CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Gaza, Venezuela and International Law

Gaza, Venezuela and International Law

1. After the genocide in Gaza, we did not expect 2026 to be a year of peace. The biggest desire of Trump, "the great peacemaker," was to win the Nobel Peace Prize. But his first statements after the attack on Venezuela and Maduro's abduction show that the peacemaker was just a mask behind which hid a warmongering old man who was as excited about the military operation as a child who had just opened his New Year's gifts. "It was an excellent plan and many excellent military personnel and excellent people," Trump told the New York Times. "It was a brilliant operation." The legal language was left to others—ministers and government officials—who explained that Maduro would be "brought to justice" for corruption, drug trafficking, and narco-terrorism. Oil and minerals shine brighter than the Nobel Prize. As the United Nations and many state leaders argue, Trump's raid violated several rules of international law, first and foremost Article 2 (4) of the UN Charter. The Charter allows the…

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ARTICLES

The Abaclat legacy: Investment Arbitration as an Obstacle to Greek Recovery

The Abaclat legacy: Investment Arbitration as an Obstacle to Greek Recovery

The agreement reached between the Eurogroup and the Greek government in the night between last February 20th and 21st has been considered by the former as ‘a comprehensive blueprint for putting the public finances and the economy of Greece on a sustainable footing and hence for safeguarding financial stability in Greece and in the Euro area as a whole’.

Unfortunately, the recent Abaclat award (2011), that affirmed the jurisdiction of an ad hoc panel of the World Bank’s arbitration arm the International Centre for the Settlement of Investment Disputes (“ICSID”) over a claim filed by over 160,000 Italian bondholders against Argentina for breach of the Italy-Argentina Bilateral Investment Treaty (“BIT”), might represent an obstacle toward the achievement of the goals of the Greek restructuring. The effect of Abaclat amounted to a declaration that the effective protection of the investment represents the sole term of reference of investment arbitration, independently from the legitimate interest of the state, and that this effectively permitted re-interpretation (if not simply overrode) Argentinian law, the relevant BIT, the terms and conditions of the bonds in question, and even (with respect to “mass claims”) the procedural rules of ICSID itself.

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Rescue the Greek People from their Rescuers!

Rescue the Greek People from their Rescuers!

At a time when one in two young Greeks is unemployed, when 25,000 homeless people wonder the streets of Athens, when 30% of the population has fallen below the poverty line, when thousands of families are forced to give up their children to save them from dying of…

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Collaboration… With Our European Partners

Collaboration… With Our European Partners

On Sunday there were massive demonstrations in Spain, with half a million people on the streets of Madrid and 450,000 in Barcelona, protesting against the labour ‘reform’ planned by the Partido Popular, the right-wing party that most closely represents the interests…

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Is History A Coherent Story?

Is History A Coherent Story?

Is history a coherent story? This is not the sort of question that is likely to be either asked or answered in the milieu I normally inhabit. In the universities of Europe and North America (and much of the rest of the world as well), the agenda has veered away…

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The Illegality of Power

The Illegality of Power

Law and juridical discourse play a central role in the configuration of power relations. In order to impose a programme of social cutbacks, a police action and even a protest mobilisation, force is needed. But so too is the ability to appeal to the law as a source of…

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Occupying Gender in the Singular Plural

Occupying Gender in the Singular Plural

Call me a sissy, but I’ve never particularly cared for being referred to as cisgender. Still, the work of transgendered activists within Occupy Wall Street has been one of things that keep me optimistic. At a November 13th teach-in at Zuccotti Park, just days before…

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Occupy Wall Street and the Left

Occupy Wall Street and the Left

Occupy Wall Street, for all its talk of horizontality, autonomy, and decentralized process, is recentering the economy, engaging in class warfare without naming the working class as one of two great hostile forces but instead by presenting capitalism as a wrong…

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City Rogues

City Rogues

Vince Cable in yesterday’s Guardian accepted that the City is a ‘source of systemic instability, unfettered greed and industrial scale tax dodging’ but blamed the problem on a small number of rogue institutions. The task it seems is to find the “few rotten apples”…

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KEY CONCEPTS

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SERIES / SYMPOSIA

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OVER A DECADE OF ARCHIVES

On Colonial Universality and other Legal Prerogatives: Reflections on Peter Fitzpatrick’s The Mythology of Modern Law

2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of Modern Law. An eloquent and incisive critique of Occidental law’s pretensions to secular origins, Fitzpatrick’s text remains of prime significance to scholars engaged with the constitutive forces of race, racism, and colonialism in the structure and political, philosophical and psychoanalytic imaginaries of modern law.

Against Agamben: Is a Democratic Biopolitics Possible?

Giorgio Agamben’s recent intervention which characterizes the measures implemented in response to the Covid-19 pandemic as an exercise in the biopolitics of the ‘state of exception’ has sparked an important debate on how to think of biopolitics. The very notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept Deconstruction by its very nature defies institutionalization in an authoritative definition. The concept was first outlined by Derrida in Of Grammatology where he explored the interplay between language and the construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

The cupcake is barely a cake. When we think about what “the cake-like” ideal should be, it is something spongy, moist, characterized by excess, collapsing under its own weight of gooey jam, meringue, and cream. It is something sickly and wet that makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

White Feminist Fatigue Syndrome

In her recent piece in Comment is Free, ” How feminism became capitalism’s handmaiden – and how to reclaim it” Nancy Fraser draws on her own work in political theory to argue that feminism at best has been co-opted by neoliberalism and at worst has been a capitalist venture of the neo-liberal project. What appears at first glance to be a…

Decolonizing the Teaching of Human Rights?

According to the new Bolivian constitution, education is "one of the most important functions and primary financial responsibilities of the State”; it is “unitary, public, universal, democratic, participatory, communitarian, decolonizing and of quality” (art. 78, I);...

#ACCELERATE MANIFESTO for an Accelerationist Politics

1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

Coughing out the Law: Perversity and Sociality around an Eating Table

It was lunchtime at Sydney’s David Jones, Australia’s up-market department store chain. So I headed down to the ‘food floor’. Whenever I have to shop at DJs I try to make sure I go there around midday, precisely so I can go down to the food floor and order the exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

Palestinian Resistance: The Political, Social and Human Right of Self-Defense

Once again the bombs are falling on the Gaza Strip, a stretch of territory excised from Palestine proper as a result of continuing illegal and illegitimate actions by Israel. In fact, Gaza has become a closed ghetto, first cut off from Palestine in violation of the partition plans and political programs and then turned into a sealed ghetto…

Punk, Law, Resistance … “I have set my affair on nothing”

In 1977 I was sixteen. Everything I have to say about punk is coloured by that fact, because sixteen was precisely the right age to be if punk was going to have a decisive impact on you. Because punk was not about your social class, gender or race, it was about your age, it defined a generation, and I belong to the punk generation. It defined…

Anonymous & the Discourse of Human Rights

In the last months, we have seen the emergence of ‘Anonymous’. In particular, in the days after the widespread attack on Wikileaks (following their publication of leaked US diplomatic memos) they emerged with a fairly credible threat to take down major global internet presences (belonging to both states and corporations). They have continued to…

Power, Violence, Law

Over the last two hundred years, the theory of right, now known as normative jurisprudence, has discovered its vocation in a frantic attempt to legitimise the exercise of power. It carries out this task by declaring that law and power are external to each other ontologically, politically, morally, the two are involved in a zero-sum game. In this…