Category Archives: International Law

A Cosmo-medial Supplement to Law and Literature

As law and literature reorients itself to the global South and other understudied localities, the question of what remains of the European legacy in the postcolonial conjuncture becomes all the more pressing. In Planetary Gifts of Law and Literature published in Law & Literature, I attempt to address this by reading Nuruddin Farah’s Gifts (1993), a Somali novel surrounding a young Muslim nurse Duniya’s care for a foundling, alongside Immanuel Kant’s writings on cosmopolitanism, enlightenment, and book publishing. My suggestion is that these key exchanges between Farah’s critique of humanitarian aid in late-1980s Somalia and Kant’s classics reflect the importance of (re)staging dialogues between postcolonial literature and the European legacy as we work towards a planetary discourse of law and literature.

Engagement of Swiss Courts with International Law

Switzerland is usually seen as a country friendly to international law: it is home to many of the world’s international organisations, is active in peace-building around the world, and, not least, acts as depository and is party to a large number of international treaties. However, in recent times, its respect for international law, and for the European Convention on Human Rights (ECHR), has been called into question. So, what is Switzerland’s relationship with international law? And specifically, what is the role of domestic courts in the application of international law? These are the questions explored in the paper entitled ‘Engagement of Swiss Courts with International Law’ that I co-authored with Prof. Eva Maria Belser in the book ‘The Engagement of Domestic Courts with International Law’, edited by André Nollkaemper, Yuval Shany, Antonios Tzanakopoulos, and Eleni Methymaki, published in May 2024 by Oxford University Press.

How Internet Governance is Evolving

A struggle is underway in internet governance between two competing governance structures. The first structure, multistakeholderism, continues in some ways the informality and public-private partnerships that have characterised the internet since its inception. Today however, internet governance is rapidly moving away from its multistakeholder origins towards an alternative structure rooted in multilateralism. I recently analysed the struggle between multistakeholderism and multilateralism, and the role played therein by international law, in ‘Another Swing of the Pendulum? The International Rule of Law and the “Splinternet”’ (published in Rule of Law in a Transitional Spectrum). This blog post briefly outlines the main contours of the struggle analysed in the longer piece.

Liability for Environmental Harm to the Global Commons

On 10 November 1988, the oil tanker Odyssey broke apart in the North Atlantic 700 miles off the Canadian coast. With 132,000 tons of crude oil released into the marine environment, it was one of the largest oil spills to have ever occurred. However, because it occurred in the high seas and did not reach the shores of any state, no response actions were taken, even though marine environmental harm almost certainly occurred. The pollution did not trigger the same sort of response as an oil spill in maritime areas under sovereignty (such as territorial waters) or under national jurisdiction (such as Exclusive Economic Zones) because the harm itself was to the environment per se as opposed to impacting the economic interests of a particular state or private actor. Even if the consequent environmental harm was quantifiable and compensable, it is not clear what legal entities would have the right to recover for the loss suffered. This is a function of the nature of the high seas as a “global commons” area or an area beyond national jurisdiction (ABNJ), where no state has jurisdiction and where harm is suffered by all states and arguably by all humankind, given the interconnected nature of the oceans and the variety of ecosystem services it provides.

The Tragedy of AI Governance

Despite hundreds of guides, frameworks, and principles intended to make artificial intelligence (AI) ‘ethical’ or ‘responsible’, ever more powerful applications continue to be released ever more quickly. Safety and security teams are being downsized or sidelined to bring AI products to market. And a significant portion of AI developers apparently believe there is a real risk that their work poses an existential threat to humanity.