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Narendra Modi’s Nationalist-Populism in India and International Law

The rise of populist regimes in many countries has triggered scholarly debates on populism and international law. However, studying populism and international law is fraught with methodological challenges because populism is a difficult term to define. At the most fundamental level, populism is both anti-elitist and anti-pluralist. This is captured in Jan-Werner Müller’s 'formal' conception of populism, which Heike Krieger relies on to advance a populist approach to international law. Cas Mudde conceptualizes populism as a thin-centered ideology that divides society into two homogenous and antagonistic groups of ‘pure people’ and ‘corrupt elites’. Populist politicians claim to be the sole representatives of the ‘pure people’. In this regard, the argument of Marcela Prieto Rudolphy that one cannot determine ‘a’ populist approach to international law until one defines ‘pure people’ is quite persuasive. Accordingly, left-wing populists will define ‘pure people’ largely using ‘class’ as an analytical tool. The right-wing populists will define ‘pure people’ relying on religion, nation, race, and ethnicity. Consequently, the understanding of the ‘elites’ for the left-wing and…

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Re-Theorizing International Organizations Law: A Call for Reconsiderations, Hidden Gems, and New Perspectives

The symposium on “Theorizing International Organizations Law” in issue 31:2 of the European Journal of International Law seeks to excavate the intellectual history of this important sub-discipline of public international law. As noted in the introduction to the symposium, that history has, until relatively recently, been dominated by men. The writings of figures such as Rosalyn Higgins or…

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The European Convention of Human Rights and Climate Change – Finally!

It was only ever a matter of time before the European Court of Human Rights (ECtHR) would be called upon to interpret the application of the ECHR to the climate crisis. Climate change litigants have scored a series of notable successes in domestic courts of late. Most famously in the Urgenda decision delivered by the Dutch Supreme…

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In This Issue

The article section of this issue opens with a contribution by Maria Laura Marceddu and Pietro Ortolani, who pose the question: What is wrong with investment arbitration? That there is something wrong with investment arbitration is now well-rehearsed; less well understood is what explains the public aversion. Marceddu and Ortolani offer an empirically grounded answer. Also utilizing experimental…

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Greenpeace ‘Pirates’ and the MV Arctic Sunrise

As is now well-known, on 18 September several Greenpeace activists attempted to board Gazprom’s oil platform, the Prirazlomnaya, in the Russian Exclusive Economic Zone (EEZ) bearing ropes and posters. They did do in inflatable craft launched from the Greenpeace vessel the MV Arctic Sunrise. They were…

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Paris Agreement Regained or Lost? Initial Thoughts

Headlines recently announced the end of a critical climate summit in Katowice, Poland.  Katowice had played host to the 24thConference of the Parties meeting (COP24) under the United Nations Framework Convention on Climate Change (UNFCCC).  The summit was billed as a “make or break” moment for the…

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The ECtHR’s Ilias and Ahmed v. Hungary and Why It Matters

The European Court of Human Rights delivered a judgment last Tuesday in the case of Ilias and Ahmed v. Hungary, finding multiple violations of the European Convention as a result of Hungary’s border procedures and its treatment of asylum-seekers. The applicants, nationals of Bangladesh, spent over three…

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Protection of UN Facilities During Israeli-Palestinian Hostilities: A Brief Assessment of the UN Board of Inquiry Findings

The release of United Nations (UN) documents on Israeli conduct always seems to give rise to controversy and heated debates. However, the latest publication of an UN Board of Inquiry investigating selected actions carried out during the 2014 Israeli and Palestinian hostilities has brought a relatively mild…

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Addressing the African Union's Proposal to Allow the UN General Assembly to Defer ICC Prosecutions

One of the aspects of the stand-off between the African Union (AU) and the International Criminal Court (ICC) regarding the proceedings against Sudanese President Omar Al Bashir is the call by AU for the United Nations Security Council to invoke Article 16 of the ICC Statute and request a deferral…

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Syria and the Law of Humanitarian Intervention (Part I: Political Miscues and U.S. Law)

Harold Hongju Koh is Sterling Professor of International Law at Yale Law School and was Legal Adviser of the U.S. Department of State from 2009 to 2013. Editor's Note: This piece was originally published on Just Security, a new blog with a…

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