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.
Introduction to Symposium on the World Bank Environmental and Social Framework in Leiden Journal of International Law (2019), 32, 457–463
This paper argues that there can be no category of ‘affected people’ without a decision-making process that triggers affectedness in the first place. In that sense, affectedness is a category that is by default, although not irreversibly, ‘tied’ to a certain institutional context. In this paper, I examine such ‘tied’ quality of affectedness by focusing on the benefits and dangers of the affectedness paradigm to grassroots organisations in the context of World Bank projects. Whilst in principle the category of ‘affected people’ seems to empower the grassroots, this article argues that the danger of institutional co-optation in this context is also high. The World Bank and its borrowers have full discretion to include, but also to exclude, people from this category. Therefore, the voices of grassroots organisations relying on this paradigm can be instrumentalised and distorted. This article suggests that mediation can help to ‘untie’ affectedness from the top-down institutional discourse, in order to create space for a more balanced dialogue between resistance groups and decision-makers.
Third World Thematics: A TWQ Journal / Volume 3 / Issue 5-6 / March 2019 / pp. 703-724
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure.
Law being a derivative feature of reality, it exists in virtue of more fundamental things, upon which it depends. This raises the question of what is the relation of dependence that holds between law and its more basic determinants. The primary aim of this paper is to argue that grounding is that relation. We first make a positive case for this claim, and then we defend it from the potential objection that the relevant relation is rather rational determination.1 Against this challenge, we argue that the apparent objection is really no objection, for on its best understanding, rational determination turns out to actually be grounding. Finally, we clarify the framework for theories on law-determination that results from embracing our view; by way of illustration, we offer a ground-theoretic interpretation of Hartian positivism and show how it can defuse an influential challenge to simple positivist accounts of law.
Legal Theory / Volume 25 / Issue 1 / March 2019 / pp. 53 -76
Concepts allow us to know, understand, think, do and change international law. This book, with sixty chapters by leading scholars, provides a nuanced guide to those concepts of historical significance for international law, as well as those that have become central to how we think about the discipline. In select cases this book also offers some new concepts, seeking to address familiar concerns that have not been fully articulated within the discipline. This unique book is the first expansive exploration of concepts that have become historically central to the discipline. It allows us to appreciate how order, struggle and change play out in international law and legal thought, and how these concerns of power implicate ethical considerations. Embracing a wide range of historical and theoretical approaches, this book hopes to ignite a renewed, fertile engagement between our concepts and the contemporary, precarious, conditions of international legal life. Thought-provoking, original and engaging, this book is essential reading for researchers, postgraduates and doctoral students in international law, legal history and legal theory. Academics in international relations, history, sociology and political thought will also find this an essential read.
In: D'Aspremont, J. and Singh, S. (eds.) Concepts for International Law: Contributions to Disciplinary Thought.
978 1 78347 467 7
This book is an inquiry into the role of law in the contemporary political economy of hunger. In the work of many international institutions, governments, and NGOs, law is represented as a solution to the persistence of hunger. This presentation is evident in the efforts to realize a human right to adequate food, as well as in the positioning of law, in the form of regulation, as a tool to protect society from 'unruly' markets. In this monograph, Anna Chadwick draws on theoretical work from a range of disciplines to challenge accounts that portray law's role in the context of hunger as exclusively remedial.