Podcasts about comparative law quarterly

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons.Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea.

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons.Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea.

Lecture summary: Property is a fundamental legal institution governing the use of things: who may own what, how and why. Given that such questions extend to a wide range of natural resources essential to human well-being, such as food, water and shelter, then it is reasonable to assume that human rights should play an important role in shaping property rights discourse and practice. And yet this assumption is somewhat misplaced. The relationship between property and human rights and property remains relatively underdeveloped in both practice and academic literature, and virtually non-existent when we move to the maritime domain. In this paper, I explore and question the role that property and human rights can and should play in the maritime domain. I outline how such rights arise and are protected under human rights instruments, before exploring how they might inform the moral and legal distribution of resources. In particular, I focus on how we might balance individual rights and public interests that arise in respect of property, and how these are informed by the nature of the oceans as a commons.Richard Barnes is Professor of International Law at the University of Lincoln and Adjunct Professor of Law at the Norwegian Centre for the Law of the Sea, the University of Tromsø. His current research focuses on the human right to property, ocean commons, and the BBNJ Agreement. He is widely published in the fields of international law and law of the sea. Property Rights and Natural Resources (2009), won the SLS Birks Book Prize for Outstanding Legal Scholarship. He has edited several collections of essays including Research Handbook on Plastics Regulation (2024), Frontiers in International Environmental Law. Oceans and Climate (2021), Research Handbook on Climate Change, Oceans and Coasts (2020), and The United Nations Convention on the Law of the Sea: A Living Instrument (2016). Professor Barnes a member of the ILA Committee on the Protection of People at Sea. He has acted as a consultant for the WWF, Oceana, ClientEarth, the European Parliament, the UK Department for Environment, Food and Rural Affairs. He has also provided advice to foreign ministries. He has appeared numerous times before Parliamentary select committees on matters related to law of the sea, fisheries and Brexit. He is on the Editorial Board of International and Comparative Law Quarterly, the International Journal of Marine and Coastal Law, the New Zealand Yearbook of International Law, the German Yearbook of International Law, and the Portuguese Yearbook of the Law of the Sea.

Dr Tamsin Phillipa Paige (Deakin Law School) joins us to talk about sociology of international law, queer theory, and French pâtisserie. Publications mentioned in the episode: Paige, Tamsin. “Piracy and universal jurisdiction.” Macquarie Law Journal, 12 (2013): 131–154.  Guilfoyle, Douglas, Tamsin Paige, Rob Mclaughlin. “The Final Frontier of Cyberspace: The Seabed Beyond National Jurisdiction and the Protection of Submarine Cables.” International and Comparative Law Quarterly, 71 (2022): 657-696. Paige, Tamsin. “Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the Peace' Under Article 39 of the UN Charter”. Deakin University, January 1, 2019. North, Claire. 84K.

This episode is the second instalment in a series of podcasts analysing accountability in the current Ukrainian conflict. In this episode we are talking to Dr Rebecca Barber, an expert in the United Nations General Assembly (UNGA) powers and humanitarian action, to discuss the power of the UNGA and its role in providing accountability for actors in the Russia-Ukraine conflict.Rebecca Barber is a Senior Human Rights Research Fellow with the Asia Pacific Centre for the Responsibility to Protect and is the recipient of the 2022 Article/Chapter (ECR) Award by the Australian Legal Research Awards.  Barber has extensive experience working with international humanitarian NGOs well as multi-sector humanitarian response programs in humanitarian crises around the world. She has also worked as a humanitarian advocacy advisor with Oxfam and Save the Children, and as a lecturer with the Centre for Humanitarian Leadership at Deakin University. Additional Resources:Rebecca Barber, ‘The Powers of the UN General Assembly to Prevent and Respond to Atrocity Crimes: A Guidance Document' (Asia Pacific Centre for the Responsibility to Protect, 29 April 2021) Rebecca Barber, ‘Cooperating through the General Assembly to End Serious Breaches of Peremptory Norms' (2022) 71(1) International and Comparative Law Quarterly 1 : Rebecca Barber, ‘An Exploration of the General Assembly's Troubled Relationship with Unilateral Sanction' (2021) 70(2) International and Comparative Law Quarterly 343: Rebecca Barber, ‘Does International Law Permit the Provision of Humanitarian Assistance Without Host State Consent? Territorial Integrity, Necessity and the Determinative Function of the General Assembly' (2020) 23 Yearbook of International Humanitarian Law 85. Alex Bellamy, ‘The Responsibility to Protect at 15: A Promise Unfulfilled' (Global Centre for R2P, 21 September 2020). Find other commentaries on the Global Centre's website. Watch ‘A conversation with the UN Special Advisers on the Responsibility to Protect' (2020) here on the Global Centre's website. Read the Secretary General's Annual Reports on R2P on the Global Centre's website. Read the 2009 ‘Report of the Secretary-General: Implementing the Responsibility to Protect' on the UN and the Rule of Law website.

Lecture summary: This talk reflects upon the evolution of territorial sovereignty in international law. Professor Shaw will trace the classic origin and formulation of this key concept and discuss the major challenges to it, from internal threats such as self-determination and secession to external challenges such as the rise of international human rights, international criminal law and international environmental law. What may be concluded as to the balance between globalisation and territorialism today? Professor Malcolm Shaw QC is a Senior Fellow at the Lauterpacht Centre for International Law and Emeritus Sir Robert Jennings Professor of International Law, University of Leicester. Author of International Law, 8th ed, 2017 (translated into Chinese, Hungarian, Polish, Portuguese and Turkish); of the 5th edition of Rosenne’s Law and Practice of the International Court of Justice, 2016, and of Title to Territory in Africa, 1986, as well as of many articles in leading journals such as the British Year Book of International Law, the International and Comparative Law Quarterly and the European Journal of International Law. Lectures delivered include the Hersch Lauterpacht Memorial Lectures in Cambridge (2010); the inaugural General Course on International Law at the Xiamen Academy of International Law, China (2006) and the first Shabtai Rosenne Memorial Lecture in the Peace Palace, Hague (2011). Former Trustee of the British Institute of International and Comparative Law. Elected Associé of the Institut de Droit International in 2013. Practising barrister at Essex Court Chambers specializing in public international law.

Following a difficult and protracted process, in 2014 the UNGA adopted Resolution 68/268 which set out to strengthen the UN human rights treaty body system. It mandated a further review in 2020. The proposals which are emerging for that review have the potential to radically change the nature of the UN human rights system - but whether for better or worse is keenly contested. In his talk, Malcolm Evans, who has been a participant in these developments, will outline the background to the proposals and offer a personal assessment, from a treaty body perspective, of their significance for the future of the machinery of international human rights protection. Malcolm Evans is Professor of Public International Law at the University of Bristol, UK where he has taught since 1988. His areas of legal specialism include both international human rights protection and the international law of the sea. In the field of human rights his particular interests concern torture and torture prevention and the protection of religious liberty under international law, on both of which he was written extensively. He became a member of the UN Subcommittee for the Prevention of Torture (the SPT) in 2009 and since 2011 has been serving as its Chair. From 2014-2015 he was the Chairperson of the Meeting of Chairs of UN Human Rights Treaty Bodies. From 2002 – 2013 he was a member of the OSCE ODIHR Advisory Council on the Freedom of Religion or Belief. He is also a member of the UK Foreign Secretary’s Human Rights Advisory Group. He has acted as an independent advisor and consultant for numerous international organisations over many years. From 2003-5 he was Head of the School of Law and from 2005-2009 Dean of the Faculty of Social Sciences and Law at the University of Bristol. From 2016-2018 he was a member of the Commission on Religious Education established by the Religious Education Council. Since 2015 he has been a Member of the Independent Inquiry into Child Sexual Abuse in England and Wales (IICSA). He is General Editor of the International and Comparative Law Quarterly and Co-Editor in Chief of the Oxford Journal of Law and Religion. Major published works include: Religious Liberty and International Law in Europe (CUP, 1997), Preventing Torture (OUP, 1998), Combating Torture in Europe (Council of Europe, 2002), Manual on the Wearing of Religious Symbols in Public Areas (Council of Europe/Brill, 2009), The Optional Protocol to the UN Convention against Torture (OUP, 2011), The Changing Nature of Religious Rights under International Law (ed) (OUP, 2015), Preventing Torture in Europe (Council of Europe, 2018). He is Editor of International Law (OUP, 5th ed, 2018) and Blackstone’s International Law Documents (OUP, 13th ed, 2017).

An analogy between States and international organizations has characterised the development of the law that applies to intergovernmental institutions on the international plane. That is best illustrated by the work of the International Law Commission on the treaties and responsibility of international organizations, where the Commission for the most part extended to organizations rules that had been originally devised for States. The talk will reflect on the foundations and limits of the assumption that the two main categories of international legal subjects are analogous for certain purposes, and discuss the elusive position that international organizations occupy in the international legal system. About the speaker: Fernando Lusa Bordin is a Thornely Fellow and Lecturer in Law at Sidney Sussex College and an Affiliated Lecturer at the University of Cambridge. His research focuses on topics of public international law, including law-making, international organizations and the intersection between international law and legal theory. He holds an LL.B. from the Federal University of Rio Grande do Sul (Brazil), an LL.M. from New York University, and a PhD from the University of Cambridge. He is a recipient of the Yorke Prize (University of Cambridge), Young Scholar Prize (International & Comparative Law Quarterly) and the Diploma of Public International Law (Hague Academy of International Law).

In this lecture, which is based on his 2017 German Law Journal article, Matthew will argue for a reading of the work of Martti Koskenniemi—arguably the most significant international legal thinker of the post-Cold War era—as an exercise in (Lacanian) psychoanalysis. Excavating the links between Koskenniemi and French psychoanalyst Jacques Lacan, and analyzing the origins of those links in Koskenniemi’s debt to the Harvard branch of the American Critical Legal Studies (‘CLS’) movement, Matthew will argue that over almost thirty years Koskenniemi has employed psychoanalytic techniques to rebuild the self-confidence of international law(yers). The success of this confidence-building project explains the acclaim Koskenniemi’s work enjoys. As international law’s psychoanalyst he has defined the identity of the international lawyer and mapped the structure of international legal argument, stabilizing international law’s present reality by synchronizing it with narratives of its past. Any attempt to destabilize that reality or depart from present structures into an alternative future must start from an analysis of Koskenniemi’s methods and it is in this sense, and not out of a more pure interest in Koskenniemi’s work, that Matthew seeks to deconstruct Koskenniemi’s oeuvre. This lecture seeks to situate Koskenniemi’s method, reveal his choices and explore their limits in an effort to develop (tentative) proposals for a “new” international law(yer) and an international legal future outside the structure that Koskenniemi has mapped so effectively and affectively. Dr Matthew Nicholson joined Durham Law School as Lecturer in International Law in September 2016. Before joining Durham he worked at the University of Southampton as Lecturer in Public International Law (2012-2016), having completed his PhD at UCL in 2013. Matthew's work has been published in specialist and generalist law journals with international reach. His 2015 article 'The Political Unconscious of the English Foreign Act of State and Non-Justiciability Doctrine(s)' won the International and Comparative Law Quarterly's 'Young Scholar Prize'. He has also published in Law and Literature, Law and Critique, and the Northern Ireland Legal Quarterly. His research and teaching interests cover all aspects of international law, with particular interests in international legal theory, international environmental law and policy (climate change in particular), and the relationship between national and international law.

In this episode we will speak with Mark Royce about the church’s role in the European integration project that has developed into the European Union. As part of his doctoral dissertation, Royce examined how the historic influence of the Roman Catholic Church and various Protestant denominations in Europe helped some countries accept integration while others resisted. Mark Royce currently teaches political science at George Mason University and NVCC Annandale. He has written previously for Providence as well as for The European Legacy, International & Comparative Law Quarterly, and the Journal of Church & State. When we first recorded this podcast late last summer, Palgrave Macmillan was considering Royce’s dissertation for publication. I am happy to report that it was accepted and will be released in June of this year under the title The Political Theology of European Integration: Comparing the Influence of Religious Histories on European Policies. You can preorder at Amazon now, and we will provide a link to this page at ProvidenceMag.com/podcast. Be sure to subscribe to the podcast, whether through iTunes, SoundCloud, or elsewhere. Please leave us a review on iTunes since this will help more listeners find the podcast. If you have any comments, tweet at us @ProvMagazine. Also be sure to visit our website, ProvidenceMag.com. While there, you can subscribe to our print edition for $28 a year, or you can donate to help keep us going.