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 original critique of human rights is well known. Throughout the 1980s and 1990s, scholars drew attention to various blind spots in the human rights project. Feminists demonstrated its failure in representing and protecting women, just as parallel limitations were targeted by queer and disabled activists, finding powerful institutional battlegrounds in the European Court of Human Rights and the United Nations. TWAIL and post-colonial scholars critiqued the colonial imagery of ‘victims, savages and saviors’ that underpinned the movement, and many critiques intersected multiple communities.
Scott, D. M. (2021) Human rights. In: d'Aspremont, J. and Haskell, J. (eds.) Tipping Points in International Law: Commitment and Critique. Series: ASIL studies in international legal theory. Cambridge University Press: Cambridge, United Kingdom ; New York, NY, pp. 172-195. (doi: 10.1017/9781108954549.010)
(doi: 10.1093/ejil/chab068) Scholarship has generally represented moot court competitions in one of two ways: either as a beneficial way for students to develop practical skills prior to the Bar, or as a reproducer of hierarchy and exclusion. This review essay attempts to plot a third way of thinking about moots, one that finds critical potential in the exercise of mooting while remaining attentive to its conservative biases. Building out from a critique of the common law focus of Thomas and Cradduck’s The Art of Mooting, the essay reflects on how critical approaches to international law can be used to teach moot skills more effectively. The essay then turns to the limitations such a critical pedagogy must be aware of within the actual practice of the competition, considering how these limits can be navigated and even flipped into teachable moments for critically inclined students. The essay closes with a call for a more nuanced discussion about the use of experiential learning, of which moots are only one example, for fostering critical engagement with international law.
Scott, D. M. and Soirila, U. (2021) The politics of the moot court. European Journal of International Law, 32(3), pp. 1079-1106.
"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)
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent jurisdiction over the incident; (2) the Tribunal had incidental jurisdiction to determine the immunity of the Italian Marines; (3) the Marines enjoyed immunity as state officials; but nevertheless that (4) India was entitled to compensation for the loss of life, physical harm, damage to property, and moral harm. The Award has been received more positively by Italy than India, but neither party has indicated that they intend to do anything other than comply with it.
Devaney, J. G. and Tams, C. J. (2021) , in American Journal of International Law, 115(3), pp. 513-519. (doi: 10.1017/ajil.2021.25)
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
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