scholarly journals Diffuse subjects and dispersed power: New materialist insights and cautionary lessons for international law

2021 ◽  
pp. 1-22
Author(s):  
Jessie Hohmann
Keyword(s):  
International Law ◽  
Power Relations ◽  
New Materialism ◽  
Material Turn ◽  
Embedded Power ◽  
The Way

Abstract This article sets out the major tenets of new materialism and maps out its implications for international law. It considers what new materialism might offer for those of us working within international law in the way of new insights, resources, practices or politics. It first sets the contours of new materialism within the broader material turn. It then elaborates three main tenets of new materialism’s methodology, theory, and ontology: its attention to matter in its physicality; the embedded and entangled subject; and the vitality or agency of objects. The article focuses on how new materialist work might help us to understand, first, subjectivity and second, power and accountability in international law. It concludes that new materialist approaches offer important and compelling insights, working against entrenched categories and structures that continue to perpetuate or excuse violence and harm in international law’s doctrines and practices. These insights provide resources for rethinking power and subjectivity, and the role these play in international law. However, those of us working to consider how we can respond to pressing crises of justice and coexistence within international law may find new materialism most powerful when brought into relation, and deep conversation, with more structural methodologies. Notably ‘older’ (Marxist or historical) materialisms grasp embedded power relations and deep-rooted systemic harms in more concrete ways. This is, the article concludes, a conversation that international law scholars are well placed to contribute to, deepening both ‘old’ and ‘new’ materialist insights for international law.

Comparative Views on the Right to Vote in International Law

2018 ◽  
Author(s):  
Shai Dothan
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Courts ◽  
European Court ◽  
Right To Vote ◽  
The Right ◽  
Democratic Elections ◽  
The Way

There is a consensus about the existence of an international right to vote in democratic elections. Yet states disagree about the limits of this right when it comes to the case of prisoners’ disenfranchisement. Some states allow all prisoners to vote, some disenfranchise all prisoners, and others allow only some prisoners to vote. This chapter argues that national courts view the international right to vote in three fundamentally different ways: some view it as an inalienable right that cannot be taken away, some view it merely as a privilege that doesn’t belong to the citizens, and others view it as a revocable right that can be taken away under certain conditions. The differences in the way states conceive the right to vote imply that attempts by the European Court of Human Rights to follow the policies of the majority of European states by using the Emerging Consensus doctrine are problematic.

scholarly journals Mobilizing the Sense of “Fat”: A Phenomenological Materialist Approach

Human Studies ◽  
2021 ◽  
Author(s):  
Jenny Slatman
Keyword(s):  
Lived Experiences ◽  
Fat Body ◽  
The Body ◽  
New Materialism ◽  
Writing Style ◽  
Conceptual Frame ◽  
Fat Bodies ◽  
The Way ◽  
Phenomenological Exploration

AbstractThis paper aims to mobilize the way we think and write about fat bodies while drawing on Jean-Luc Nancy’s philosophy of the body. I introduce Nancy’s approach to the body as an addition to contemporary new materialism. His philosophy, so I argue, offers a form of materialism that allows for a phenomenological exploration of the body. As such, it can help us to understand the lived experiences of fat embodiment. Additionally, Nancy’s idea of the body in terms of a “corpus”—a collection of pieces without a unity—together with his idea of corpus-writing—fragmentary writing, without head and tail—can help us to mobilize fixed meanings of fat. To apply Nancy’s conceptual frame to a concrete manifestation of fat embodiment, I provide a reading of Roxane Gay’s memoir Hunger (2017). In my analysis, I identify how the materiality of fat engenders the meaning of embodiment, and how it shapes how a fat body can and cannot be a body. Moreover, I propose that Gay’s writing style—hesitating and circling – involves an example of corpus-writing. The corpus of corpulence that Gay has created gives voice to the precariousness of a fat body's materialization.

scholarly journals The Cognitive Psychology of Rules of Interpretation in International Law

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 258-262
Author(s):  
Anne van Aaken
Keyword(s):  
Cognitive Psychology ◽  
International Law ◽  
Vienna Convention ◽  
International Treaty ◽  
Treaty Law ◽  
Psychology Perspective ◽  
The Law ◽  
Biases And Heuristics ◽  
The Way

While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

The Head, the Hand, and Matter: New Materialism and the Politics of Knowledge

2018 ◽  
Vol 35 (7-8) ◽  
pp. 49-72 ◽  
Author(s):  
Paul Rekret
Keyword(s):  
Social Relations ◽  
Social Constructivism ◽  
New Materialism ◽  
Political Agency ◽  
Human Beings ◽  
Counter Narrative ◽  
Karen Barad ◽  
Material Turn ◽  
Material Conditions ◽  
Do So

This article seeks to examine the political connotations of a recent ‘material turn’ in social and political theory and its implications for theorizations of political agency. ‘New materialist’ theories are premised upon transcending the limits which social constructivism places upon thought, viewed as a reification of the division of subject and object and so a hubristic anthropocentrism which places human beings at the centre of social existence. Yet new materialist theories have tended to locate the conditions of the separation of mind and world they seek to overcome upon the terrain of epistemic or ethical error. By taking the work of Quentin Meillassoux, Jane Bennett and Karen Barad as exemplary, this article contends that new materialist theories not only fall short of their own materialist pretensions insofar as they do not interrogate the material conditions of the separation of the mental and material, but that the failure to do so has profound repercussions for the success of their accounts of political agency. This essay seeks to offer a counter-narrative to new materialist theories by situating the hierarchy between thought and world as a structural feature of capitalist social relations.

scholarly journals Interrogating the Founding Gestures of the New Materialism

2016 ◽  
Vol 22 (2) ◽  
Author(s):  
Dennis Bruining
Keyword(s):  
New Materialism ◽  
The Past ◽  
The World ◽  
Further Development ◽  
Selection Of ◽  
The Way

In this article, I aim to further thinking in the broadly ‘new materialist’ field by insisting it attends to some ubiquitous assumptions. More specifically, I critically interrogate what Sara Ahmed has termed ‘the founding gestures of the “new materialism”’. These founding rhetorical gestures revolve around a perceived neglect of the matter of materiality in ‘postmodernism’ and ‘poststructuralism’ and are meant to pave the way for new materialism’s own conception of matter-in/of-the-world. I argue in this article that an engagement with the postmodern critique of language as constitutive, as well as the poststructuralist critique of pure self-presence, does not warrant these founding gestures to be so uncritically rehearsed. Moreover, I demonstrate that texts which rely on these gestures, or at least the ones I discuss in this article, are not only founded on a misrepresentation of postmodern and poststructuralist thought, but are also guilty of repeating the perceived mistakes of which they are critical, such as upholding the language/matter dichotomy. I discuss a small selection of texts that make use of those popular rhetorical gestures to juxtapose the past that is invoked with a more nuanced reading of that past. My contention is that if ‘the founding gestures of the “new materialism”’ are not addressed, the complexity of the postmodern and poststructuralist positions continues to be obscured, with damaging consequences for the further development of the emerging field of new materialism, as well as our understanding of cultural theory’s past.

scholarly journals We are the Process: Reflections on the Underestimation of Power in Students as Partners in Practice

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Angela Kehler ◽  
Roselynn Verwood ◽  
Heather Smith
Keyword(s):  
Feminist Theory ◽  
Model Theory ◽  
Power Relations ◽  
Post Secondary ◽  
Pedagogical Theory ◽  
Embedded Power

The concept of Students as Partners (SaP) has much merit; however, further reflection on the power embedded in daily SaP processes and relationships is needed. In this article, we use the SaP model articulated by Healey, Flint, and Harrington (2014) to examine three reflections of SaP in practice from two different Canadian post-secondary contexts. Informed by critical pedagogical theory and feminist theory, we highlight sites of harmony and dissonance between the Healey, Flint, and Harrington (2014) model (theory) and our reflections (practice) and highlight embedded power relations in SaP processes and practices. We argue that there is often an underestimation of power in SaP. 

Contingency in International Law

2021 ◽  
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Present State ◽  
Foreign Investment ◽  
Armed Conflict ◽  
The Past ◽  
Present Volume ◽  
State Of Affairs ◽  
The Way

This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.

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