Shubhangi Agarwalla traces how the desire of international institutions to measure and rank the global South translates into poor domestic environmental laws that are divorced from local needs and have dire consequences for environmental justice.
Category Archive: TWAILR: Reflections
Haris Jamil explores the colonial inheritance of contemporary contempt of court laws in India and how the civilising mission is reinvented domestically to stifle radical dissent and revolution. Jamil observes the ease with which such laws sit alongside international human rights law.
Christiane Wilke reflects on the possible gaps in the ICC’s engagement with Afghanistan through the lens of the United Nations Assistance Mission to Afghanistan’s Annual Report on the Protection of Civilians in Armed Conflict.
Vasanthi Venkatesh and Fahad Ahmad reflect on the BJP’s insidious use of legitimate state power through administrative regulation, constitutionalism, citizenship determination, adoption of international law and neoliberal economic policies, to further its ‘Hindutva’ ideology.
Adil Hasan Khan unpacks the colonial histories of the project of modernity in India and transcends the distinction between secular and anti-secular. He envisions a relationship between law, religion and politics whereby politics is neither fully determined by religion and law, nor entirely bereft of an ethic; and he turns to traditions of civility to inspire peaceful cohabitation.
Shahd Hammouri recalls Allende’s speech and traces the spirals of history – the discourse and conduct – that over time led to the gradual exclusion of economic and corporate matters from public international law, and the normalisation of such a state of affairs.
Shrimoyee Nandini Ghosh reflects on the historical trajectories and consequences of the international community’s domestication of Kashmir, and maps how the Indian legal order serves to simultaneously effectuate and erase the conditions of militarized occupation, armed conflict and complex permanent emergency in Kashmir.
Mohammad Shahabuddin elucidates in a new book why minorities are often marginalized in postcolonial states, through identifying three visions of the postcolonial state, and tracing the operations of international law therein.
Raiss Tinmaung & Azeezah Kanji reflect on attending the ICJ hearing on Myanmar’s responsibility for genocide against the Rohingya people.
Souheir Edelbi reviews Carola Lingaas’ The Concept of Race in International Criminal Law (Routledge, 2019).