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Full-Text Articles in International Law
Affirmative Action And International Law, Maxwell O. Chibundu
Affirmative Action And International Law, Maxwell O. Chibundu
Maxwell O. Chibundu
The use of the conjunction 'and' rather than the preposition 'in' in the title of this essay is intended to convey both the descriptive limitations of the subject matter as well as the breadth of its potentialities. International law and its practitioners have devoted little attention to issues of affirmative action and currently dominant epistemic trends do not suggest any significant shift in focus occurring soon. By contrast, municipal proponents of affirmative action in countries such as the United States, embattled as they are in defending an increasingly controversial policy, have tried to bolster their arguments by reference to international …
Delinking Disproportionality From Discrimination: Procedural Burdens As Proxy For Substantive Visions, Maxwell O. Chibundu
Delinking Disproportionality From Discrimination: Procedural Burdens As Proxy For Substantive Visions, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu
Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu
Maxwell O. Chibundu
In contemporary international law and politics, the invocation of the term “democracy” transcends both objective description and ritual symbolism. Normatively, it is deployed to delineate the good society from the pariah state. Prescriptively, it is employed to shun and coerce foes into preferred policies. In this article, I reflect on the ways in which contemporary liberalism’s faith and commitment to “democracy” have become akin to those that classically are associated with religion. By tracing the roots, rise and spread of democracy to the demands of an essentially European middle-class engaged in industrialization, commerce and colonization, and by relating that history …
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Maxwell O. Chibundu
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …