Traditional accounts of the ‘structural’ principles of international law are ‘positivistic‘ and ‘voluntarist‘, suggesting that: a) law and morality are conceptually distinct; and b) no international obligations can exist without state consent. Each paper in this panel challenges these orthodoxies in different ways. Whether by assessing the limits of legitimate democratic rule, the need to...
Tag: <span>Jen Hendry</span>
Legal Pluralism: Challenging ‘Default Settings‘ in IHR
This paper argues employs the International Court of Justice (ICJ) case of the Bakassi Peninsula (2002) as a lens through which to consider fertile intersections of legal pluralism and human rights, with a focus on two particular issues. First, the challenge of addressing contemporary border disputes that can trace their origins to colonialisation, and; second,...