Introduction: Twail And The International Law Of Jurisdiction,
2024
National Law School of India University
Introduction: Twail And The International Law Of Jurisdiction, Rohini Sen
National Law School of India Review
Introduction: TWAIL and the International Law of Jurisdiction.
Universal Civil Jurisdiction And International Law: A Response To B.S. Chimni,
2024
National Law School of India University
Universal Civil Jurisdiction And International Law: A Response To B.S. Chimni, Chimène Keitner
National Law School of India Review
The exercise of various forms of jurisdiction, and the delineation of a political entity’s jurisdictional reach over persons, places, and conduct, can sharpen and entrench inequities within and between states. One can thus aptly characterize certain exercises of jurisdiction, and particularly certain forms of extraterritorial jurisdiction, as assertions of imperial and/or hegemonic power. Importantly, however, jurisdiction can also be invoked to redress certain power inequities by providing access to judicial remedies for conduct that has evaded other forms of regulatory control. In addition, while certain assertions of extraterritorial prescriptive jurisdiction can represent overreaching by powerful states, the practice of disclaiming …
Foreign Sovereign Immunity Doctrine: A Twail Perspective,
2024
National Law School of India University
Foreign Sovereign Immunity Doctrine: A Twail Perspective, Maryam Jamshidi
National Law School of India Review
As Prof. B.S. Chimni has shown, while the international law of state jurisdiction masquerades as a technical procedural rule, it has long served the capitalist and imperialist interests of Western States—a revelation that aligns with Third World Approaches to International Law (‘TWAIL’). It is no surprise then that the international law on foreign sovereign immunity—which is a subset of the law of state jurisdiction—has also furthered the capitalist interests of Western countries. This tendency is reflected in the United States’ Foreign Sovereign Immunities Act, 1976 (‘FSIA’), which is one of the most important domestic foreign sovereign immunity regimes. Under the …
Editorial Note,
2024
National Law School of India University
“Spread Your Wings And Fly Away” – Reimagining Customary International Law Jurisdiction In Investor- State Disputes,
2024
National Law School of India University
“Spread Your Wings And Fly Away” – Reimagining Customary International Law Jurisdiction In Investor- State Disputes, Harshad Pathak
National Law School of India Review
A common assumption in investor-state dispute settlement (ISDS) is that subject to the language of the arbitral provision invoked, an arbitration tribunal can only decide claims that allege a breach of the substantive obligations articulated in the instrument from which it derives jurisdiction. Over time, this assumption has come under challenge, including in cases where an ISDS tribunal derives jurisdiction from a municipal law source, such as an investment contract or legislation. The article addresses this issue by critiquing the Decision on Jurisdiction in Cambodia Power Company v. Cambodia, wherein an ICSID tribunal constituted pursuant to related investment contracts concluded …
Theorising Extraterritorial Jurisdiction: The Travails Of Twail,
2024
National Law School of India University
Theorising Extraterritorial Jurisdiction: The Travails Of Twail, Muthucumaraswamy Sornarajah
National Law School of India Review
Discussion of extraterritoriality focussing on capitulation theories looks backwards at an historical period. The present need is to study extraterritoriality used by hegemonic states both in an oppressive manner to advance their national interests and in a manner that protects common interests. As hegemonic power of the United States recedes, new actors like China and India will come to use extraterritoriality largely in an offensive manner. Preoccupation with the past is inapposite in a field in which the rapid developments are taking place. A theory must be found that permits defensive extraterritoriality that promotes community interests while curbing the offensive …
A New Research Programme For International Relations And International Law: Jurisdiction, Capitalism, And Imperialist Infrastructures,
2024
National Law School of India University
A New Research Programme For International Relations And International Law: Jurisdiction, Capitalism, And Imperialist Infrastructures, Maïa Pal
National Law School of India Review
This article argues that Chimni’s proposed framework for historically and theoretically reconceptualising jurisdiction in ‘The international law of jurisdiction: A TWAIL perspective’ has important implications for a much-needed renewed encounter between the disciplines of International Law and International Relations. It begins by summarising the contribution of Chimni’s article in terms of its two historical and theoretical contributions. It then focuses on the theoretical reconceptualization of jurisdiction as structurally interdependent with capitalism and sovereignty, rather than territory and sovereignty as found in mainstream and liberal approaches. Moreover, Chimni’s article fills gaps in critical approaches by thinking of jurisdiction in more material …
Extra-Territoriality And Solidarity,
2024
National Law School of India University
Extra-Territoriality And Solidarity, Vasuki Nesiah
National Law School of India Review
Bhupinder Chimni calls for a subaltern internationalism that stands in contrast to and challenges extraterritorial jurisdiction by imperial and capitalist forces. We have a productive instantiation of subaltern internationalism in the jurisprudence on jus standi at the International Court of Justice.1 A sovereign that is not the injured party may still legitimately represent injured peoples if the representation is grounded in a commitment to those peoples’ self- determination; the court’s admissibility jurisprudence has come to recognize this commitment as a legitimate erga omnes partes claim. Its most recent and spectacular expression was South Africa’s representation of Palestinians with a genocide …
Colonialism, Jurisdiction, And Sovereignty In Palestine,
2024
National Law School of India University
Colonialism, Jurisdiction, And Sovereignty In Palestine, Usha Natarajan
National Law School of India Review
Knowledge production is never neutral, and academia – much like international laws and institutions among other social structures – is a key conduit for the efficient operations of power. Israel’s longstanding occupation and settler colonialism in Palestine challenges mainstream accounts of the international laws of jurisdiction, whereas Chimni’s TWAIL analysis better accounts for and predicts the imperial operations of such laws and points to fruitful evolution towards fairness and justice.10 I elaborate by considering firstly the exercise of jurisdiction during occupation and settler colonialism, and secondly the exercise of universal jurisdiction by states. I conclude with some thoughts on jurisdiction …
The Space Between Jurisdiction And Sovereignty,
2024
National Law School of India University
The Space Between Jurisdiction And Sovereignty, Asha Kaushal
National Law School of India Review
This Comment examines the relationship between jurisdiction and sovereignty in the context of Chimni’s principle of subaltern internationalism. When viewed from the perspective of decolonisation and self-determination, jurisdiction pulls against Third World spaces for governance. Instead, it deploys jurisdiction as a limiting legal instrument. I suggest that mainstream international law has relied upon—exploited, even—the space between jurisdiction and sovereignty to withhold the full realisation of self-determination from developing states. Drawing on the case study of East Timor, the Comment examines the many faces of jurisdiction on the plane of mainstream international law.
Afterword,
2024
National Law School of India University
Colonies And International Labour Organization: A Subaltern Outlook,
2024
National Law School of India University
Colonies And International Labour Organization: A Subaltern Outlook, Aathira Raju
National Law School of India Review
This paper put forward a subaltern perspective to outline the conditions of colonial labour during the interwar era. It is argued that despite the efforts of postcolonial international legal scholars to make the subaltern class visible, the latter’s voice remained scanty. One of the reasons is the paradox of international law. As noted by Chimni, “It is an instrument of subjugation and of liberation, of exploitation and possible emancipation”. This dichotomy can be witnessed in the transactions of international institutions, notably the International Labour Organization (‘ILO’). On the one hand, the ILO was regarded as the pacesetter for labour interests; …
The Fourth World Approach: A Challenge Or An Extension To Twail?,
2024
National Law School of India University
The Fourth World Approach: A Challenge Or An Extension To Twail?, Vineet Tayal
National Law School of India Review
The Fourth World Approach to International Law (‘FWAIL’) is the new formation of a critical methodology for analysing the international law framework. The idea of ‘us’ in international law, paves the way for the discrimin ation of the ‘others’ in international law. The Third World Approach to International Law (‘TWAIL’) though claiming to include all the ‘others’ of international law, fails to include the concerns of all the marginalised and excluded ‘others’. TWAIL is focused on these ‘others’ as a homogenous group and thereby neglects the marginalisation of the marginalised. FWAIL insists on the development of a new language of …
Rapporteur Report,
2024
National Law School of India University
Rapporteur Report, Shwetha Ramachandran, Laavanya Tewari, Chayan B.P., Manvi Sahni
National Law School of India Review
XVI NLSIR Symposium: TWAIL Approaches to Jurisdiction [Volume 35(2)].
Charting Extraterritoriality: Jurisdiction, Corporate Conduct, And Environmental Harm,
2024
National Law School of India University
Charting Extraterritoriality: Jurisdiction, Corporate Conduct, And Environmental Harm, Kalika Mehta
National Law School of India Review
Chimni’s TWAIL critique of the principle of jurisdiction, the subject of this symposium, implicates its development with the evolution of capitalism. Against this backdrop, this paper uniquely focuses on international criminal law and the selective application of principle of extraterritorial jurisdiction, particularly its exclusion of corporate entities from prosecution for large-scale violence. Through an analysis that engages with Chimni’s critique, the paper illustrates how these extraterritorial prosecutions align with the mainstream liberal theory of jurisdiction, while also exposing gaps in corporate accountability. Further, the paper contributes to ongoing legal reform debates by exploring the proposed international crime of ecocide, a …
Third World Statehood Before The ‘Third World’: Imperialism, Sovereignty, And The Making Of Latin America,
2024
National Law School of India University
Third World Statehood Before The ‘Third World’: Imperialism, Sovereignty, And The Making Of Latin America, Eric Loefflad
National Law School of India Review
Engaging BS Chimni’s claim that the genealogies of colonial capitalism are vital to uncovering the substantive realities that animate formalistic conceptions of jurisdiction, I argue that the independence of Latin America forms an important, yet under- theorised, site for articulating these genealogies. This is especially significant given the general lack of materialist analysis of this history in both Latin American International Law (LAIL) and Third World Approaches to International Law (TWAIL’). Filling this lacuna, I argue that while Latin American polities emerged as bounded territorial states, their recognition as such must be understood in relation to how Europe and the …
Human Rights And Jurisdictional Trajectories: Shedding Light On The Colonial Genealogy,
2024
National Law School of India University
Human Rights And Jurisdictional Trajectories: Shedding Light On The Colonial Genealogy, Rongeet Poddar
National Law School of India Review
International law’s tryst with colonialism has continued to have a significant bearing on the shifting sands of jurisdiction in relation to human rights enforcement. Even as the apparition of empire loomed large over Third World states, a ‘universal’ yet non- binding catalogue of human rights had become reality with the birth of the UDHR. As recognized in Article 2 of the document, peoples of non-self-governing territories could also not be deprived of their human rights. However, hopes were belied when the ECHR, as the first binding post-War human rights instrument, was accompanied by a restrictive jurisdiction clause. The original Article …
Territoriality Of Satellites In The Leo: ‘Jurisdiction Without Territory’ Beyond Earthly Frontiers,
2024
National Law School of India University
Territoriality Of Satellites In The Leo: ‘Jurisdiction Without Territory’ Beyond Earthly Frontiers, Priyansh Dixit
National Law School of India Review
Successes in outer space are often seen as belonging to humankind. But what exactly does humankind mean? In line with TWAIL, I cannot agree that it refers to the collective distribution of benefits to all states or individuals. Rather, these successes and the benefits that flow from them are disproportionately allocated to the first world. This is even though the advantage of the first world is a direct consequence of centuries of colonialism and exploitation. In this backdrop, I argue that the exercise of jurisdiction in the Low Earth Orbit (‘LEO’) creates a kind of territoriality that is used to …
Sovereignty, International Law, And The Princely States Of Colonial South Asia By Priyasha Saksena (Oxford University Press 2023),
2024
OP Jindal Global University
Sovereignty, International Law, And The Princely States Of Colonial South Asia By Priyasha Saksena (Oxford University Press 2023), Aryan Tulsyan, Prabhash Ranjan
National Law School Journal
Sovereignty, International Law, and the Princely States of Colonial South Asia by Priyasha Saksena is a significant academic intervention into understanding South Asia. The author maps how the various actors—the princely states, the British Crown, the East India Company (the company), and the anti-colonial nationalists—used international law, especially the vernacular of sovereignty, to advance their arguments and achieve their goals during the colonial struggle.
Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe,
2024
Texas A&M University School of Law
Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe, Michael Conklin
Catholic University Journal of Law and Technology
No abstract provided.
