Whilst the collection of PNR data is increasingly perceived by States as a vital risk assessment tool against security threats, the delivery, on 26 July 2017, of the CJEU‘s negative Opinion on the new envisaged EU-Canada PNR agreement – where the Court found that several provisions of the said draft agreement did not comply with...
Tag: <span>TUESDAY JUNE 26 2018 11:00 AM – 12:30 PM</span>
The One Belt and One Road (OBOR) Initiative: Reconceptualisation of State Capitalism vis-à-vis Remapping of Global Governance
Globalisation has led to asymmetric engagement and opportunities. While the new power is seeking to integrate institution building into the global policy architecture, the resulting inequity under the existing institutions trigger increased nationalist pushback. With its ample surplus financial capacity, China has been building up its soft power through the “One Belt and One Road“...
The Moral Market: Compelled Speech and Government Funding
What are the legal, moral and political obligations that attend the relationship between government and private actors accepting public money while exercising their right to freedom of religion in a liberal democracy? Using a Canadian case study in which the federal government requires all fund recipients for a grant program to sign an attestation that...
The Kelsenian and Schmitian views on the nature and use of emergency powers revisited: the lesson from Thailand‘s colour-coded politics
This paper will examine the collision between Kelsenian and Schmittian ideas in relation to Thailand‘s contemporary colour-coded crises. The application of the Kelsen-Schmitt debate in the Thai context exemplifies the declining dominance of the Schmittian idea. Though the “Yellow-shirt“ faction in Thai politics is still capable of engineering a military coup—the exercise of sovereign decisionism...
The role of the Inter-American Court of Human Rights in protecting women against endemic violence.
In some Latin-American countries, violence and discrimination against women is an endemic issue. Starting from the 2009 Cotton Field case [González et al (‘Cotton Field‘) v México, Series C 205 (16 November 2009)], the IACtHR has converted itself in a human rights court leader in judging under the gender perspective paradigm. Thus, this paper will...
The role of cultural heritage policies in the definition of a national identity
Cultural heritage, both in its material and immaterial forms, has been, and still is, one of the key elements that a State aims to identify and protect as part of its national identity. The first cultural heritage regulations, particularly in Italy and also globally, were structured with the purpose of retaining cultural property within national...
The role of Sharia in women‘s rights in Iran: promotion and restriction
The idea that a dual system exists in Muslim countries, one de jure legal system and one based on sharia, has generated a plethora of debates on the mutual relations between these two systems. This relationship is made more complex due to the fact that in some Muslim countries –as in Iran – sharia is...
The Resilience of Transnational Regulatory Networks in the Age of Authoritarian Pushback
At the end of the 90s, Anne Marie Slaughter claimed transnational regulatory networks (TRNs) were an extremely promising form of global governance because of their flexibility, speed, and informality. This optimistic attitude changed in the aftermath of the global financial crisis. At the beginning of this decade, David Zaring argued that the crisis showed the...
The Puzzle of States and their Territory
No state can emerge without territory. However, only states (and some similar entities) possess territorial title. This creates a puzzle: statehood cannot emerge only in response to the rights that it grounds. Maybe the capacity to possess title is a consequence of statehood, whilst control of territory is one of its antecedents? This achieves consistency...
The Regional Constitution of the Investee State
This paper argues that domestic arrangements are not only changed by formal international norms. They are also transformed by State narratives as to why these norms should have authority within their territories. This is particularly so with regional trade agreements. Authority for their wide-ranging claims to obedience cannot provided by the meagre gains supplied by...