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Introduction: TWAIL and the International Law of Jurisdiction
No full textIntroduction: TWAIL and the International Law of Jurisdiction
Universal Civil Jurisdiction and International Law: A Response to B.S. Chimni
No full textThe exercise of various forms of jurisdiction, and the delineation of a political entity’s jurisdictional reach over persons, places, and conduct, can sharpen and entrench inequities within and between states. One can thus aptly characterize certain exercises of jurisdiction, and particularly certain forms of extraterritorial jurisdiction, as assertions of imperial and/or hegemonic power. Importantly, however, jurisdiction can also be invoked to redress certain power inequities by providing access to judicial remedies for conduct that has evaded other forms of regulatory control. In addition, while certain assertions of extraterritorial prescriptive jurisdiction can represent overreaching by powerful states, the practice of disclaiming that a state’s extraterritorial conduct amounts to an exercise of “jurisdiction” has enabled states to shirk their human rights obligations. In this context, extraterritoriality can serve a protective function for individuals affected by the exercise of state power.
Contemporary exercises of extraterritorial jurisdiction are seldom either entirely benevolent or entirely duplicitous. Rather, they represent a messy compromise among competing values and demands channelled through various institutions and constituencies. If there is a high degree of consensus on conduct, and more than a tangential connection to the forum (for example, if the plaintiffs or defendant reside there), then the exercise of adjudicatory jurisdiction should be possible in the absence of an effective remedy in the state where the alleged conduct occurred
A New Research Programme for International Relations and International Law: Jurisdiction, Capitalism, and Imperialist Infrastructures
No full textThis article argues that Chimni’s proposed framework for historically and theoretically reconceptualising jurisdiction in ‘The international law of jurisdiction: A TWAIL perspective’ has important implications for a much-needed renewed encounter between the disciplines of International Law and International Relations. It begins by summarising the contribution of Chimni’s article in terms of its two historical and theoretical contributions. It then focuses on the theoretical reconceptualization of jurisdiction as structurally interdependent with capitalism and sovereignty, rather than territory and sovereignty as found in mainstream and liberal approaches. Moreover, Chimni’s article fills gaps in critical approaches by thinking of jurisdiction in more material terms shaped by the structural relation between dominant and subaltern international actors. The second part of the present article proposes some preliminary arguments for how this new conceptualisation applies to today’s domain of digital infrastructures, and specifically to the phenomenon of underwater communication cables. Referring to my own concept of jurisdictional accumulation, I reflect on how cables and the new forms of capital accumulation based on rentierism in the ‘internet economy’ highlight and reframe old jurisdictional problems that vindicate Chimni’s process of imperial ordering and unequal relations. Jurisdiction, as Chimni argues, shapes power relations between dominant and weaker states rather than being a check-on or neutral mechanism between them
The Fourth World Approach: A Challenge or an Extension to TWAIL?
No full textThe Fourth World Approach to International Law (‘FWAIL’) is the new formation of a critical methodology for analysing the international law framework. The idea of ‘us’ in international law, paves the way for the discrimin ation of the ‘others’ in international law. The Third World Approach to International Law (‘TWAIL’) though claiming to include all the ‘others’ of international law, fails to include the concerns of all the marginalised and excluded ‘others’. TWAIL is focused on these ‘others’ as a homogenous group and thereby neglects the marginalisation of the marginalised. FWAIL insists on the development of a new language of international law that can accommodate and assimilate the vocabulary of these neglected ‘nations’ scattered amongst ‘states’. FWAIL argues that the frame of reference of the observer to analyse international law must be changed from the perspective of other worlds to the fourth- world perspective, and only then can it recognise their plight, giving them proper recognition and a framework of rights at both domestic and international levels
Territoriality of Satellites in the LEO: ‘Jurisdiction without Territory’ Beyond Earthly Frontiers
No full textSuccesses in outer space are often seen as belonging to humankind. But what exactly does humankind mean? In line with TWAIL, I cannot agree that it refers to the collective distribution of benefits to all states or individuals. Rather, these successes and the benefits that flow from them are disproportionately allocated to the first world. This is even though the advantage of the first world is a direct consequence of centuries of colonialism and exploitation. In this backdrop, I argue that the exercise of jurisdiction in the Low Earth Orbit (‘LEO’) creates a kind of territoriality that is used to deny the claims of the third world states and unjustly enrich the first world states. I argue in certain spaces of the LEO where such territoriality is created, neo-colonial relationships between states are reproduced. I base my arguments on Chimni’s analytical TWAIL-based framework of territorial jurisdiction. Further, I prove that this territoriality is created because neo-colonial relations are structurally promoted by the law of jurisdiction under International Space Law (‘ISL’). Part I will provide the theoretical and practical context for my thesis and lay down its contours. Part II will detail Chimni’s arguments on territory and distil the inquiry that needs to be undertaken to assess if and when the LEO demonstrates territoriality. Part III will undertake this inquiry through three sub-parts. First, it will analyse the principle of ‘common heritage’ from a TWAIL lens. Second, it will analyse how the first world exercise of jurisdiction based on this principle gives them a claim against the third world which puts the latter in a disadvantaged position. Third, it will demonstrate how such a disadvantage is created by and creates neo-colonial relations and ideas in outer space, thereby making the LEO a ‘jurisdiction without territory.’ Part IV will conclude
Women and Trade in Africa: A Case for Mainstreaming Gender in the Implementation of the African Continental Free Trade Agreement (AfCFTA)
No full textThis article seeks to determine the extent to which the African Continental Free Trade Agreement (AfCFTA) and its protocols accord attention to the barriers and opportunities that African women face in intra-African trade. It discusses the considerable role of African women traders, for example, in agriculture, micro, small and medium enterprises, and in informal cross border trade. It questions whether, in support of their contributions in these sectors, gender has been adequately mainstreamed in the AfCFTA legal framework. Through its analysis of the contents of the instruments, it argues that there was little prioritization of women in the agreement and its earlier protocols. This, thus, limited their ability to support African women to meaningfully expand their participation in African trade. This is seen through the silence of the instruments on issues concerning women or the gender neutrality that is adopted in their covered areas. The finding is that the protocol on Women and Youth in Trade has closed the earlier gap by specifically addressing the challenges that are faced by African women in the trading sector and providing opportunities for their enhanced inclusion in continental trade. The conclusion is that, whereas there may be arguable weaknesses in the approach of installing a standalone protocol on women, nevertheless the Women and Youth in Trade protocol remains a positive development. State Parties to the AfCFTA are encouraged to sign and ratify the protocol as a significant step towards the attainment of a more equitable and mutually beneficial continental trading regime
The Politics of Welfare in the Global South
No full textThis book serves as a comprehensive reference for conducting political analyses of emerging welfare systems in the Global South. These countries have adopted a development-oriented approach, distinct from the social policy trajectory observed in industrialized capitalist states. However, the pervasive influence of globalization since the 1990s has significantly reshaped policy priorities in these regions. Notably, political discourse surrounding social policy concepts developed in the Northern capitalist states has gained prominence.Irrespective of the geographical focus of the chapters, the book delves into fundamental social policy concepts and debates. These include the ongoing discourse between universalism and selectivity, the challenges posed by the welfare residuum, the intricate role of institutional norms and apparatuses in achieving justice or engendering feelings of shame among social assistance recipients, and the examination of absolute and relative poverty. Additionally, the book investigates the pendulum shift within social welfare policies, the complex politics surrounding the portrayal of welfare recipients, and the newly established link between poverty and shame.Comprising 12 chapters, the book employs a case study-based approach to test the applicability and universality of social policy theories and concepts. The central focus lies in assessing the adaptability of concepts and theories developed in the Global North to comprehend the intricacies of welfare politics in the Global South. These case studies contribute to theoretical generalizations capable of explaining universal principles that are relevant to both the Global South and North.https://repository.nls.ac.in/books/1058/thumbnail.jp
Financial Exclusion in the UK\u27s Cashless Society Initiative: Challenges and Policy Considerations
No full textThis study explores the challenges posed by the United Kingdom\u27s (UK) cashless society initiative, which has sparked a surge in digital financial services (DFS), including contactless payment and online banking. While the policy promises benefits such as convenience, security, and faster transactions, there is a concern that many, particularly financially underserved and excluded consumers, will face isolation from the cashless transition. Data from the Bank of England (BoE) reveals that approximately 1.2 million UK adults lack access to traditional bank accounts, compelling them to rely primarily on cash transactions. Using the doctrinal research method, this study examines the compelling issue of financial exclusion for unique demographics in the UK, particularly seniors, rural residents, lower income earners, the digitally excluded and individuals living with disabilities or mental health conditions. It underscores the social and digital exclusion challenges faced by these groups, as well as how their cash reliance hampers their full participation in the proposed cashless society. Drawing on comparative examples from Sweden and China, which have made significant strides in their cashless transitions, the article outlines policy considerations for methodically achieving an inclusive cashless society in the UK
