This article argues that the growth of international organizations (IOs) over the past century has been imagined and carried out as necessary to making modern states on a broadly Western model. The proliferation of IOs and expansion of their legal powers, through both formal … [Read more...]
Internet Freedom and Human Rights
This article considers whether the internet has become so significant, for the provision of and access to information, and in the formation of political community and associated questions of participation, that it requires further human rights protection beyond freedom of … [Read more...]
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Faltering at the Critical Turn to History: ‘Juridical Thinking’ in International Law and Genealogy as History, Critique, and Therapy
This article reflects on the place of history in international law and its critique. The turn to history in critical international law scholarship has attracted two broad objections. The first alleges a normative deficit: critical histories of international law are considered to … [Read more...]
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Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue – Autonomy or Autarky?
In Opinion 2/13 the CJEU finds a series of flaws in the draft Accession Agreement to the ECHR, which revolve around safeguarding the autonomy of EU law as well as its own jurisdiction. This paper first develops a basic normative framework for assessing the Opinion. That framework … [Read more...]
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Public Reason and Constitutional Law
The paper considers the applicability of the concept of public reason (PR), properly reinterpreted and recalibrated, to constitutional law. After the presentation of the general idea of PR as a legitimacy-conferring device, the paper discusses its proper scope (both in terms of … [Read more...]
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