CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

No Hearing, No Harm? Rethinking Jurisdiction and Protection in UAE v Sudan

No Hearing, No Harm? Rethinking Jurisdiction and Protection in UAE v Sudan

On 5 May 2025, the International Court of Justice (ICJ) removed the case of UAE v Sudan from its docket, declaring it “manifest” that it lacked jurisdiction under Article IX of the Genocide Convention (Order, para 14). Sudan alleged that the United Arab Emirates materially supported the Rapid Support Forces in Darfur, facilitating genocidal violence. It sought urgent provisional measures, its first application to the Court under the Convention. The Court’s response broke from its recent procedural posture in genocide litigation. In The Gambia v Myanmar and Ukraine v Russia, the ICJ held oral hearings and considered provisional measures despite unresolved jurisdictional objections. In UAE v Sudan, by contrast, the Court relied on the UAE’s reservation to Article IX to conclude that jurisdiction was excluded, and struck the case from the General List without hearing argument, testing Sudan’s legal reasoning, or...

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ARTICLES

Greek Politics from Below

Greek Politics from Below

Few people would want to be in the shoes of Greek Prime Minister George Papandreou these days. Faced with an ostensible mutiny in the ruling social-democrat PASOK party, his worries have been exacerbated by the appearance of an unprecedented, continuous wave of...

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Zones of Rage & The Vancouver Riots

Zones of Rage & The Vancouver Riots

The Vancouver riots were a moment of rupture of the sanitized image that our local elites cultivate about Vancouver The Beautiful as a global brand. The corporate media lost control of the huge collective energies it contributed to releasing on the streets by...

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Don’t shop? Then you must be undead

Don’t shop? Then you must be undead

We record for posterity the views of Stephen Roach, non-executive chairman of Morgan Stanley Asia and faculty member of Yale University. According to Mr. Roach (paywall): The global economy is being hobbled by a new generation of zombies – the economic walking dead....

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In Greece, we see democracy in action

In Greece, we see democracy in action

When Stéphane Hessel wrote in Time for Outrage! that indignation with injustice should turn to "a peaceful insurrection" perhaps he did not expect that the movement of indignados in Spain and aganaktismenoi (outraged) in Greece would take his advice to heart so soon...

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Charging Protestors

Charging Protestors

Last Thursday and Friday saw around forty-two people in the dock at Westminster Magistrates’ Court on charges relating to the protests before and after Christmas (10th, 24th and 30th November, 9th December 2010 and 26th March 2011). The court were clearly in a rush to...

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The New School for Privatised Inquiry

The New School for Privatised Inquiry

In 1919, John Dewey and others founded The New School for Social Research, intended to offer a democratic and general education for those excluded by existing structures. On the faculty side, this meant a staunch defence of academic freedom in the face of increasing...

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War Crimes after the War Ended

War Crimes after the War Ended

The history of war crimes is one of the sites of the politics of memory par excellence. The arrangements of world politics today still seat on the consequences of the Second World War -the permanent members of the UN Security Council being one of the more visible. The...

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Reanimating Human Rights

Reanimating Human Rights

It seems that the discussion over intervention in Libya and revolutions in Arab countries is over. In the midst of discussion over legality or righteousness of the intervention in Libya, the problem of the victims of the situation that lead to the intervention (and...

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Indignants at Syntagma – Greece

Indignants at Syntagma – Greece

Following the Spanish los Indignados protests, a number of days ago a facebook page suggested a similar protest in Syntagma Square in Athens on the 25th of May, at 6pm. Similar events are occuring in Thessaloniki, Patras and Heraklion. The live feed (click the...

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Class and Gender in Super-Injunctions

Class and Gender in Super-Injunctions

For the past three weeks, the media has been swamped with tales of superinjunctions. The press claim superinjunctions curtail freedom of speech, while celebrities and their lawyers argue that they are necessary to protect individual privacy. In my view, the claim to...

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Debtocracy

For the first time in Greece a documentary produced by the audience. “Debtocracy” seeks the causes of the debt crisis and proposes solutions, hidden by the government and the dominant media. www.debtocracy.gr

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The Queen’s Irish Visit

The Queen’s Irish Visit

The British Queen is visiting the Republic of Ireland, one hundred years since the last British monarch set foot on the shores. In this context, our friends at Irish Left Review have posted James Connolly's letter to the Irish Workers' movement, which is well worth...

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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

Following the death of Peter Fitzpatrick this month, we are reposting this series on The Mythology of Modern Law (first published on CLT on 3 August 2018) to mark the 25th anniversary of the book.2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of...

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...

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...

Law is a Fugue

BWV 895 Law is, metaphorically speaking, a fugue.Desmond Manderson has previously deployed the fugue metaphor to describe the mode with which he would present the aesthetic dimensions of law and justice. Here I am intensifying the metaphor in direct relation to...

Jacques Derrida: Deconstruction

Key Concept Img: Annie Vought | annievought.com 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...

Cupcake Fascism: Gentrification, Infantilisation and Cake

The Cupcake as Object 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...

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...

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

01. INTRODUCTION: On the Conjuncture 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...

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...

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...

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

1. I, Punk 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...

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...

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...