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Global administrative law scholars have argued that global administrative law’s principles and normativity can bring about legitimacy to global governance institutions, and subsequently benefit the people of the Global South. I challenge these recent arguments that suggest global administrative law has managed to incorporate the concerns of the Third World. I caution international lawyers’ attempts to theorize global governance as administration to fill the democracy gap within the global space. My arguments are premised on the history of domestic administrative law and its uses to facilitate the settler colonial project in places like North America. I first examine the two animating claims within global administrative law and then focus, based on taxonomies available within the current literature, on procedural administrative law. The procedural argument has been developed by American legal scholars who want to deploy their common law based notions of administrative law within the global space. Based on this analysis, I develop and deploy a case study from the International Criminal Tribunal for Rwanda as illustration of judicial review within an international criminal institution set up by the UN Security Council. In the final section, I challenge global administrative lawyers’ arguments that global administrative law can be a tool of emancipation for the people of the Global South based on the ICTR case study.

False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools was published in The Canadian Constitution in Transition on page 270.

Despite international criminal law’s historically contingent doctrines and embedded biases,Third World self-determination movements continue to be enticed by international criminal justice as a potentially emancipatory project. This article seeks to peer inside the structural anatomy of the international criminal law enterprise from a vantage point oriented to the global South. It reflects broadly on discourses of international criminal law and its exponents as they relate to the global South, and explores one particularly contentious issue in the politics of international criminal law - that of operational selectivity. Redressing such selectivities as they arise from geopolitical biases is an important first step for any reconstruction of the field of international criminal justice. The article emphasizes, however, the need to also look beyond the problems of unequal enforcement, to reconceptualize the forms of violence criminalized at the design level.We ask whether, given certain colonial features, the premise and promise of international criminal justice can - for self-determination struggles or anti-imperial movements in the global South - be anything more than illusory. Drawing on the perspectives of Third World Approaches to International Law (TWAIL), the article concludes with some thoughts on what ‘TWAILing’ the field of international criminal justice might entail.

Fathima Cader & Sujith Xavier discuss conceptualisations and practices of solidarity in response to genocidal violence against Tamils and Palestinians.

Sujith Xavier & Ntina Tzouvala introduce our series of reflections on ‘Teaching International Law: Between Critique and the Canon’.

Osgoode Hall Law School, York University’s Challenging Conventions! Speaker Series organized Re-Igniting Critical Race: A Symposium on Contemporary Accounts of Racialization in Canada on November 2, 2012.  The symposium sought to explore critical race theory and its praxis within the Canadian legal academy by inviting emerging scholars and practitioners to engage with the scholarship of Professor Patricia Williams.

With this brief introduction to a special issue of the Osgoode Hall Law School Comparative Law and Political Economy Research Paper Series, we hope to evoke some of the discussions and background preparation that invigorated the 2010 Osgoode Graduate Law Students' Association conference.

The 2005 Supreme Court decision of Chaoulli v. Quebec (A.G.) is the most significant Canadian case vis-a-vis health care rights in the last decade. The two litigants were Dr. Chaoulli, a physician originally from France who was frustrated with governmental limits on his ability to practice privately, and George Zeliotis, a sixty-seven-year-old patient with hip and heart conditions who had to wait nine months for a hip operation. Mr. Zeliotis thought that if he were able to purchase private insurance then he could have financed his hip operation in the private sector. Chaoulli and Zeliotis were unsuccessful at both the trial and appeal levels but struck controversial success before the Supreme Court of Canada.

This article examines the relationship between colonialism, capitalism, and violence in Sri Lanka through the combined lenses of international economic law (IEL) and transitional justice. We argue that colonialism instantiates vicious cycles in the histories of violence of ethno-racial capitalism through the creation of states with debts that can never be repaid. This system of ‘indebted impunity’ persists even under ‘new’ Southern sovereigns. We illustrate how IEL and transitional justice are co-constitutive in maintaining international law’s racial hierarchies, while pursuing the construction of racial hierarchies that precipitate ethno-racial capitalist formations, and violence, in Sri Lanka. We first attend to the emergence of international law with racial capitalism as a story of sustained violence, where offshoots like IEL and transitional justice remain tied to the foundational violence in ways that cannot be reformed away. The final section examines the colonial transformation of Sri Lanka, focusing on the British Empire’s role in configuring ethno-racial communities, to consider how IEL and transitional justice work together to maintain this cycle. We observe that indebted impunity persists as a structural condition even when the ‘white’ colonial masters have formally departed, and ‘brown’ differentially racialized compatriots become the ones in charge.

This Special Issue emerges from the Third World Approaches to International Law (TWAIL) Cairo Conference in 2015 and addresses the conference theme, ‘On Praxis and the Intellectual’, by focusing on different aspects of the intellectual as a political actor. In introducing this Issue, we provide some background to the TWAIL network, movement, event, and publications; and delineate our own understandings of scholarly praxis as editors and conference organisers. Broadly, we understand praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation.

This Special Issue emerges from the Third World Approaches to International Law (TWAIL) Cairo Conference in 2015 and addresses the conference theme, ‘On Praxis and the Intellectual’, by focusing on different aspects of the intellectual as a political actor. In introducing this Issue, we provide some background to the TWAIL network, movement, event, and publications; and delineate our own understandings of scholarly praxis as editors and conference organisers. Broadly, we understand praxis as the relationship between what we say as scholars and what we do – as the inextricability of theory from lived experience. Understood in this way, praxis is central to TWAIL, as TWAIL scholars strive to reconcile international law’s promise of justice with the proliferation of injustice in the world it purports to govern. Reconciliation occurs in the realm of praxis and TWAIL scholars engage in a variety of struggles, including those for greater self-awareness, disciplinary upheaval, and institutional resistance and transformation.