AJIL Unbound最新文献_第4页

Looking to the Horizon: The Meanings of Reparations for Unbearable Crises 展望地平线:不可承受危机的赔偿意义

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.4

Sarah Riley Case

{"title":"Looking to the Horizon: The Meanings of Reparations for Unbearable Crises","authors":"Sarah Riley Case","doi":"10.1017/aju.2023.4","DOIUrl":"https://doi.org/10.1017/aju.2023.4","url":null,"abstract":"Harms that arise from climate catastrophes deepen already unbearable forms of racial oppression. Both can be traced to accumulative ways of life that justified slavery and colonialism, which shifted into new forms of hegemony under liberal international law. A growing response has been to demand reparations. However, the meanings of reparations are vast and sometimes counterintuitive. This essay reflects on reparations claims emanating from the Caribbean, as one place where race and ecology converge. The Caribbean was forged by Indigenous genocide, the enslavement of African peoples, and the indentured labor of Asian peoples. Today, descendants in the region face subordination under liberal international law and climate catastrophes. Such conditions reveal that reparations are foremost a horizon of transformation away from accumulative ways of life that spread from Europe to the world, structuring the present reality. “Reparations” also refers to immediate justices that meet the demands of those who are harmed, because this prefigures the horizon of transformation by disrupting imperialism. These qualities dispel racializing critiques from the First World that reparations are irrational, or constitute politics separate from law. Reparations can enact legal relations that are meaningful to those “on the bottom,” and emancipatory for everyone, when communities and social movements define them.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45379603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Law, Race, and Capitalism: A Marxist Perspective 国际法、种族与资本主义：马克思主义视角

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.5

R. Knox

引用次数: 0

Introduction to the symposium on Race, Racism, and International Law 种族、种族主义和国际法专题讨论会导言

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.1

E. Achiume, J. Gathii

引用次数: 0

Anti-Racism at the United Nations 联合国的反种族主义

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.11

E. Achiume, Gay McDougall

引用次数: 0

Slavery's Afterlives: Humanitarian Imperialism and Free Contract 奴隶制的余生：人道主义帝国主义与自由契约

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.7

Vasuki Nesiah

{"title":"Slavery's Afterlives: Humanitarian Imperialism and Free Contract","authors":"Vasuki Nesiah","doi":"10.1017/aju.2023.7","DOIUrl":"https://doi.org/10.1017/aju.2023.7","url":null,"abstract":"In 1833, slavery was abolished across the British Empire, but its specter continued to haunt the new labor regimes inaugurated in slavery's wake. While much of the analysis of these dynamics focuses on the triangular trade in the Atlantic, this essay focuses on the Indian Ocean. Slavery was largely replaced by indentured labor in the Indian Ocean world, marking a historically significant shift in the political economy of empire, the legal architecture of labor, and the discourses through which the imperial racial capitalist system was legitimated and contested. In the decades that followed, labor became incorporated into market institutions that continued into the post-colonial era. Yet, today, almost two hundred years later, slavery's spectral presence continues to inhabit international labor policy. I argue that the reference to slavery was incorporated into discourses of protection and free contract in ways that sought to sanitize and rationalize regimes of indenture and wage labor in the Indian Ocean world. Thus, paradoxically, slavery is often invoked in ways that are disconnected from its own material history. This essay seeks to trace the persistence of that double move of invocation and disconnection as itself symptomatic of the past in the present. In the context of the nineteenth century labor regime transitions, we might describe imperialism, humanitarianism, and capitalism as having a Weberian relationship of “elective affinities.” Slavery's haunting of the political and normative imagination of alternative labor systems encapsulated those affinities by fusing the denunciation of slavery with the promise of protection and profit, redeeming humanitarian imperialism and commodified labor.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41335941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pauli Murray: Human Rights Visionary and Trailblazer 保利·默里:人权梦想家和开拓者

AJIL Unbound Pub Date : 2023-03-28 DOI: 10.1017/aju.2023.3

D. E. Johnson, C. Powell

引用次数: 0

The Infrastructure of International Law-Making: How Buildings Shape the Publicness of the Global Law-Making System 国际立法的基础设施：建筑物如何塑造全球立法体系的公共性

AJIL Unbound Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.71

Nahuel Maisley

{"title":"The Infrastructure of International Law-Making: How Buildings Shape the Publicness of the Global Law-Making System","authors":"Nahuel Maisley","doi":"10.1017/aju.2022.71","DOIUrl":"https://doi.org/10.1017/aju.2022.71","url":null,"abstract":"International law is a peculiar form of global ordering, one marked by the “imperative of trying to turn a capacity for crude coercion into legitimate authority.”1 The international law-making system is therefore discursively structured around an aspiration to “publicness,”2 around a commitment to secure “some responsiveness to the claims and interests developed within the relevant publics.”3 As it is evident to any observer, this commitment is oftentimes not honored and the process is frequently detached from the ideas, interests, and priorities of those whose lives are ultimately governed by international law.4 The typical analysis of this detachment tends to focus on the role played by the enabling norms—specifically, the norms governing representation, participation, and deliberation in the international law-making system.5 In this Essay, I argue, however, that the actual publicness of the system is also shaped—sometimes in combination with the law, sometimes in competition with it—by the infrastructure of international law-making.6 For all the grand statements about transparency and public engagement, for all the sincere attempts at inclusion and all the ostentatious legal principles, my claim is that the built environment—the chambers, the fences, the checkpoints, the hallways—generally ensures, both materially and symbolically, that the sites of decision making, where law is ultimately created, are distanced from multiple sites of contestation, where the various publics and counterpublics make their voices heard.7","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44986925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Law and Regional Electricity Infrastructure: The West African Power Pool 国际法与区域电力基础设施:西非电力池

AJIL Unbound Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.72

Edefe Ojomo

引用次数: 1

Law as Infrastructure of Colonial Space: Sketches from Turtle Island 作为殖民空间基础设施的法律：海龟岛素描

AJIL Unbound Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.70

Deborah E. Cowen

{"title":"Law as Infrastructure of Colonial Space: Sketches from Turtle Island","authors":"Deborah E. Cowen","doi":"10.1017/aju.2022.70","DOIUrl":"https://doi.org/10.1017/aju.2022.70","url":null,"abstract":"Heraclitus's words remind us that law and infrastructure have lived in intimate relation, in practice and thought, for millennia. This intimacy is palpable in the context of settler worldmaking where colonial jurisdiction is enacted by constraining, with an eye to replacing, Indigenous jurisdiction. Here, the authority to have authority is often asserted in practice through violent attempts to control connectivity and movement. To this day, imperial powers assert jurisdiction over space through infrastructures that enhance or inhibit the motion of goods and people, like railroads, pipelines, border walls, and police.2 This Essay investigates the co-production of colonial law and infrastructure on Turtle Island—an Indigenous name for the continent of North America, which already highlights a different conception of jurisdiction and law through its anchor in creation stories. The brief sketches that follow emphasize the co-constitution of law and infrastructure, yet they also propose a relationship that exceeds proximity or metaphor. Law operates through the ordering of extension, and in this sense, can productively be thought of infrastructurally, as “the movement or patterning of social form.”3 This Essay argues that approaching law infrastructurally foregrounds the contingency of seemingly solid structures, including centrally that of settler jurisdiction.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48851037","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Building Borders and “No Borders”: Infrastructural Politics as Imagination 构建边界与“无边界”：作为想象的基础设施政治

AJIL Unbound Pub Date : 2023-01-09 DOI: 10.1017/aju.2022.73

M. Ticktin

{"title":"Building Borders and “No Borders”: Infrastructural Politics as Imagination","authors":"M. Ticktin","doi":"10.1017/aju.2022.73","DOIUrl":"https://doi.org/10.1017/aju.2022.73","url":null,"abstract":"Since 2015 when migration across the Mediterranean was declared a “crisis” in Europe, the language of crisis and invasion has persisted, structuring conversations and political imaginations. This has led many to argue for the strict closure of borders and the deportation of migrants or “people on the move,”1 and to a deepening set of racisms within borders. But this “crisis” has also led to a less publicized, opposing struggle against borders, in the service of a more egalitarian world. I argue that in order to really understand how borders are being regulated or unregulated, we need to look not only at the international legal realm, but also at infrastructural politics.2 In this Essay, I will discuss two different terrains of infrastructural struggle over migration and borders: the first is about border walls, which are built to close off resources and partition the world into haves and have nots; the second is an infrastructure of collective living, where people-on-the-move are occupying abandoned spaces and working against borders and private property. I suggest that it is important to attend to the infrastructural dimensions of migration and border regimes, as they can produce and regularize exclusion and conceal it from the conventional field of political discussion and legal contestation. At the same time, new infrastructures can prefigure better, more equitable worlds.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44662731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1