Your search

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba (‘the leap’) of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.

"In Keetsahnak / Our Murdered and Missing Indigenous Sisters, the tension between personal, political, and public action is brought home starkly. This important collective volume both witnesses the significance of the travelling exhibition Walking With Our Sisters and creates a model for antiviolence work from an Indigenous perspective. The contributors look at the roots of violence and how it diminishes life for all. They acknowledge the destruction wrought by colonial violence, and also look at controversial topics such as lateral violence, challenges in working with "tradition," and problematic notions involved in "helping." Through stories of resilience, resistance, and activism, the editors give voice to powerful personal testimony and allow for the creation of knowledge."--

We are pleased to announce the publication of Whose Land Is It Anyway?

Even though Sri Lanka's protracted civil war came to a bloody conclusion in May 2009, prospects for a sustainable peace remain uncertain. The Sri Lankan army is no longer waging military campaigns and the separatist Liberation Tigers of Tamil Eelam (LTTE) are no longer carrying out political assassinations and suicide attacks, yet structural violence continues, and has arguably intensified since the war's end. Anti-Tamil discrimination, anti-Muslim violence, and Sinhala Buddhist majoritarianism all increased in the war's aftermath, as President Mahinda Rajapakse's government invoked its military victory over the LTTE to silence any opposition. The election of Maithripala Sirisena as president in January 2015 began to alleviate some of the worst of these post-war abuses of power, but many long-term problems will take longer to solve. This book brings together scholars in the fields of anthropology, sociology, history, law, religious studies and diaspora studies to critically engage issues such as post-war development, constitutional reform, ethnic and religious identity, transnational activism, and transitional justice. Through an interdisciplinary approach to post-war Sri Lanka, this volume examines the intractable and complex issues that continue to plague this war-torn island. , Even though Sri Lanka's protracted civil war came to a bloody conclusion in May 2009, prospects for a sustainable peace remain uncertain. The Sri Lankan army is no longer waging military campaigns and the separatist Liberation Tigers of Tamil Eelam (LTTE) are no longer carrying out political assassinations and suicide attacks, yet structural violence continues, and has arguably intensified since the war's end. Anti-Tamil discrimination, anti-Muslim violence, and Sinhala Buddhist majoritarianism all increased in the war's aftermath, as President Mahinda Rajapakse's government invoked its military victory over the LTTE to silence any opposition. The election of Maithripala Sirisena as president in January 2015 began to alleviate some of the worst of these post-war abuses of power, but many long-term problems will take longer to solve. This book brings together scholars in the fields of anthropology, sociology, history, law, religious studies and diaspora studies to critically engage issues such as post-war development, constitutional reform, ethnic and religious identity, transnational activism, and transitional justice. Through an interdisciplinary approach to post-war Sri Lanka, this volume examines the intractable and complex issues that continue to plague this war-torn island.

This chapter focuses on political issues that arise when claims for gender justice, such as the call for criminalising marital rape, are made in societies or states with pluralistic legal systems, especially with customary and Indigenous law systems.

This essay attempts to put forward a research agenda for properly evaluating the changing nature of unions’ human rights representational obligations since Weber. I begin by investigating two legal questions: first, whether unions are held to a more stringent duty of fair representation (DFR) standard in regards to members’ discrimination grievances than prior to Weber and Parry Sound, and second, whether there has been a broadening of the concept of union discrimination under human rights codes, such that unions may be held liable for failing to bring forward discrimination grievances. With the legal picture in place, I then set out a series of empirical questions that need further research to properly assess whether, and to what extent, Weber and Parry Sound have altered unions’ human rights obligations in the administration of collective agreements, and more generally, their approaches to dealing with human rights issues in the workplace. The essay intentionally raises more questions than it answers, with the objective of provoking further research on important issues regarding labour law in action.

"This volume brings together leading scholars, practitioners, and jurists who have written chapters in tribute to the Honourable Marc Rosenberg's legal and ethical contributions to the administration of justice. Inspired by his work as a teacher, a lawyer, and a judge, the contributors reflect on key trends and contemporary issues in jurisprudence, legal education, the administration of justice, and legal ethics. The contributors examine topics including wrongful convictions, social justice and the criminal law, the role of the judge and lawyer, challenges facing the law of evidence, the past and future of Charter justice, and the function of legal education in contributing to the administration of justice in Canada and abroad. The book is, thus, both a tribute to the life, work, and contributions of Marc Rosenberg, and an indispensable resource for all those concerned with the ways in which we seek justice in and through the law."

This collection brings together a diverse array of scholars to analyse the issues and points of tension that have marked Sri Lanka’s uncertain peace.