Search results

Abstract only
Legal cartographies of migration and mobility: Ayelet Shachar in dialogue
Series: Critical Powers
Author: Ayelet Shachar

The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country’s territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states’ responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move.

Jean-Baptiste Merlin

As other chapters in this volume confirm, the role of international organisations in the formation and expression of rules of customary international law, as well as the extent of such a role, remains controversial in legal doctrine and practice. This chapter explores several aspects of the practice of the Secretariat of the United Nations as a specific example in an attempt to identify significant points that may inform the general debate on the issue. In so doing, it follows a practical approach based on the recent work of the International Law Commission

in International organisations, non-State actors, and the formation of customary international law
Taking the role of non-governmental organisations in customary international lawmaking seriously
Valentina Azarova

them as informal arbiters of the international legality of State and other actors’ actions. 2 It is no overstatement that non-governmental organisations have acted as de facto adjudicators and enforcers of international norms in the international and domestic arenas, both instigating respect for the law and progressing its development. The role of non-governmental organisations in the making of customary international law is, according to the International Law Commission, limited to their ability to ‘stimulate and record’ the acceptance by States and

in International organisations, non-State actors, and the formation of customary international law
Lorenzo Gasbarri

This chapter proposes a theoretical framework for the role of international organizations in the formation of customary international law that rejects their traditional conceptualization as double-faced entities. This debate, and the law of international organizations in general, is affected by the adoption of either a State-centric perspective or an organization-centric perspective. 1 Under the former, organizations are only forum for the development of the practice and the opinio juris of States; under the latter, the independence of the new entity

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Gender trouble in Siddiq Barmak’s Osama
Gabrielle Simm

Film is a widely accessible medium for communicating ideas about international law. 1 Popular culture, including film, influences law students, politicians charged with the responsibility of committing troops to war, soldiers, anti-war protesters and the general public on questions such as the legality of the use of force. Most writing at the intersection of international law and film is implicitly aimed at an audience of international lawyers. This may be because the field of film studies, emerging out of sociology, semiotics, psychoanalysis, literary and

in Cinematic perspectives on international law
Iris Müller

International humanitarian law 1 is a branch of international law whose core treaties enjoy wide support: in particular, the 1949 Geneva Conventions have been universally acceded to or ratified. 2 Significant numbers of States have also become parties to other international humanitarian law treaties, such as the 1977 Protocols Additional to the Geneva Conventions: Additional Protocol I, 3 relating to international armed conflicts, 4 and Additional Protocol II, 5 relating to non-international armed conflicts. 6 The continuing relevance of customary

in International organisations, non-State actors, and the formation of customary international law
Shaping custom
Kasey McCall-Smith

With the proliferation of international legal actors, each of whom has the potential to contribute to the creation of international law, it is timely to consider the influence of the United Nations human rights treaty bodies on the development of customary international law. These supervisory mechanisms warrant special attention as several of them enjoy an easily recognised status as the longest continual treaty supervisory mechanisms in the international legal system. 1 The significance of treaty bodies has, in fact, made such an impact on the international

in International organisations, non-State actors, and the formation of customary international law
Maruša T. Veber

It seems uncontested that international organisations 1 can contribute to the making of customary international law. 2 Interestingly, however, the attention of international legal scholars has mostly been drawn to the role international organisations play as forums for evidence of practice and opinio juris of States, 3 rather than their direct involvement as independent international legal persons. This chapter aims to fill the shortfall of international organisations-focused research. It seeks to demonstrate the increasingly important role of

in International organisations, non-State actors, and the formation of customary international law
A new source of international law?
Nigel D. White

Although there are controversies about the UN Security Council making binding laws of general application considered in Case Study 8, this should not disguise the fact that the UN has been hugely influential in shaping international law since 1948 (with the adoption of the Universal Declaration of Human Rights). This has occurred primarily through the General Assembly and the specialised agencies. Despite a dramatic increase in the institutionalisation of lawmaking the orthodox view remains that the legal outputs of IGOs do not challenge traditional forms of

in The law of international organisations (third edition)
Abstract only
Patrick Thornberry

The age of rights 4 The age of rights 1 If the iron cage of sovereignty-based international law continued to imprison the legal imagination, its power loosened significantly in the twentieth century. In terms of State actors, the opening out of the system to all ‘peace-loving’ States2 under the impetus of self-determination implied that the Eurocentric mould was broken or badly damaged.3 On possible types of international actor/participant,4 the phrases of the ICJ in the Reparations case continue to resound: The subjects of law in any legal system are not

in Indigenous peoples and human rights