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Every moment of transformative racial progress in American history has been met with violence to preserve white supremacy and the subordination of BIPOC. Scholars and authors have detailed how the Court legitimizes oppression and the advancement of whiteness as the defining feature of American political and constitutional culture. The three periods of Reconstruction—from the end […]
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In 1764, the Italian philosopher Cesare Beccaria (1738-1794) published a book, Dei delitti e delle pene, that remains one of the seminal works of the Enlightenment. A law graduate of the University of Pavia, Beccaria wrote the book in his mid-20s as a member of a Milanese literary society called L’Accademia dei pugni—the Academy of […]
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Sovereign states usually go into default when they are unable to repay their debts owed to creditors as a result of a balance-of-payment crisis. Both Argentina, amidst the historical financial crisis in 2001, and Sri Lanka, which declared itself ‘bankrupt’ during its recent economic turmoil, fall into this category. A sovereign state may even deliberately […]
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Given the primacy accorded to the protection of civilians by the United Nations (UN) Security Council and individual UN agencies and bodies, one would expect there to be a system-wide UN policy on the issue. But there is not. In the work International Law and Policy on the Protection of Civilians, which I co-authored with […]
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Climate change, mass extinction, deforestation, desertification, and increasing pollution and toxicity of the air, water, and land: Uncontainable by national borders, these are quintessentially global concerns for which peoples and states have turned to international law for solutions. This edited collection asks how international lawyers have understood the environment: What exactly is it and how […]
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Traditionally, the majority of human rights pertain to physical actions and visible objects in the outside world. To a far lesser degree, they protect our internal lives, such as emotions, intentions, memories, and other mental states. Because our internal, mental lives have been conceived inaccessible to the outside world, their legal protection may have seemed […]
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Introduction Most of us take for granted the freedom to live our lives in the ways that we choose, with restrictions on our freedom only limited by the extent to which they harm others. While we may be more used to having those free choices interfered with following the restrictions imposed during the Covid-19 pandemic, […]
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Through numerous international agreements, states promise their respective treaty partners to accord foreign investors and their investments protection from unlawful state encroachments as well as violence by third parties. In case these guarantees are violated, individual investors may initiate arbitral proceedings against their host state and claim damages. From the perspective of investors, this protection […]
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