how the framework of economic governance within the Eurozone and the EU may have changed in the course of the crisis; and what prospects there are for dealing with the various dimensions of the crisis in the future.
Between and , she worked as a research associate with Professor Dr. Andreas von Hirsch focusing on the theory and ethics of criminal law. She gained legal experience as an intern with Freshfields Bruckhaus Deringer and management experience as coordinator of several research projects at Goethe University. CV Rainer Klump was born in in Darmstadt. In he was awarded the Heinz-Maier-Leibnitz-Prize in economic politics.
From until he held the Ludwig-Erhard endowed professorship and a position as chair of the department of economic politics at the University Ulm. Since January he is the president of Luxembourg University. Abstract We briefl y review various causes of the euro area crisis, examining in particular the flaws in the institutional framework of the European Monetary Union. Based on this analysis we will then provide an account of how the economic and financial adjustments need to be accompanied by institutional reforms and new forms of governance.
Moreover, the Single Market withstood the crisis as did monetary and financial infrastructures. Looking at Europe, reforms take time to display their positive effects. And they are only as good as they are implemented. There are many synergies between these unions. But, there is also a political economy problem behind these unions: Sequencing is easier politically allows to deal with legacy for instance but it takes more time which is not necessarily there, particularly in crisis times and in some cases it may even not be optimal according to us when there are two-ways interdependencies.
Packaging is a priori optimal but not always possible consumes political capital and reforms do not all take the same amount of time to be implemented. Prior to that he spent several years as an economist at the International Monetary Fund in Washington. His main area of research pertains to the transmission of monetary policy impulses, the effects of the euro on the functioning of EMU, the links between monetary policy and heterogeneity in the euro area, and the links between economic integration and institutional integration.
Abstract After the outbreak of the global economic crisis, extreme austerity policies prevailed in many parts of the developed capitalist world, especially in the European Union EU and the euro area EA. Austerity has been criticized as an irrational policy, which further deteriorates the economic crisis by creating a vicious cycle of falling effective demand, recession and overindebtedness.
The first aim of the present paper is to give an answer to this discrepancy. In other words, austerity is offered as alternative to economic instability. What is urgently needed is a progressive policy setting that overrides this unfortunate trade-off. The paper will address this issue mainly from the viewpoint of political economy.
He has also authored or co-authored some twelve scholarly books. His most recent books in English are Rethinking Imperialism. Demystifying Finance Routledge , co-authored with D. Abstract There is a widespread concern that European integration is more than ever a technocratic process which has lost its connection to the foundational dimension of democracy. In my talk, I will scrutinize these tendencies and ask to what extent they can be contextualized as postdemocratic.
In the light of the emerging austerity constitution, constituent power must be reframed as destituent power on the European level — a counter-power which aims at a re-negotiation of hegemonic structures. His research focuses on transnational constitutionalism and international political theory. His recent book Formwandel der Verfassung. Die postdemokratische Verfasstheit des Transnationalen transcript outlines a critical approach to the changing role of constitutionalism in world society.
A Critical Theory of Transnational Regimes. Creeping Managerialism and the Quest for a Destituent Power, in: Europe at a Crossroad. Nomos ; Formwandel des Konstitutionalismus. The EU has adopted its common currency without providing an institutional framework that would have been needed to absorb and buffer the damages the Euro has predictably caused.
The lecture will be in English, but the title remains in German because the shared root of the German words for guilt Schuld and debt Schulden mean that it cannot be translated satisfactorily into English. He earned his PhD Dr. Since he has been teaching at the Hertie School of Governance, a private professional school of public policy, where he held a chair of Political Sociology.
Previous positions include professorships at the Universities of Bielefeld and Bremen, where he has served as director of the Center of Social Policy Research. He was awarded an honorary degree by the Australian National University in His fi elds of research include democratic theory, transition studies, EU integration, and welfare state and labor market studies.
He has published numerous articles and book chapters in these fi elds, a selection of which is reprinted as Herausforderungen der Demokratie. Preuss , Reflections on America. Zum Artikel von Johann Szews: Er studierte Ethnologie, Philosophie und Rechtswissenschaft in Frankfurt und Leiden und promovierte als Stipendiat des Exzellenzclusters in Frankfurt Islam, Politics and Youth in Malaysia: CV Hartmut Kaelble geb.
Vergleichende Sozialgeschichte Europas im Der historische Vergleich auch chines. Europa auch japan. In der Kontroverse kamen zwei unterschiedliche Gerechtigkeitsvorstellungen zum Tragen. Transcript sowie Gender and Islam in Southeast Asia. Zum Panelbericht von Dr. The topic of this panel is one of political justice between states. This behaviour at times creates gaps between normative aspirations and political results which contribute to the volatility of acceptance of the EU both by its citizens and state actors. The participants on the panel will focus on questions of international political justice in the field of security politics, i.
Since at Goethe University Frankfurt. Constitutional law, public international law and EU law, with an emphasis on foreign relations powers, federalism, multi-level governance, human rights and theory of international law. Abstract Enlargement is considered one of the major successes of the European Union. As the cost of expansion has generally been expected to outweigh the benefits, why does the EU not just remain a club for the well off?
But the wave of enlargement to Central and East European states in the fi rst part of suggests that it is bolstered by a specifi c commitment to Europe. But the EU has turned membership into a question of a right for those belonging to a specifi c community. While making enlargement possible, this self-imposed duty also creates a particular challenge to the EU compared to other Western organisations such as for example to NATO. Enlargement may be an efficient means to resolve the fundamental problem of dominance and arbitrariness that is inherent in international politics, but it is only so within a certain scale.
At some point a continuous expansion risks creating its own problems of dominance at a global level as well as malfunctioning at the regional level. Ultimately, it presents the Union with the unresolved dilemma of fi nding legitimate ways to justify the drawing of its borders. Her research interests include the EU as an international actor, transatlantic relations, democracy and foreign policy and EU enlargement.
She holds a Ph. She is author of more than 60 academic publications, among them one singleauthored monograph, five edited and co-edited books, and four edited special issues. In she received the Anna Lindh Award for her contributions to research in the fi eld of European foreign and security policy. Her most relevant works regarding the topic of her lecture are: Europe in search of identity London: Abstract This contribution deviates from mainstream accounts of political justice in three ways.
His research focuses on disarmament issues, theories of democratic peace, great power relations, disarmament, arms control, and non-proliferation. Abstract The contributions offers an approach to the Greek crisis that does not focus on its economic dimensions, but rather on a constitutional concept that is in the core of contemporary European debates: Corruption, incoherent law formulation, and disproportionate delays in delivering justice suggest that Greece can be treated as a type of weak state within the EU.
Without an effective administrative and judicial system, however, able to guarantee that norms do not stay in the books but govern effectively social conduct, the normative quality of law is undermined. Two types of questions may rise from this observation. A closer look to the conditionality attached to the financial assistance offered to Greece indicates that the EU recognizes the problem and approaches Greece also as a state-building challenge. This dimension needs, however, to be strengthened and be explicitly treated as a rule-of-law problem.
He graduated with distinction from the University of Athens in and continued his studies, first in Heidelberg LL. After the completion of his doctoral studies, he has continued working and publishing on international economic law and EU law. Ioannidis is currently working on two major projects. The first is connected with the Eurozone crisis, the role of the IMF and the emergence of the new European economic governance, looking especially at how financial assistance conditionality is used at the international and the European level.
The second project entails applying a public law approach to the law of international treaties. Eine Anmeldung bis zum November ist erforderlich. How can a Demoicratic Polity be Just? Christoph Burchard Goethe University: How to Exit the Crisis: Reflections on the 4 Unions. Why Do We Need Them? Is there a Chance for the Welfare State? From the Constitutionalisation of Austerity to Destituent Power: Democratic Challenges in the Context of the Euro-Crisis. Hartmut Kaelble Humboldt University Berlin: Gerechtigkeit in der Einwanderungsgesellschaft.
Kerstin Weiand Goethe University: Ungleichheit als politisch-sozialer Sprengstoff? Stefan Kadelbach Goethe University. A Duty to Expand? International Political Justice in Europe: The Case of Greece. The current migration and refugee crisis is a case in point. In order to determine the responsibilities of states and other agents to offer solutions, guided by principles of justice or humanitarian moral considerations, we need a realistic picture of the sources and the many dimensions of the current crisis.
Abstract Political theorists and practitioners alike are discussing freedom of movement extensively and controversially. At the same time, we are still lacking profound empirical knowledge on that issue. Visa policies are the major instrument for regulating and controlling the global flow of people. They represent a form of exterritorialization of political control, which allows states to exercise it far beyond their own borders.
With increasing migration flows, it makes sense to assume that their function of filtering wanted and unwanted types of travellers has gained importance over time. On the basis of a large comparative data set we explore changing visa relations at the global level. We demonstrate the emergence of a global mobility divide, marked by increasing mobility for some people while others are immobilized. Moreover, we will look at the issue of reciprocity as a key principle of international relations.
We seek to answer the question under which conditions reciprocity in visa relations prevails and which countries are able to establish asymmetrical visa relationships to their own advantage. Recent publications are Inequality, Marketization and the Majority Class. Why did the European Middle Classes accept Neoliberalism? Selective Borders, Unequal Mobility.
Jens Steffek has published six books and some 50 journal articles and book chapters. Abstract A liberal political theory of labour migration faces a serious dilemma. It takes the inequality generating effects of international brain drain to be morally objectionable, but cannot directly restrict the movement or occupational choice of labour migrants as a solution. I argue that a plausible solution can be found by rethinking a basic tenet of liberal political theory. Namely, its ownership of talents thesis, according to which talents fall under self-ownership, but the benefits derived from the use of talents are legitimately owned against the background of fair cooperation.
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Rethinking fairness in labour migration on the basis of this radical view takes the following form. Labour migration is currently driven by the immigration policies of affl uent states, aiming to fix their demographic and professional shortages and to gain competitive advantage in the global knowledge economy.
It is yet unclear which normative ideas should guide a fair multilateral global governance of labor migration. I conclude that a well-designed international brain drain tax and other types of in-kind knowledge and skills transfer and service schemes constitute fair terms of labour migration. The function of these normative constraints is to render the gains morally justified, and thereby normatively reorder rightful ownership in the global economy.
Her research in social and political philosophy focuses on the problem of fairness in labour migration, on reconciling global equality of opportunity and collective self-determination, and on rethinking relational egalitarianism in practice. She is an organizing member of the Global Justice Network committed to bridging the gap between the theory and practice of global justice http: