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.

Deep Cuts: Four Critiques of Legal Ideology

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This Article begins an effort to rekindle the intellectual tradition of critical legal theory. The context for the project is significant. On the one hand is the grip of a social crisis, the contours of which continue to confound the commentariat. Racism, xenophobia, gendered violence, migration and nation, climate change, health pandemics, political corruption. The parade is as intimidating as it is spectacular. On the other hand, the very tools of criticism we depend upon in identifying these characters in the parade, much less the spectacle of the parade itself, are themselves in crisis. There is, in a word, a crisis for critique itself. The working assumption of this Article is that these crises—crises in society and the crises of critique—are not unrelated. It is in this context that we believe in the need to revitalize the tools of critical legal studies, an intellectual songbook from the 1970s that deserves a 21st century reboot.

Yale Journal of Law and Humanities, Vol. 31:2, (2021)

ISSN: 1041-6374

Justin Desautels-Stein

The Humanitarian Civilian: How the Idea of Distinction Circulates Within and Beyond IHL

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Uses real-world examples and quotes from qualitative research to show how problems of distinction play out in practice Provides innovative, empirical analysis of how distinction operates for humanitarian actors Examines training in detail, to help readers understand how legal rules travel outside of law books to civil-military training spaces

monograph, OUP 2021

ISBN: 9780198863816

Proportionality as Procedure: Strengthening the Legitimate Authority of the UN Committee on Economic, Social and Cultural Rights

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The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views. This development makes the question of how the CESCR should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the CESCR’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy.

GCILS Working Papers

Antoinette Scherz (PluriCourts, University of Oslo)

The Oxford Handbook of the International Law of Global Security

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The Oxford Handbook of the International Law of Global Security provides a ground-breaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. This Handbook highlights the central role of public international law in an effective global security architecture and, in doing so, addresses some of the most pressing legal and policy challenges of our time. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

Handbook, Oxford University Press: Oxford

ISBN: 9780198827276

The Challenges of Legalised Peacemaking: The Case of the 2012-2016 Peace Negotiations in Colombia

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In Turner, C. & Waehlisch, M. (eds) Rethinking Peace Mediation: Challenges of Contemporary Peacemaking Practice (Bristol University Press 2021)

‘Introduction: Framing the Relationship between International Law and Peace Settlements’ (with Mark Retter and Marc Weller)

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This introductory chapter identifies the key questions and themes for the International Law and Peace Settlements volume, and provides a framework and conceptual map for analysing the relationship between international law and peace settlement practice. In particular, it examines the concepts of peace and war, and their relation to law, before developing a working lexicon for peace agreements and settlements. The chapter then critically examines the legal character of peace agreements and settlement commitments as ‘legal tools’ for peace-making. This analysis provides essential foundations to map out the ways in which peace settlements and international law can interact. Those forms of interaction become key focal points for the various contributions in the remainder of the volume. The thematic rationale and structure of the volume is explained to orientate the reader in light of its key themes and questions.

in: Marc Weller, Mark Retter & Andrea Varga (eds.), International Law and Peace Settlements (CUP, 2021)