Intertwinement of Legal Spaces in the Transnational Legal Sphere

Burchardt, Dana

doi:10.1017/s0922156517000012

Cited by 10 publications

(7 citation statements)

References 19 publications

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“…However, interpretation is not a value-free, objective, or neutral activity (as elucidated by feminist, queer, and TWAIL scholars). 22 Interpreting and advising on the law (especially the open-ended, transnational norms common in human rights law) 23 require the interpreter to exercise judgment. This judgment is necessary to decide how (legal) principles, teleological arguments, and the (lack of) hierarchy of norms apply in a specific case, and how to utilise available litigation tactics.…”

Section: Human Rights Turn In Climate Change Litigationmentioning

confidence: 99%

The human rights turn in climate change litigation and responsibilities of legal professionals

Fraser

Henderson

2022

Netherlands Quarterly of Human Rights

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Climate change is already being felt around the world, impacting a range of human rights including ultimately the right to life. While a healthy environment is a pre-condition for the enjoyment of rights, the environment is not mentioned in the foundational human rights document – Universal Declaration of Human Rights – nor is it specifically protected in subsequent international human rights treaties. This artificial division is partially a function of the separate development of international human rights and environmental law in the last century, which today needs urgently to be bridged. Progress is slowly being made, such as the 2021 Resolution recognising the right to a healthy environment by the UN Human Rights Council and the various petitions being lodged before human rights bodies. This column discusses the (long overdue) recognition of the human rights/environment nexus and the subsequent human rights turn in climate change litigation. In light of the challenges still faced when addressing the impacts of climate change under human rights law, we engage in (self-)reflection on the professional responsibilities of judges/decision-makers, lawyers, and scholars as active participants in the development of the law as well as the struggle for climate justice. We urge these legal professionals to be aware of the power they have in shaping these developments, and discuss how their role can be performed responsibly.

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Section: Human Rights Turn In Climate Change Litigationmentioning

confidence: 99%

The human rights turn in climate change litigation and responsibilities of legal professionals

Fraser

Henderson

2022

Netherlands Quarterly of Human Rights

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“…Often enough, these linkages may connect individual norms, rather than 'bodies' of norms as such, thus taking us yet further away from the notion of closed systems. 103 A pluralist jurisprudence will then have to give an account of not only the inter-systemic dimension, 104 but also the trans-systemic, networked character of law, as in Boaventura de Sousa Santos' interlegality. 105 This is bound to have repercussions on the nature of legal reasoning, well beyond the particular forms of interface norms constructed to deal with the margins.…”

Section: Beyond Legal Systemsmentioning

confidence: 99%

Framing Entangled Legalities beyond the State

Krisch

2021

Entangled Legalities Beyond the State

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“…Both TWAIL and transnational legal literatures have emphasised the precarity of current international legal orderings. 24 Whether it be through 'legal fragmentation' and the coexistence of a multiplicity of legal orders 25 , the failure of traditional legal orders to fully grasp the complexity of transnational developments 26 , or through the operation of legal power by non or quasi-legal bodies, 27 the role of the state as a legal actor is in a situation of transformation and flux. 28 While the weight of empire and coloniality may be relatively 'light' in the UK, current conditions mean that structures of international law and power (many of which are products of the colonial era) are somewhat precarious.…”

Section: Temporalities Of Coloniality and Lawmentioning

confidence: 99%

Queer Legacies of Colonialism

Lalor

2020

Palgrave Socio-Legal Studies

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Please cite the published version https://e-space.mmu.ac.ukLGBTQIAA+ 5 community, nor is it simply a designation of non-normative identities or behaviours. Instead, following Colebrook, conditions of the queer are those which expose how 'the normal is achieved, produced, effected and also, therefore exposed as contingent, constituted and open to change'. 6 Queerness is not simply about disrupting norms or categories of identity. It requires the repetition of previously unquestioned categories, norms, 'doxa' and assumptions, in new forms that challenge the 'laziness of common sense' 7 and explore the unacknowledged potentialities contained within. Thus the queer, postcolonial and spatiotemporal analysis in this chapter seeks to expose how colonially produced hierarchies and inequalities exist in the present and limit possibilities for future action. This approach views 'inside' and 'outside' in space, time and law as unfixed, but structurally interdependent, and seeks to think how these structurally interdependent relations could configure new possibilities for action.The chapter first considers how the queer legacy of colonialism must necessarily contend with colonialityor its denialand the legal implications of this. It then traces one instance of how this manifests through a close analysis of a House of Commons backbench debate on 'GlobalLGBT Rights'. Spatio-temporal irregularities within the debate are used to identify the presence of paradox at the heart of UK approaches to LGBT rights. The final section of the chapter uses Deleuzian scholarship of paradox to analyse how dichotomies of space, time, identity and law, that developed from the colonial encounter continue to structure and limit UK approaches to Global LGBT rights. For Deleuze, paradoxes are simultaneously moments of impasse and moments when our assumptions and axioms are revealed as limited and lacking. This revelation demands a re-working of those assumptions, opening up creative and radical 5 A variety of abbreviations -LGBT, LGBTI, LGBTQI among othersare used in the literature. In this chapter, I use the formulation that is most appropriate to the point under discussion.

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Intertwinement of Legal Spaces in the Transnational Legal Sphere

Cited by 10 publications

References 19 publications

The human rights turn in climate change litigation and responsibilities of legal professionals

The human rights turn in climate change litigation and responsibilities of legal professionals

Framing Entangled Legalities beyond the State

Queer Legacies of Colonialism

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