Study of International Law

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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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Professional Solidarity in Teaching: An Invitation to the ESIL Teaching Corner

At many different levels of social interaction, COVID-19 has emphasised the need to act in a spirit of solidarity. The disruptions in higher education raise challenges for teaching and our field as a whole. One of the goals of the European Society of International Law (ESIL) is to support the exchange of ideas on matters of common…

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Beyond the State: Our Shared Duties to Cooperate to Realize Human Rights during the Evolving Risks of a Global Pandemic

I was not expecting my University to land in global news reports this week (see here, here, here, and here, among others), because of its decision yesterday to temporarily move to online instruction after seeing a surge in COVID-cases barely two weeks into reopening in-person classes. The University of Notre Dame has marshaled considerable…

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Unrepentant: Sovereignty RIP

Warm thanks to the symposiasts and thanks again to EJIL: Talk! for opening its pages to an outsider to international law. It’s gratifying to garner some approval of what I did, far more gratifying to have people take it seriously. It would be boring, litigious, and anyway impossible in this space to…

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Burying Sovereignty All Over Again: A Brief Review of Don Herzog’s Sovereignty RIP

Don Herzog’s Sovereignty RIP is a great read and I highly recommend it. It is extremely well written and it has a compelling argument. It focuses on what it refers to as the classic theory of sovereignty under which "every political community must have a locus of authority that is unlimited, undivided and unaccountable to any higher…

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