The publications listed here represent a small selection of the work of staff members of the GCILS. To see full listings of publications please click through to the University of Glasgow main webpages in each individual staff member profile.

The ILC Articles at 20

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“The Articles on the Responsibility of States for Internationally Wrongful Acts (Articles), developed by the International Law Commission (ILC), turn 20 this year. On 9 August 2001 – 45 years after the first report by Special Rapporteur Francisco García-Amador on the topic, after 5 Special Rapporteurs and 34 reports by them – the ILC adopted the final text of the Articles, thus bringing to an end work that (in the words of Rosalyn Higgins) were it not for the Commission’s broad understanding of responsibility, ‘should on the face of it [have] take[n] one summer’s work’.3 On 12 December 2001, the UN General Assembly ‘noted’ the Articles and commended them to the attention of Governments in December.4 Since then, reflected in successive reports compiled by the UN Secretary-General, the Articles have become the obvious reference point for debates about State responsibility: they are invoked, applied, cited, criticised, studied by nearly everyone working in or with international law, from undergraduate students to investment tribunals, and even domestic courts.5 They reflect international law’s everyday, routine, application: mostly unspectacular, sometimes pedestrian; dramatic only rarely. What is more, most readers, users, students, critics have been quick to adopt the ILC’s jargon and categories.”

GCILS Working Paper Series

Federica Paddeu

The Discipline as a Field of Struggle: The Politics and Economics of Knowledge Production in International Law

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"International Law's Invisible Frames. Social Cognition and Knowledge Production in International Legal Processes" Edited by Andrea Bianchi and Moshe Hirsch Examines the social cognition and knowledge production processes which form our understanding of what international law is, and how it works Identifies the groups of people and institutions that shape and alter the prevailing discourse in international law An innovative, interdisciplinary approach employing insights from sociology, psychology, and behavioural science

A chapter in Andrea Bianchi and Moshe Hirsch (eds), International Law’s Invisible Frames (Oxford University Press, 2021)

ISBN: 9780192847539

International Law and Corporate Actors in Deep Seabed Mining

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The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

Oxford Monograph in International Law

9780192898265

Poverty and Human Rights. Multidisciplinary Perspectives

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Edited by Suzanne Egan, Associate Professor, School of Law, University College Dublin, Ireland and Anna Chadwick, Lecturer in Law, School of Law, University of Glasgow, Scotland, UK This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy-makers in need of novel methodologies for promoting equality.

Edward Elgar Publishing

978 1 83910 210 3

Suzanne Egan, Associate Professor, School of Law, University College Dublin

Youth-led peace: The role of youth in peace processes

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More than 600 million young people live in fragile and conflict-affected contexts. Despite being deeply affected by violence in a myriad of ways, young people’s voices are not heard, nor included in the processes of conflict resolution and peacebuilding. The ‘youth bulge’ is seen as a driver of instability, and young people are typically portrayed as perpetrators of violence or potential ‘spoilers’ who should be protected from radicalisation and extremism. The active role young people play as peacemakers, mediators and peacebuilders at grassroots and local levels are under-acknowledged and they are often not included in official peace processes. Beyond peacebuilding, young people display ownership, agency and leadership in diverse areas that are of significance to local, regional, national and international peace and security, ranging from climate change to tackling inequalities. Yet, the achievements of young people are hindered due to the absence of adequate recognition, protection, funding and meaningful partnerships. This report explores the diverse contributions of youth to peace processes and discusses the challenges and barriers young peacebuilders face while working towards peace, based on findings of a consultation with youth-led peacebuilding organisations and a workshop that brought together key actors in the field of Youth, Peace and Security. We then explore the multiple dimensions of inclusion in peace processes and chart potential avenues for future research, policy and practice in light of lessons learned from youth-led peace initiatives.

Yulia Nesterova
Graeme Young
Alex Maxwell

The Hidden Theology of International Legal Positivism

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This chapter is a study in the critical deconstruction of one of the most popular theoretical paradigms in modern international law and its basic ideological impact on international law as a discipline. The paradigm in question is voluntarist positivism, and the general thrust of its ideological impact on the discipline of international law, I am going to argue, has been to encourage within it the rise and spread of what one might call a theoretical culture of bad faith – a mix of false consciousness, self-censorship, and a “crooked attitude towards truth and knowledge”– particularly, in what concerns international law’s relationship with natural law and Christian theology. The last two sentences use a lot of notoriously ambivalent concepts. For the prevention of doubt, let me explain briefly how I understand them in these pages.

A chapter in "Christianity and International Law" book, Pamela Slotte and John Haskell (eds.), (Cambridge University Press, 2021)

9781108565646