Human Rights

Research-to-Policy Transitions in International Economic Law

Conventional approaches view researchers as detached observers who can objectively analyse and explain the world, and policymakers as mobilising evidence to inform decisions. This paradigm can translate into institutionalised arrangements for linking research to policy. The UNCITRAL Working Group and the Academic Forum on ISDS provide one example, whereby scholars supply legal and empirical analysis for the Working Group’s deliberations.

The Regional Comprehensive Economic Partnership (RCEP): A Dilemma for People and Human Rights in the Global South?

The current century's threat to communities, including climate change and vast and deepening inequalities, may be aggravated by the Agreement. By limiting the power of governments to govern in the interests of the community and the environment, and bolstering a regulatory framework intended to advance the interest of multi-national corporations and only the wealthiest people, trade and investment agreements deepen issues of human rights. The RCEP may, as a consequence, advertently exclude marginalised groups, including women, indigenous peoples, migrants and essentially those without any capital or political power. 

The Law of Global Value Chains as Transmission Nodes for Global Inequality

The COVID-19 pandemic has exposed the weaknesses of the current patterns of production and consumption, exemplified by GVCs and the global trade and investment order in which they operate. These fragilities have resulted in the aforementioned social, economic and financial crises but what they represent most of all, is a crisis of responsibility in which powerful actors, state and private, that have been the main beneficiaries of GVCs, have failed to discharge their ethical and normative obligations to those most vulnerable within their production and supply chains. To this end, a new approach is sorely needed to address the vulnerabilities of a global economy built on fragile GVC governance that serves as new nodes of global inequality and precarity.

International Law and Decolonisation in Africa: 60 Years Later

I propose that it is our current and future battles that will determine the meaning and impact of decolonisation in Africa and beyond. As things stand now, the dead are certainly not safe. Let me elaborate on this claim drawing from Professor Taylor’s work: his piece draws from the classics of Third Worldist Marxism and dependency theory to provide a sober account of Africa’s nominally post-colonial present.

Where are all the T-Shaped International Lawyers?: Thoughts on Critical Teaching from a Practitioner’s Perspective

Traditional international law (IL) teaching and research has reached an inflection point (TRILA Report, 24).  Content-wise it has long been monopolised by the usual suspects: sources of law, treaties, statehood, territory, jurisdiction and specific values such as universality and equality among states. The most conservative IL scholars will smirk at the thought of alternative ‘transnational’ or ‘Third World’ approaches to IL. To be fair to them, lawyers are fond of compartmentalising. We have those that do private law, public law, human rights, international economic law, law and development, business and human rights law, health law, dispute resolution law, to name a few. Yet as the current pandemic is showing this type of boxed thinking cannot provide the tools for meaningful teaching and research about today’s legal conundrums. We live in an uncertain world in which one issue can raise a myriad of legal problems that straddle multiple fields of law.

Comment by Dr. C. Elaiyaraya on Antarnihita Mishra & Aman Kumar's Essay - South Asian University: Towards a ‘South-Asian’ Approach to International Law

It is my humble opinion that the current syllabus does not represent either the vision of South Asian University nor the Universal human welfare oriented understanding of Jurisprudence. Kindly do not treat it as a complaint it is an opportunity exercised by a fellow academician in discharging the human cum intellectual social responsibility. Especially, for the benefit of present and future generations of student fraternity.

Teaching and Researching International Law in Vietnam: An Assessment Based on Ho Chi Minh City University of Law’s Experience

he curriculum of law schools was standardized and based on the framework curriculum introduced by the Ministry of Education. Under the framework curriculum, law subjects are divided into compulsory and elective. The compulsory subjects are targeted at the basic laws, which are an unavoidable component of the legal education in Vietnam. Under the framework curriculum, both public international law and private international law are compulsory subjects. For this reason, law schools are obliged to make these courses available to their students, and students have to take and pass the subjects as a pre-requisite for the successful completion of their legal education.

The Post-Soviet Central Asia and International Law: Practice, Research and Teaching

The Central Asian States should learn to rely on international law, more proactively and consistently, as a tool for advancing their lawful interests, and for maintaining regional and international peace and security. Kazakhstan’s recent membership in the UN Security Council (2017-2018) was an excellent occasion to promote respect for international law at the regional level. Other recent examples of such reliance include the adoption of a Convention on the Legal Status of the Caspian Sea in 2018, or an ongoing reform of criminal law and procedure in Uzbekistan.