International Law Past Paper PDF

Author and Article **Contemporary Challenge** **Role of international Law in addressing challenge** **Research question** **NO WHY Q's** **Author's main argument / Finding & CONCEPT LENSE** **Conceptual Lenses & research methods - authors approach to answering RQ** **Week 1 -- International L...

Author and Article **Contemporary Challenge** **Role of international Law in addressing challenge** **Research question** **NO WHY Q's** **Author's main argument / Finding & CONCEPT LENSE** **Conceptual Lenses & research methods - authors approach to answering RQ** **Week 1 -- International Law and Contemporary Challenges** Patel Teaching international law The evolution of teaching international law in light of critical debates about pedagogy, neoliberal influences on education, and the need for inclusivity and reflexivity in legal education. This challenge includes addressing the Eurocentric biases in traditional syllabi, integrating critical perspectives (e.g., gender, race, and class considerations), and reconciling the tension between technocratic and critical pedagogical approaches. Patel suggests that international law, as traditionally taught, plays a dual role. On one hand, it serves as a tool for imparting legal knowledge and developing global professionals. On the other hand, it is *complicit* in perpetuating hegemonic structures by *privileging Western-centric narratives* and *excluding marginalized perspectives*. The author advocates for a critical pedagogical approach that challenges these biases and fosters a more inclusive and reflective legal education. How can the teaching of international law evolve to address critical perspectives, decolonize the syllabus, and resist neoliberal influences on education? Patel highlights the increasing push to decolonize the curriculum and adapt teaching methods to better reflect the complexities of global power dynamics and diverse legal traditions. The article aligns with **interdisciplinary** research methods by integrating insights from sociology, political economy, post-colonial studies, feministic, aesthetics, education theory, and international law. It employs a **critical legal studie**s method to examine the underlying assumptions and power dynamics in legal pedagogy. This methodology mirrors **socio-legal** research techniques, emphasizing the need to contextualize legal norms within broader societal structures. Bianchi -- International Law Theories The world is naturally geared to view international law in a narrow way based on authority and power ingrained in our mind. The contemporary challenge discussed in the article is the neglect of theoretical and epistemological inquiry in the study and practice of international law. Law schools and professional training programs for international lawyers focus heavily on practical applications rather than fostering critical engagement with the underlying theories and approaches that shape international legal systems. As a result, students and scholars often lack the tools to question the assumptions that inform international legal practices and knowledge production. The article argues that international law, as it is traditionally taught and practiced, contributes to the perpetuation of this challenge. The existing legal education system reinforces the marginalization of theoretical engagement by focusing on technical proficiency rather than intellectual curiosity. This reinforces a narrow view of international law as neutral and objective, rather than as a socially constructed field shaped by power dynamics and cultural biases. How can integrating theoretical approaches to international law enhance critical engagement and understanding within the field? The author contends that theoretical approaches are essential for deepening our understanding of international law. They allow scholars and practitioners to critically assess the assumptions, power dynamics, and epistemological foundations of the field. By exploring various theories, students and researchers can develop a nuanced view of how international law functions and evolve its practices to address systemic issues. The book emphasizes that legal theories are not just abstract ideas but actively shape the interpretation, application, and outcomes of international legal norms. **Theoretical** legal research method because it exposes and explains legal theories and their relationship with the law. **Week 2 -- Colonial Legacies, the Global South and IL** - Ideological critique of the structure and content of IL from a position of -- gender/feminist, class/Marxist, race/TWAIL - Challenges universalist tradition and stands up for groups not represented in law. - TWAIL coordinates -- history matters, empire moves, the south moves, the struggle is multiple, the struggle is here - This lecture also discussed climate change as a secutiy issue Eslava -- TWAIL Coordinates The contemporary challenge revolves around addressing the legacies of colonialism that persist in international law, transforming into new forms of informal imperialism. This includes the structural biases in international institutions (e.g., the IMF, World Bank), global economic policies, and human rights frameworks that disproportionately benefit powerful nations while marginalizing the Global South. International law is complicit in the challenge as colonialism is still very much part of the international order because it exhibits skewed power dynamics, development policies and investment frameworks are structurally biased, also, human rights law is very limited in what it can achieve to negate the effects of neoliberalism. International law's role is perpetuating global inequality, environment precariousness, racialisation and gendered hierarchies. What is the relationship between international law and imperialism, and how can the insights of TWAIL scholars inform a more just and inclusive global legal order? The author argues that TWAIL scholars argue for the transformative potential of international law. By challenging its assumed neutrality and exposing its imperial roots, they propose reimagining it to support decolonization and social justice. **Critical Legal Studies:** Challenges the neutrality and universality of international law, emphasizing its role in sustaining power hierarchies. **Historical** Methods: Examines the co-evolution of international law and imperialism through significant historical events (e.g., the Bandung Conference, decolonization). **TWAIL**: Focuses on the lived realities of the Global South and uses interdisciplinary methods (e.g., race, gender, class) to propose alternative visions for international law. Cusato -- Securitisation of climate change in IL The article identifies the securitization of climate change as a contemporary challenge. This refers to the framing of climate change as a peace and security issue, which influences international legal and political responses. The challenge lies in how this framing impacts visibility (visibility to the threats posed by climate change) and condemnation of violence (violence experienced by poor nations due to resource scarcity), potentially prioritizing certain narratives over others while embedding assumptions about threats and vulnerabilities. The author argues that international law plays a dual role in addressing this challenge. While it can facilitate global attention and coordinated action, it also perpetuates specific power dynamics and marginalizes alternative discourses. International law legitimizes dominant climate security narratives, often aligned with the interests of affluent nations, and overlooks the structural causes of climate change and its inequitable impacts. How does international law contribute to the construction and perpetuation of climate security discourses, and what are the implications for addressing climate change as a peace and security issue? The author argues that international law shapes and embeds dominant climate security discourses, which often reflect and reinforce existing inequalities. By focusing on securitization, these discourses frame climate change as an existential threat to affluent nations, sidelining justice claims and alternative perspectives. The analysis challenges the role of international law in legitimizing these narratives and advocates for a reimagined approach that foregrounds equity, historical responsibility, and systemic change. This aligns with critical legal studies by examining how international law constructs and reinforces power hierarchies. It involves **doctrinal** analysis to scrutinize legal texts and practices and theoretical inquiry to assess their broader implications. The research also draws on **interdisciplinary** methods, incorporating insights from political ecology and critical security studies to critique the securitization of climate change. Lieblich -- How to do research in IL The contemporary challenge discussed in the article is the complexity and contested nature of conducting research in international law. International law, unlike domestic legal systems, lacks a hierarchical structure and is fragmented, often with multiple frameworks applying to the same legal question. The difficulty of pinpointing customary law, managing vast and diverse secondary sources, and navigating the lack of a universally agreed-upon approach to legal sources creates significant obstacles for researchers, particularly beginners. On one hand, international law provides structured sources (treaties, customary law, and general principles) and guidance through Article 38(1) of the ICJ Statute. This helps frame research questions and identify relevant legal frameworks. On the other hand, the fragmented nature of international law, its reliance on contested interpretations, and its hierarchical ambiguities exacerbate the complexity of research. How can beginners navigate the complexities of conducting legal research in international law, particularly given its fragmented and contested nature? This approach emphasizes adaptability, critical thinking, and gradual skill-building to manage the inherent challenges of researching international law. This argument aligns closely with **doctrinal** legal research methods, emphasizing the analysis of primary sources like treaties and judicial decisions. It also connects with **socio-legal** approaches by encouraging researchers to examine law's interaction with societal structures and biases. By advocating for critical engagement with secondary sources, the article underscores the importance of methodological awareness in identifying and addressing biases within international legal scholarship. Pahuja -- Research Methodology The contemporary challenge discussed in the article is how to approach and articulate methodology in international legal research effectively. The author highlights that legal methodology often suffers from ambiguity and inconsistency, particularly in international law, which lacks a unified theoretical or methodological framework. The challenge lies in navigating the fragmented field of international law to craft rigorous, original, and meaningful research questions while maintaining relevance across disciplinary and practical boundaries. The article suggests that international law's lack of a hierarchical structure and diverse theoretical approaches complicates the development of clear methodologies. This creates challenges in ensuring coherence, rigor, and significance in research. The author emphasizes that international law scholars must pay attention to their methodological choices to bridge gaps between theory and practice while being aware of their intellectual traditions. how may we think about methodology as a practice of writing which helps us to conduct, refine and explain our research at multiple stages of an ongoing project? The author argues that ongoing conducting, refining, and explaining of our research methods during all stages of a project helps to achieve great research that is rigorous and thorough. Does not feat neatly into one. **Reflexive** methodology because she encourages research to reflect on how they frame research questions etc. Week 3 -- Military Use of Outer Space Peperkamp & Zwanenburg -- Military Law and Military Use of Space The contemporary challenge is addressing the lack of regulation of military activities concerning armed forces in space. The authors argue that while international law, particularly space law and general international law, provides some foundational principles, it is insufficient to address the complexities of military activities in space. How is the application of international law to the conduct of military activities in space underexplored and under regulated? **Normative RQ,** as it evaluates the existing legal framework and suggests how it could be adapted or improved to address the militarization of space. They propose that further research and the development of both binding and non-binding instruments are essential to ensure the sustainable and peaceful use of space. This argument employs a **doctrinal** approach by analysing treaties like the OST and their interpretation in light of state practice and non-binding guidelines. It also uses **comparative** legal analysis, referencing developments in analogous domains (e.g., air and maritime law) and initiatives like the MILAMOS and Woomera manuals to suggest potential pathways for the evolution of space law. Schmitt & Tinkler -- How IHL might apply The contemporary challenge is that the legal framework for military operations in space represents deficiencies in the understanding of the applicable law. Such uncertainty increases the chance of errors in the conduct of military operations in space. However, the unique characteristics of space warfare complicate the application of principles like distinction and proportionality. Existing frameworks, while adaptable, face interpretative and practical challenges. International law plays a dual role. It offers a baseline of principles (e.g., distinction and proportionality) that help regulate space conflict, preventing indiscriminate or excessive harm. However, it is also complicit in the challenge due to its insufficient specificity and the lack of enforceable mechanisms tailored to space warfare. On the other hand, the open-textured nature of many rules of international law, including space law, allows for interpretations that adapt to new developments How does IHL apply to outer space military conduct and what are the challenges involved in applying it to this unique domain? Descriptive RQ, as it describes the law. Critical RQ also as it critiques the laws application to space military conduct. The unique physics of that domain, can render the interpretation and application of existing IHL principles and rules especially challenging The article employs **doctrinal** legal research, analysing primary legal texts (e.g., treaties, ICJ opinions) and authoritative interpretations (e.g., ICRC reports) to evaluate the applicability of IHL to space warfare. It also utilizes **comparative** analysis, drawing parallels to cyber law to address analogous challenges. This approach aligns with the methods used in studying evolving areas of law, where established principles must be adapted to new contexts. Week 4 -- Migration Law - Labour migration, family migration - International migration law has been overtaken by EU law - Migration deterrence is prominent -- externalising migration control -- collaboration with organisations to manage migration processes like IOM. Crisp -- UNHCR -- uncertain future for refugee regime The contemporary challenge discussed in the article is the increasing fragility of the international refugee regime and the constraints faced by the UNHCR in addressing the growing and diversifying needs of refugees The author suggests that international law plays a limited role in addressing the challenges of the refugee regime. Instruments like the 1951 Refugee Convention provide a framework for protection but are undermined by states\' reluctance to comply. Nonbinding agreements such as the Global Compact on Refugees, while symbolically significant, fail to enforce obligations like responsibility sharing or protection guarantees, leaving gaps in refugee protection. What are the main challenges facing the international refugee regime, and how can international law and multilateral institutions address these challenges? **Critical** research question -- describes current state of regime but also critiques its limitations and explores improvements. The author argues that while the international refugee regime, led by UNHCR, has expanded significantly in scope and influence, it is increasingly constrained by political hostility, resource limitations, and nonbinding international frameworks. The article employs a **constructivist lens**, focusing on how international norms, state behaviour, and institutional frameworks shape the functioning of the refugee regime. It also reflects elements of **institutionalism**, analysing the role and capacity of UNHCR as a central institution within the refugee protection framework. **Doctrinal** -- looks at existing legal instruments to assess their scope, effectiveness, and applicability. **Historical** -- traces the evolution of UNHCR providing a timeline of its expansion and contextualising the current challenges by linking them to past developments in the refugee regime. Klabbers -- international organisation for migration The contemporary challenge is that the IOM is underexplored /neglected / confused, and the theory of functionalism is misunderstood. Specifically, the article highlights the tension between the IOM\'s state-driven functionalist mandate and its increasing influence on migration policies through market-based operations. This creates a paradox: while the IOM ostensibly acts as a service provider for states, its actions indirectly shape state policies and practices, challenging the traditional understanding of international organizations as mere instruments of their member states. International law enables IOMs work but also is complicit in the challenge as it creates a system or enables a system with state-driven interests dominate and even though it has non-profit motives, it operates in a private market. How does the law and practice of the IOM challenge the functionalist theory of international organizations, and what does this reveal about the ideological nature of functionalism in international law? IOM takes functionalist thought to extremes. The IOM's operations stretch this theory to its breaking point by acting more like a **private contractor** for individual states, often performing politically sensitive and controversial tasks. Functionalism lens -- international organisations operate via their designated functions **CLS** -- because it critiques the IOM and highlights bias towards states and instead of viewing law traditionally as neutral, it views law as a product of power structures, serving the interests of dominant states. **Doctrinal** -- because it looks at the constitution of the IOM **Socio-legal lens --** analysing how legal frameworks interact with political and economic realities -- market-based operations. Spijkerboer -- global mobility infrastructure -- reconceptualising the externalisation of migration control The contemporary challenge is that the global mobility infrastructure which is the physical structures and services and laws that enable some people to migrate and others to not -- questions whether IL is reproducing satisfaction -- classification of people based on specific criteria. While certain categories of people enjoy facilitated mobility through international laws and policies, others are excluded, forced to rely on dangerous and costly alternatives such as human smuggling. This creates a discriminatory global mobility infrastructure that entrenches socio-economic and racial inequalities. International law embodies and enforces the discriminatory principles of the global mobility infrastructure. It legitimizes exclusion through legal frameworks, such as visa systems and migration policies, that privilege certain nationalities and socio-economic groups. The law also allows states to externalize migration control while avoiding accountability for human rights violations. International law appears to be both a tool for systemic exclusion and a potential avenue for reform. How does the global mobility infrastructure reflect and perpetuate socio-economic and racial stratification, and what role does international law play in sustaining or challenging these inequalities? **Critical --** critiques the structure The author argues that the global mobility infrastructure is designed to selectively enable or deny mobility based on nationality, race, class, and gender. Lens -- power and inequality **CLS --** critiques assumptions and biases embedded in international law, highlighting its role in sustaining power hierarchies. **Doctrinal --** analyses legal texts and frameworks to show how international law facilitates exclusion and discrimination. Steer and Stephens -- IHL and outer space The article addresses the contemporary challenge of the militarization and potential weaponization of outer space, particularly how International Humanitarian Law (IHL) applies to armed conflicts involving space technologies. The authors argue that international law, including IHL, both applies to and is insufficient for regulating space warfare. While IHL principles provide a starting point, the ambiguity in their application to space-specific scenarios (e.g., determining military objectives among dual-use satellites) underscores the need for tailored legal frameworks. How does International Humanitarian Law (IHL) apply to armed conflicts involving space technologies, and what adaptations are necessary for its effective application in outer space? **Normative** -- evaluates the law but discusses adaptions needed. The authors argue that while IHL principles are applicable to space warfare, they require reinterpretation and extension to address the unique environment of outer space. **Historical --** looks at historical events that led to today's use of space. **Doctrinal --** analysing existing treaties and CIL to interpret their applicability. Week 5 -- International Finance Grabel -- The Changing Institutional Landscape of Financial Governance The contemporary challenge discussed in the article is the evolving and fragmented global financial governance architecture, particularly in Emerging Market and Developing Economies (EMDEs). This challenge arises from the inadequacies of the Bretton Woods Institutions (BWIs) to address the unique needs of EMDEs, leading to a demand for alternative financial arrangements. Supportive Role: International law enables the development of regional and transregional financial mechanisms, providing a legal framework for their operation and collaboration with BWIs. It also facilitates innovations like reserve pooling, developmental finance, and hybrid institutional models. Complicit Role: By upholding the dominance of BWIs and the existing global financial architecture, international law may inadvertently limit the autonomy and effectiveness of EMDE institutions. The linkage between regional arrangements (e.g., CMIM, CRA) and IMF surveillance reflects a reinforcement of BWI control rather than a truly independent alternative. \"How have recent financial crises influenced the development of decentralized financial institutions in EMDEs, and what impact do these institutions have on global financial governance?\" The author argues that the financial crises of the late 20th and early 21st centuries have catalysed the creation and evolution of decentralized financial institutions in EMDEs. These institutions, while not rivals to BWIs, complement, and challenge the existing global financial architecture. They are characterized by experimentation, incremental innovation, and the pragmatic adaptation of policymakers to evolving needs. Despite their fragmented and ad hoc nature, these innovations enhance financial resilience, increase policy autonomy, and provide greater voice and leverage for EMDEs within the global system. The author employs a doctrinal and empirical approach, analysing the design, operation, and evolution of financial institutions through primary sources (e.g., institutional frameworks, agreements) and secondary sources (e.g., scholarly analysis, economic reports). The argument also aligns with a critical legal studies perspective, questioning the power structures embedded in international law and its impact on financial governance. Bagchi -- depolitising money This article examines how the International Monetary Fund (IMF) contributed to the \"depoliticization\" of money and central banking during the 1970s and 1980s. Through legal instruments like conditionality and surveillance, the IMF institutionalized the objectives of \"price stability\" and \"central bank independence\" (CBI) globally, reframing central banking as a technocratic endeavor. The article also critiques this shift, exploring how the law, which facilitated this depoliticization, can potentially be used to reorient central banking towards progressive goals such as tackling inequality, poverty, and climate change. The author argues that international law, particularly through the IMF's legal instruments like conditionality and surveillance, has played a central role in creating the challenge. By embedding \"price stability\" and \"central bank independence\" as global norms, international law facilitated the depoliticization of central banking. The IMF's policies pushed this agenda worldwide, prioritizing inflation control even in developing countries where other goals, such as poverty alleviation and growth, might have been more urgent. However, the author also contends that international law can be a tool for reorienting central banking towards progressive ends. By revisiting the IMF's foundational mandates under its Articles of Agreement, the legal framework could be realigned to prioritize inclusive growth and development alongside macroeconomic stability. How has the IMF\'s legal framework contributed to the depoliticization of central banking, and how can international law be used to reorient monetary policy towards progressive socio-economic goals? Historically, banks were seen as developmental agents addressing political goals like poverty, inequality, and economic growth. The collapse of BTS shifted priorities to price stability. Central banks prioritised controlling inflation over developmental objectives. Depoliticization prioritized capital stability over broader socio-economic goals. The article employs a doctrinal approach, analysing legal texts such as the IMF's Articles of Agreement and policy papers to understand how legal mandates have shaped monetary policy. It also integrates socio-legal methods by contextualizing these legal developments within broader economic and political transformations. The author's argument highlights the interplay between law and policy, emphasizing the need for critical legal scholarship that interrogates how legal norms evolve and their socio-economic impacts. Merrino -- currency and settler colonialism: the Palestinian case The contemporary challenge discussed in the article is the use of currency policy as a systemic tool of settler colonialism by Israel in the Occupied Palestinian Territories (oPt). Specifically, the enforced circulation of the Israeli shekel (a process referred to as \"shekelization\") undermines Palestinian sovereignty, industrialization, and economic independence. This challenge highlights how currency internationalization under a hegemonic regime can exacerbate economic dependency, perpetuate inequalities, and serve as a coercive instrument to advance settler-colonial objectives. The author critiques international law and institutions for legitimizing and perpetuating the settler colonial economic structure through their endorsement of shekelization. For instance, agreements like the Paris Protocol institutionalize Israel\'s monetary dominance over Palestine while framing it as beneficial for economic integration. These frameworks fail to address the inherent political inequalities and instead normalize a status quo that facilitates Israel's strategic goals, including land dispossession and economic subjugation. However, the author notes that international law could potentially serve as a tool for challenging such dominance, provided it recognizes and dismantles the structural imbalances entrenched in settler colonial frameworks. How does currency policy function as a tool of settler colonialism in the Occupied Palestinian Territories, and what are the implications for Palestinian sovereignty and economic liberation? The author argues that the enforced circulation of the Israeli shekel is not merely an economic policy but a deliberate strategy of settler colonialism aimed at dispossessing Palestinian sovereignty. By integrating the oPt into a monetary system controlled by Israel, shekelization undermines industrial development, increases economic dependency, and reinforces the hegemonic settler state's objectives. The article highlights that the monetary arrangements are deeply political and must be understood within the broader settler-colonial framework rather than as neutral economic decisions. The article employs a doctrinal analysis of legal agreements, such as the Paris Protocol, while integrating socio-legal and historical approaches to critique how monetary policy serves as a tool for domination. It challenges orthodox economic theories by contextualizing monetary policies within power asymmetries and colonial frameworks. This interdisciplinary method aligns with critical legal studies that question the neutrality of law and its role in perpetuating power imbalances. Week 6 -- Climate Change Buser -- Climate change and rule of law The contemporary challenge discussed in the article is the insufficiency of international climate law to enforce meaningful climate action. The Paris Agreement and other international treaties lack binding obligations, clear standards, and mechanisms to hold states accountable for their commitments. This inadequacy has led national courts to step in and address climate-related gaps, but their efforts result in fragmented, regionally specific rules rather than a cohesive global framework. The author sees international law as both a partial solution and part of the problem. On one hand, the Paris Agreement provides a framework for setting climate goals and fostering international cooperation. On the other hand, its lack of binding commitments and clear standards contributes to the challenge. Courts use the agreement as a reference point but rely more on national or regional laws, which leads to fragmented accountability systems rather than strengthening a global rule of law. How do national climate litigation efforts impact the international rule of law, and do they help address the gaps in international climate governance? The author argues that national climate litigation partially compensates for the deficiencies in international climate law by enforcing climate action through constitutional and human rights frameworks. However, these efforts do not strengthen the international rule of law; instead, they create fragmented and regionally limited legal norms. This piecemeal approach does little to establish a cohesive global framework for climate governance. The author uses doctrinal analysis to evaluate court decisions and their references to international agreements like the Paris Agreement. The findings show that courts leverage international treaties as non-binding references to enforce national obligations but fail to develop a unified rule of international climate law. This method critically examines the legal interplay between national and international levels, revealing the limitations of current frameworks. Saiger -- domestic courts and PA The contemporary challenge discussed in the article is the dual role of domestic courts in the international climate change regime, particularly under the Paris Agreement. Domestic courts are tasked with enforcing international obligations of conduct and translating them into national obligations of result, despite the Paris Agreement's bottom-up approach, which gives states significant discretion. This duality creates challenges in linking international and domestic legal frameworks, especially when national contexts differ. The author views international law as a guiding framework rather than a direct enforcement mechanism. While international law, such as the Paris Agreement, establishes broad goals and obligations of conduct, it relies on domestic courts to operationalize these goals within national contexts. However, the article highlights that international law's reliance on non-binding obligations often leaves courts grappling with vague or conflicting mandates. The effectiveness of international law thus depends on the capacity of domestic courts to interpret and enforce its provisions in alignment with national legal systems. How do domestic courts fulfill their dual role as enforcers and creators of international climate law under the Paris Agreement, and what are the methodological implications of this role? The author argues that domestic courts play a hybrid role in the international climate change regime. While they enforce international obligations by interpreting and applying them to domestic cases, they also create law by shaping the substantive meaning of these obligations within national contexts. This dual role is influenced by the legal, institutional, and cultural frameworks of the domestic systems. A comparative approach is necessary to understand this interplay and to assess the integration of international norms into national legal systems. The research explores how domestic courts balance their role as enforcers and interpreters of international law under the Paris Agreement's bottom-up approach. The author employs a comparative legal method to analyse case studies (e.g., Thabametsi and Vienna Airport cases), demonstrating that courts rely on national legal frameworks to operationalize international climate goals. This analysis reflects a doctrinal approach, focusing on how courts interpret obligations and how their institutional and cultural contexts shape the enforcement of international law. Setzer and Vanhala -- climate change litigation The article discusses the challenge of using litigation as a tool for climate governance. While courts are increasingly involved in policy debates around climate change mitigation, adaptation, and loss/damage, the effectiveness and limitations of this approach remain unclear. The challenge lies in understanding how litigation interacts with legislation, governance, and scientific evidence to address climate change effectively. It also explores issues of time, scale, and human rights in litigation, raising concerns about whether such cases strengthen or undermine climate governance. The authors suggest that international law plays a supporting role in addressing climate change challenges through litigation, but its effectiveness is limited. The Paris Agreement, for instance, provides a framework for national action but lacks binding enforcement mechanisms, leaving room for courts to interpret and enforce compliance. International law also informs human rights-based climate litigation but struggles with causality, time, and territorial challenges. However, the authors recognize that international legal frameworks sometimes constrain progress by imposing procedural and jurisdictional barriers. How does climate change litigation influence climate governance, and under what conditions does it strengthen or undermine efforts to mitigate and adapt to climate change? The authors argue that climate change litigation plays a significant but uneven role in climate governance. It can enforce regulatory standards, compel governments and corporations to act, and raise public awareness. However, its effectiveness depends on factors such as legal norms, judicial capacity, and the socio-political context. The authors highlight gaps in research, including the need to study litigation in the Global South, the impact of lower-profile cases, and interdisciplinary approaches to assess litigation outcomes comprehensively. The article uses doctrinal analysis and systematic literature review methods to examine existing legal norms and their application in climate litigation. It also incorporates socio-legal methodologies to analyse the role of non-legal factors (e.g., political, social, and economic influences) in shaping litigation outcomes. This interdisciplinary approach aligns with contemporary legal research trends, emphasizing the importance of context in understanding the effectiveness of legal tools. Week 7 -- international law and technology Goldenfein and Leiter -- blockchain The article addresses the challenge of integrating blockchain-based smart contracts into traditional legal systems. These smart contracts, which operate autonomously and execute transactions based on pre-defined conditions, lack the flexibility and enforceability of traditional legal agreements. They cannot be modified or overridden once coded, even by judicial orders. The challenge involves creating mechanisms for dispute resolution and enforcement that reconcile the rigidity of smart contracts with the complexities of human and legal realities. The authors highlight that international law plays a peripheral but potentially crucial role in addressing this challenge. Mechanisms like the New York Convention (on the Recognition and Enforcement of Foreign Arbitral Awards) allow transnational arbitration decisions to be enforceable across jurisdictions, providing a bridge between blockchain transactions and traditional legal systems. However, the authors also caution that relying on arbitration might reinforce private ordering, which could sideline public interests and create regulatory gaps. How can blockchain-based smart contracts be integrated into existing legal systems to ensure effective dispute resolution, enforceability, and governance while maintaining their technological advantages? The authors argue that smart contracts and blockchain-based transactions require new legal frameworks that combine technical and legal standards. These frameworks should address disputes arising from automated transactions and ensure that outcomes are enforceable. They emphasize the need for hybrid approaches that integrate private arbitration and traditional legal oversight. The authors also highlight the political and normative implications of these systems, calling for public governance mechanisms to balance private interests. The article employs doctrinal and socio-legal methodologies. It analyzes primary legal frameworks like arbitration treaties and draws on historical analogies (e.g., the evolution of common law writs) to contextualize the challenges. It also incorporates interdisciplinary insights, blending legal, technical, and political perspectives to suggest pathways for integrating smart contracts into broader legal systems. This approach reflects a critical and holistic method of legal research. Schingler -- global cooperation The article explores the limitations of nation-states in addressing global challenges such as climate change, globalization, and networked communication. These challenges are compounded by the inability of territorially bound and centralized governance structures to adapt to the fluidity of modern, networked societies. The proposed solution is the concept of \"coordi-nations,\" a decentralized and participatory organizational structure that transcends geographic and institutional boundaries. The authors suggest that international law plays a limited yet potentially facilitative role in supporting coordi-nations. By interacting with existing legal frameworks, such as territorial sovereignty and international cooperation agreements, coordi-nations can carve out experimental spaces (exclosures) for governance innovation. However, the article emphasizes that coordi-nations aim to operate independently of traditional legal systems while maintaining symbiotic relationships with them. How can coordi-nations provide an effective governance model for addressing global challenges in a way that complements or transcends the limitations of nation-states? The authors argue that coordi-nations represent a new institutional structure that enables global cooperation through voluntary participation, decentralized decision-making, and shared values. By leveraging modern communication technologies, coordi-nations offer a scalable, adaptable governance framework that is not limited by territorial boundaries. They create spaces for mutualism, solidarity, and collective action, fostering a sense of identity that is both pluralistic and agentic. While coordi-nations coexist with nation-states, they do not replicate or directly compete with them, instead carving out spaces for innovative governance. The article uses a normative and interdisciplinary approach, blending socio-legal theory, technology studies, and institutional analysis. It explores the limitations of traditional legal frameworks and proposes coordi-nations as a practical and philosophical alternative. This aligns with research methods that critically analyze existing systems and propose solutions grounded in emerging technologies and societal needs. **Task Overview:** Provided with a short academic article or blog post of 6-8 pages. Your task is to critically engage with the article by answering the following prompts: 1. Contemporary Challenge: Identify the contemporary challenge discussed in the article. Describe this challenge in your own words. 2. Role of International Law: Critically evaluate the role of international law in addressing the challenge presented in the article. To what extent does international law help in resolving the challenge? To what extent is it complicit in constituting the challenge? First restate what the author seems to think and then state your own impressions. 3. Research Question and Author's Argument: What is the possible research question guiding the article? How does the author answer this question? Paraphrase the research question and argument in your own words and relate them to the legal research methods covered in the course. - Make sure to refer to at least 3 other texts or lectures of the course and connect them to the analysis. **Learning Outcomes Covered:** - Critically evaluate and reflect on the core concepts, principles, and rules of international law in relation to selected contemporary challenges (ILO C5). - Assess the role of international law in world society (ILO C5). - Engage in structured legal argumentation, both in writing and orally (ILO C5). - Develop innovative ideas and proposals for change in the context of contemporary legal challenges (ILO C6). - Structure and write a well-organized academic paper (ILO C5). **Preparation Tips:** - Review Course Material: Familiarise yourself with the key themes, readings, and arguments from the course lectures and tutorials. - Practice Writing: Practice structuring and writing responses to similar academic texts (required readings), focusing on analysing legal arguments and their connection to contemporary challenges. - Engage with Legal Research Methods: Be prepared to apply the legal research methods discussed in the course to your analysis. ### **1. Doctrinal Approach** - **Definition**: A traditional legal research method focusing on analyzing, interpreting, and systematizing legal texts, such as statutes, case law, and treaties, to clarify legal principles. - **Key Features**: - Examines \"what the law is.\" - Relies on legal reasoning and textual interpretation. - Identifies gaps or inconsistencies in the law. - **Example**: Interpreting international treaty obligations to determine compliance requirements. ### **2. Historical Approach** - **Definition**: A research method that examines the evolution of legal systems, principles, or institutions to understand their origins and how they have changed over time. - **Key Features**: - Explores the influence of historical events on legal systems. - Uses archival materials, historical texts, and legal doctrines. - Provides context for understanding current legal frameworks. - **Example**: Investigating how colonial histories influenced the development of international law. ### **3. Critical Legal Studies (CLS) Approach** - **Definition**: A critique-focused method that challenges traditional legal systems by exposing the biases, power dynamics, and ideologies that perpetuate inequality. - **Key Features**: - Questions the neutrality and objectivity of the law. - Explores how law reinforces social and political hierarchies. - Advocates for reforming legal systems to address systemic inequalities. - **Example**: Examining how property laws reinforce economic disparities. ### **4. Functionalist Approach** - **Definition**: A sociological approach that studies how law functions in society, focusing on its role in maintaining order, resolving disputes, or achieving specific societal objectives. - **Key Features**: - Examines the purpose and societal effects of legal systems. - Considers law's adaptability to social needs. - Views law as a tool for managing societal functions. - **Example**: Analyzing the effectiveness of anti-corruption laws in maintaining governance. ### **5. Feminist Approach** - **Definition**: A research method that critiques laws and legal systems from a feminist perspective, focusing on how they impact gender equality and perpetuate patriarchal structures. - **Key Features**: - Highlights gender biases and exclusions in legal systems. - Advocates for the inclusion of women\'s experiences in law. - Seeks reforms to promote gender justice. - **Example**: Critiquing labor laws for failing to address wage disparities between men and women. ### **6. Law and Economics Approach** - **Definition**: An interdisciplinary approach applying economic theories to legal systems, focusing on efficiency, incentives, and cost-benefit analyses in law. - **Key Features**: - Analyzes the economic impact of legal rules. - Emphasizes efficiency as a measure of legal effectiveness. - Uses quantitative methods to evaluate legal phenomena. - **Example**: Studying how intellectual property laws incentivize innovation. ### **7. Interdisciplinary Approaches** - **Definition**: A method that integrates insights and methodologies from multiple disciplines (e.g., sociology, economics, philosophy) to study legal issues comprehensively. - **Key Features**: - Broadens the scope of legal analysis. - Explores the societal, economic, and cultural dimensions of legal systems. - Addresses complex problems that require multi-disciplinary perspectives. - **Example**: Combining environmental science, economics, and international law to study climate change policy. ### **8. Geographical Approach** - **Definition**: A method that examines how geographic, cultural, and regional factors influence legal systems, doctrines, or practices. - **Key Features**: - Focuses on spatial dimensions of legal systems. - Analyzes regional variations in the application or interpretation of laws. - Explores the influence of geography on legal development. - **Example**: Comparing environmental law enforcement in developing versus developed countries. ### **9. Third World Approach to International Law (TWAIL)** - **Definition**: A critical approach to international law that focuses on the perspectives and interests of developing countries, particularly in relation to colonial histories and global power dynamics. - **Key Features**: - Critiques the Eurocentrism of international legal systems. - Examines how international law has historically marginalized the Global South. - Advocates for a more equitable and inclusive global legal order. - **Example**: Critiquing how international trade law disproportionately benefits developed countries at the expense of developing economies. LENSES / CONCEPTS / THEORIES ### **1. Realism** - **Definition**: A theory in international relations that assumes states are the primary actors in an anarchic international system and act to maximize their power and security. - **Key Assumptions**: - States are rational, self-interested actors. - The international system is anarchic (lacks a central authority). - Conflict is inevitable due to competition for power. - **Key Concepts**: Power, security dilemma, anarchy. - **Example**: Analyzing how states balance power in regional conflicts. ### **2. Liberal Institutionalism** - **Definition**: A theory that emphasizes the role of international institutions and cooperation among states to achieve mutual benefits and maintain peace. - **Key Assumptions**: - Institutions facilitate cooperation by reducing transaction costs and increasing transparency. - States are not the only important actors; institutions and non-state actors matter. - Mutual interdependence encourages collaboration over conflict. - **Key Concepts**: Institutions, interdependence, cooperation. - **Example**: Examining how the UN facilitates global health responses. ### **3. Constructivism** - **Definition**: A theory that focuses on the role of ideas, norms, and identities in shaping international relations and social systems. - **Key Assumptions**: - Reality is socially constructed through shared norms and ideas. - State behavior is influenced by identity, culture, and socialization. - Norms evolve over time and impact international relations. - **Key Concepts**: Identity, norms, social construction. - **Example**: Studying how human rights norms influence state behavior. ### **4. Marxism** - **Definition**: A theory that views international relations and global systems through the lens of class struggle and economic exploitation, emphasizing the role of capitalism in perpetuating inequalities. - **Key Assumptions**: - Economic structures shape political and social systems. - Class conflict between the bourgeoisie (owners) and proletariat (workers) drives societal change. - Capitalism is inherently exploitative and creates global inequality. - **Key Concepts**: Class struggle, capitalism, imperialism. - **Example**: Analyzing how multinational corporations exploit labor in developing countries. ### **5. Feminism** - **Definition**: A theory that critiques traditional systems and theories for ignoring gendered power dynamics and seeks to understand how gender shapes societal structures and international relations. - **Key Assumptions**: - Gender is a key factor in understanding power relations. - Traditional theories are often male-centric and exclude diverse perspectives. - Emphasizes the need for inclusive and equitable systems. - **Key Concepts**: Gender, patriarchy, intersectionality. - **Example**: Studying how peacebuilding processes exclude women's voices. ### **6. Post-Colonialism** - **Definition**: A theory that critiques the lingering effects of colonialism on global power structures, identities, and relations. - **Key Assumptions**: - Current global inequalities are rooted in colonial histories. - Knowledge production and international norms are shaped by colonial power dynamics. - Decolonization of knowledge and systems is necessary for equity. - **Key Concepts**: Colonial legacy, decolonization, epistemic violence. - **Example**: Examining how international development projects perpetuate colonial power dynamics. ### **7. Critical Legal Studies (CLS)** - **Definition**: A theory that challenges traditional legal systems, arguing that law is not neutral but reflects and perpetuates societal inequalities and power structures. - **Key Assumptions**: - Law is intertwined with politics and economics. - Legal systems reinforce existing hierarchies. - Critical engagement is necessary to expose biases and inequalities. - **Key Concepts**: Power, inequality, bias. - **Example**: Critiquing the Eurocentrism in international human rights law. ### **8. Functionalism** - **Definition**: A theory that views institutions as working toward fulfilling specific functions for the benefit of the system as a whole. - **Key Assumptions**: - Institutions operate independently to fulfill their purposes. - Cooperation arises to solve shared problems. - Stability and order are achieved through the effective functioning of institutions. - **Key Concepts**: Functions, interdependence, systemic stability. - **Example**: Studying how the International Monetary Fund (IMF) stabilizes global economies. ### **9. Third World Approaches to International Law (TWAIL)** - **Definition**: A critical perspective that examines international law from the viewpoint of the Global South, emphasizing historical injustices and the unequal distribution of power. - **Key Assumptions**: - International law has historically marginalized the Global South. - Legal systems are often tools of imperialism and neocolonialism. - Emphasizes the need for more equitable and inclusive legal structures. - **Key Concepts**: Global South, imperialism, decolonization. - **Example**: Critiquing how international trade agreements disproportionately benefit developed countries. ### **10. Rational Choice Theory** - **Definition**: A theory that assumes individuals and states make decisions by weighing costs and benefits to maximize their utility. - **Key Assumptions**: - Actors are rational and goal-oriented. - Behavior can be predicted through cost-benefit analysis. - Institutions help reduce uncertainty in decision-making. - **Key Concepts**: Rationality, utility maximization, strategic interaction. - **Example**: Analyzing voting behavior in international organizations. ### **11. Institutionalism** - **Definition**: A theory emphasizing the role of institutions in shaping the behavior of states and other actors within a structured system. - **Key Assumptions**: - Institutions reduce transaction costs and increase predictability. - They are central to fostering cooperation and compliance. - Institutions develop rules and norms that influence state behavior. - **Key Concepts**: Institutions, compliance, rules. - **Example**: Examining the effectiveness of the World Trade Organization (WTO) in resolving trade disputes.