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1. Recycling Regime, Environment, and Exclusion of Electronic Scrap Workers in Delhi

Author:
Gayatri Jai Singh Rathore
Publication Date:
11-2026
Content Type:
Working Paper
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
In recent years, the Indian e-waste sector has undergone a process of formalisation through the implementation of E-waste Management Rules (2016), leading to the creation of what I call recycling regime. The upper and middle classes, along with NGOs and industry actors, are frontrunners in thinking about e-waste policies. They were prompted by a twofold motive: the desire for a “world-class”, clean, and pollution-free city; and seizing business opportunities by extracting value from e-waste. Rather than replacing the State, they co-opted the State so that it would legislate to safeguard the environment, and address toxicity and health problems associated with e-waste. Recycling regime relies on formalisation processes embedded in multiple technologies – technicity, capital-intensive facilities, certifications, authorisations, and licences – that work together to exclude the “informal” sector from the e-waste governance system. Recycling technologies act as “technologies of domination” that further contribute to sidelining the “informal” labour of scrap workers or e-kabadis, who as Muslims already find themselves on the margins of society. However, the recycling regime fails to safeguard the environment in the end as e-waste trickles down back to the informal sector via authorised actors.
Topic:
Civil Society, Economics, Environment, Globalization, Health, Markets, Poverty, Governance, Law, Urbanization, Emerging States, and Norms
Political Geography:
South Asia and India

2. The Impact of Increased Mass Litigation in Europe

Author:
Fredrik Erixon, Oscar Guinea, Dyuti Pandya, Vanika Sharma, Elena Sisto, Oscar du Roy, Renata Zilli, and Philipp Lamprecht
Publication Date:
03-2025
Content Type:
Working Paper
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
The purpose of this study is to better understand the growth of mass litigation in the European Union (EU) and its economic consequences. European authorities have long encouraged consumers to seek redress through private litigation in European competition law and, more recently, they have shifted their focus towards collective actions in a broad range of areas, including data privacy and product liability. Facilitating access to justice through collective actions is not a cost-free option. Unfortunately, there is a lack of economic analysis on the consequences of an increase in collective action cases in the EU. It is crucial to understand the economic consequences of a “mixed regime” – that is, a regime based on both ex-ante public enforcement through regulation and ex-post enforcement through private litigation. The combination of these two enforcement models raises questions about how the system is intended to work together and what the consequences might be for the economy. This study examines the economic implications of these developments in the EU.
Topic:
Law, European Union, Regulation, Regional Economy, and Litigation
Political Geography:
Europe

3. Episode 04: Exporting the War on Terror: Islamophobia in Asia

Author:
Sahar Aziz and Khaled A. Beydoun
Publication Date:
03-2024
Content Type:
Video
Institution:
Center for Security, Race and Rights (CSRR), Rutgers University School of Law
Abstract:
Host Sahar Aziz and Arizona State University Sandra Day O'Connor College of Law Professor Khaled Beydoun discuss the latest legal and political developments in the troubling rise of global Islamophobia in India, China, and other Asian countries. The conversation is informed by Professor Beydoun’s new book The New Crusades: Islamophobia and the Global War on Muslims.
Topic:
Politics, Law, Discrimination, Islamophobia, War on Terror, and Muslims
Political Geography:
China, India, and Asia

4. War, Peace, and Law

Author:
Miguel Ayuso
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Baku Dialogues
Institution:
ADA University
Abstract:
We are going to deal with peace in relation to law in the broad context of the Western philosophic tradition, presented in these pages through a traditional Catholic prism rooted in what one can characterize as Thomistic realism. Naturally, when defining peace, war appears by comparison or opposition. And, naturally, it is therefore also necessary to deal with war in some detail in order to contribute to a better definition of peace. First of all, some doubt arises about this relationship. For if peace is—in St. Augustine’s definition—the tranquillity of order, it is not only the absence of war, but something positive: order, hierarchy, harmony, etc. But if, on the other hand, it is the neutralization of conflict, as Italian academician Danilo Castellano says, that war must somehow make its presence felt again, even if its disappearance is postulated. We shall deal briefly with both in what follows, concluding with a reminder of “just war” and a conclusion on “just peace."
Topic:
War, Law, Philosophy, and Peace
Political Geography:
Global Focus

5. How the International Investment Law Regime Undermines Access to Justice for Investment-Affected Stakeholders

Author:
Ladan Mehranvar
Publication Date:
01-2024
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
For over a decade now, the international investment law regime, which includes investment treaties and their central pillar, the investor-state dispute settlement (ISDS) mechanism, has been facing sustained calls for reform. These have largely centered on the concerns regarding the high costs of ISDS, the restrictions placed by the investment treaty regime on the right—or duty—of states to regulate in the public interest, and the questionable benefits arising from these treaties in the first place. Several states have taken proactive measures: some have revised investment treaty standards to better protect their regulatory powers;1 others have introduced new approaches to investment promotion, protection, and dispute settlement that more closely align with their sustainable development objectives;2 and some states have withdrawn from the investment treaty regime altogether.3 In addition, reforms to the regime are taking place at the multilateral level within the United Nations Commission on International Trade Law (UNCITRAL),4 the Organization for Economic Cooperation and Development (OECD),5 the World Trade Organization (WTO),6 and through other regional fora.7 Despite being the subject of extensive and prolonged public debate for several years, these reforms have continued to reinforce the binary structure of the regime. This structure restricts the focus of investment relations solely to investors and host states, disregarding the actual or potential impacts of investment projects, relations, disputes and awards on the rights and interests of other impacted stakeholders. In particular, large-scale, land-based investment projects involve a broad network of people and relations, and often intersect with local communities whose social identity, way of life, and livelihoods are intimately connected to the land and natural resources at stake.8 It is this category of investments, which result in the creation of a new “project” with a large land footprint, that is the topic of this paper. The consequences of these types of investments can be significant, as they often lead to land expropriations, negative human health consequences, water pollution, air contamination, deforestation, or shifts in migration patterns within the area,9 thereby impacting the rights and interests of people in these communities and the environment more broadly. From the perspective of investment-affected communities,10 foreign investments arise out of a partnership between the investor and the state.11 After all, it is the government that facilitates the establishment and development of these very projects. Meanwhile, these impacted people are often not consulted or involved in project establishment or development, and many may not even know that a project has been approved until after it has been approved or once it is operational. According to scholarship in this area,12 these affected individuals and communities often find themselves in a situation where they must assert their rights against the negative impacts of such projects, or resist these projects by mobilizing, protesting, or resorting to legal (and non-legal) measures against the investor and/or the state. This dynamic is frequently reflected in investment disputes, in which foreign investors challenge measures that state agencies have taken in response to, inter alia, local opposition to investments, in an attempt to safeguard their economic interests.13 However, even though the underlying investments, government measures, ISDS disputes, and any resulting awards often implicate local people and communities in profound ways, these stakeholders find it difficult, if not impossible, to assert their rights and have their concerns addressed in investment policy making, in the establishment or continuation of investment projects, and in any ensuing investor-state disputes that may arise under investment treaties (or investment contracts). In fact, the voices of investment-affected people are effectively, and in most cases, actually excluded from the “institutional logic” of the investment treaty regime.14 This is because of the narrow scope of the applicable treaties and the limited consideration given to human rights and domestic legal frameworks in ISDS proceedings. In addition, these communities often encounter legal and practical obstacles when seeking to protect their rights and interests under other instruments and fora, like international human rights law, or domestic and regional judicial systems. This is because victories won by investment-affected communities at these other fora are often pyrrhic since they may ultimately be undermined by the investment treaty regime if or when the investor succeeds in its ISDS claim. It is this local dimension, which has received little attention in public debate and action on reform at the global, regional, and national levels, that is the focus of this paper. We draw on a group of 13 investor-state claims (and two potential claims)15 that relate to the rights and interests of impacted communities and identify ways in which their access to justice is undermined, hampered or denied entirely by the ISDS mechanism.16 Before describing the ways that access to justice is undermined or denied in these ISDS cases, we first define the term “access to justice” below.
Topic:
Human Rights, Law, Investment, and Stakeholders
Political Geography:
Global Focus

6. Habbal et al v Argentina: The Inter-American Court of Human Rights’ Test on Arbitrary Deprivation of Nationality

Author:
Maria Jose Recalde-Vela
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The right to a nationality is enshrined under art 20 of the American Convention on Human Rights (‘ACHR’),1 which states that: 1.Every person has the right to a nationality. 2.Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality. 3.No one shall be arbitrarily deprived of his nationality or of the right to change it. The two bodies that oversee the implementation of the ACHRare the Inter-American Commission on Human Rights (‘IACommHR’) and the Inter-American Court of Human Rights (‘IACtHR’).2Despite the fact that not many cases concerning violations of art 20 of theACHRhave been heard before the IACtHR, the Court’s decisions to date have ‘reinforced guarantees against statelessness which establish limits to State discretion in this regard’.3 This is also true in matters concerning the right to a nationality. This case note discusses the case of Habbal et al v Argentina(‘Habbalet al’),4 in which several important issues were raised regarding nationality matters and broader human rights questions in the context of human mobility. This note analyses the matter of arbitrary deprivation of nationality, as the case offers an important addition to the IACtHR’s jurisprudence on nationality. Even though the ruling was not in favour of the victims, this decision is nevertheless valuable for its discussion on the scope of the prohibition of the arbitrary deprivation of nationality; an issue of growing concern worldwide.
Topic:
Human Rights, Law, Nationality, Jurisprudence, Habbal et. al. v. Argentina, and Inter-American Court of Human Rights
Political Geography:
Argentina and South America

7. Horizontal Accountability Requires More than Legal Checks and Balances Systеm: Ten Asian Country Cases

Author:
Sook Jong Lee
Publication Date:
06-2024
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
Most countries, except closed autocracies, conduct popular elections. However, the quality of global democracy has been deteriorating. One of the most significant illiberal trends is the aggrandizement of executive power led by a popularly elected political leader. Strongmen often bend or simply violate democratic rules by abusing their executive power. The electoral mandate gives them legitimacy, making the efforts to check their executive power difficult. In this context, horizontal accountability based on the checks and balances systеm and oversight institutions is important to prevent the emergence of strongmen. However, horizontal accountability cannot function effectively unless its legal mechanisms are implemented in practice. Ten Asian country cases, presented in previously published ADRN working papers, demonstrated that horizontal accountability perform better when the legislature is not politically captured by the executive power and the judiciary is independent. Oversight institutions also require both political independence and institutional capacity. The electoral accountability of elected elites to voters helps the legislative branch to fulfill its role of constraining the excessive executive power. Independent media and civil society participation always assist both electoral and horizontal accountability.
Topic:
Law, Democracy, Accountability, Civic Engagement, and Political Participation
Political Geography:
Asia

8. International Register of Damage: The Guarantee of Recovering Justice in Ukraine

Author:
Olena Agapova
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This study addresses the urgent need to establish a comprehensive compensation mechanism for damages incurred by Ukraine due to Russian aggression. The research analyzes the legal, procedural, and practical aspects of the Enlarged Partial Agreement on the Register of Damage instituted by the Council of Europe. Methodologically, the study employs existing literature, legal documentation, and various scientific methods to understand the dynamics of compensation mechanisms. The study identifies unresolved issues through a comprehensive literature review and proposes solutions. The study underscores the pivotal role of the Ministry of Justice of Ukraine in meticulously documenting damages and proposes specific categories of compensation claims. Overall, the research highlights the significance of international cooperation and legal frameworks in restoring justice and providing accountability for those affected by the conflict.
Topic:
Law, European Union, Accountability, Russia-Ukraine War, Public Administration, and Council of Europe
Political Geography:
Europe and Ukraine

9. Finding Law in the History of Global Violence: An Interview with Lauren Benton

Author:
Lauren Benton and Daniel R. Quiroga-Villamarín
Publication Date:
07-2024
Content Type:
Commentary and Analysis
Institution:
The Toynbee Prize Foundation
Abstract:
Violence is, in the public imagination, the law’s radical Other. Brutality and cruelty, we tend to believe, are elements that flourish in law’s absence. Not only is the appearance of violence a symptom of the absence of order, but its bloody outbursts are taken to be utterly meaningless. The narrative of the emergence of “modern” law —both within, and beyond, the nation-state— is usually that of the triumph of reason and deliberation over violence. This progression supposedly entailed the prohibition (or at least, the domestication) of force in local and global politics. Against this rather rosy narrative, Lauren Benton invites us to read the ways in which violence and law act, together, to cement claims of global order. Benton does so by placing so-called “small wars” at “the center of a new history” of interpolity relations (p. xii). Instead of seeing them as mere “manifestations of insurgency and counterinsurgency,” she studies how a variety of practices (“raiding and other sporadic violence as well as conflicts that were small in scale, remained undeclared, or lasted for relatively brief periods”) were central to how European empires justified the legality of their expansion over the globe (p. 7). Such “small” wars, in fact, could be quite “big” in scale or “long” over time. What matters is that all these instances of violence oscillated at the “threshold of war and peace” (p. 8) —and, as such, raised thorny questions about their legal basis all long the imperial chain of command. The productive ambiguities offered by this “law of neither war nor peace” offered enormous opportunities for those who knew who to exploit them —as Benton shows by tracing how imperial agents negotiated this threshold at different times and places, from the Iberian Conquistadores “discovering” the Americas all the way to their successors in our own day and age (p. 184-185). The contours of this vague threshold were not, as Benton argues, predetermined by the metropolitan laws of expanding European empires. Pushing against histories of “diffusion” of laws of war from the West to the Rest (p. 9), Benton instead analyzes how agents in different imperial locales —for instance, in both the colonial frontier and heartland— raised arguments about the legality of violence within and beyond the threshold (p. 60). Moreover, “not just Europeans, and not just law-trained elites” were productively exploiting the ambiguities of this threshold (p. 17). The book is replete with cases in which non-lawyers (for example, a British captain patrolling distant seas) or local elites (for instance, rulers in South Asia) were active interpreters of the law applicable to the violence they encountered (p. 146). By bringing together a variety of materials from different continents and periods, Benton provides a thoroughly global account of the interpenetration of law and violence in the making of empire —past, present, and perhaps even future.
Topic:
International Law, Law, Violence, Interview, and Armed Conflict
Political Geography:
Global Focus

10. AURUM Journal of Social Sciences (Volume 9, Number 1) - Full Issue

Author:
Meltem Yilmaz, Büşra Alparslan, Arzu Uğurlu Kara, Mesut Özcan, and Ceyhun Ilsever
Publication Date:
07-2024
Content Type:
Journal Article
Journal:
AURUM Journal of Social Sciences
Institution:
Altinbas University
Abstract:
The first article of this issue is on the field of law. The study is titled “A Street Law Course Experience for Raising Human Rights Awareness”. This study by Meltem Yılmaz aims to examine the contribution of ‘street law’ type legal clinic courses to increase of human rights awareness among both law students and society. As a result of the study, the author finds that giving street law-type law clinics as elective courses in the last years of faculty of law education is the most efficient option; in addition, the importance of enhancing the courses in terms of active learning methods and techniques was emphasized in order to increase efficiency concerning high school and secondary school students’ achievements. The second study in this issue is “War and Peace in Game of Thrones as An Epic Narrative”. This study from the field of psychology was conducted by Büşra Alparslan. The aim of the study is to investigate to examine the war and peace themes in the TV series Game of Thrones, which can be considered as an epic a popular culture narrative. This study’s results reveals that Game of Thrones somewhat differs from traditional epic narratives. Although classical themes like “just war discourse” pops on and off throughout the show, it is also emphasized that, unlike the traditional approach, war is not a glorious act. The third study in this issue is from the field of human resources titled “Adaptation of the “Design Thinker Profile” Scale into Turkish” by Ayça Uğur and Kemal Özkan Yılmaz. As the title suggests, the aim of the study is to adopt “Design Thinker Profile” scale developed by Chesson (2017) to the Turkish and to assess its validity and reliability. The results show that the scale has validity and reliability in Turkish. Another study in our journal is titled “Development of Maritime Public Transportation in Istanbul in the Framework of Organic Transportation Approach”. The study conducted by Ceyhun İlsever and Ayşe Buse Cılız aims to make concrete suggestions for the development of urban maritime public transportation in Istanbul in line with the principles and criteria of organic transportation, which is developed as one of the approaches to integration, accessibility, and governance in transportation. As a result, the authors propose some suggestions under specific headings to increase the demand for maritime transportation in Istanbul. The last study in this issue is from the field of psychology. The article by Ecem Kıran, Yaren Erdoğdu ve Naci Can Sümengen is titled “Examining the Relationship Between Eating Attitudes and Self-Compassion”. As its title suggests, this study aimed to examine the relationship between eating attitudes and self-compassion and to investigate the prevalence of this relationship in a non-clinical sample by evaluating it in terms of chronic and psychological disorders. As a result, a statistically significant negative relationship between disordered eating attitudes and self-compassion levels is found; in addition, results shows that the self-compassion levels of participants diagnosed with a psychological disorder were significantly lower, while participants with a chronic disease had eating attitudes that were significantly disordered compared to participants without a psychological disorder. In addition to the research articles briefly summarized above, we have also included a book review in this issue. Ahmet Tuğşad Doğukan and Fatih Dağ reviewed Thomas Piketty’s “Nature, Culture et Inégalités” book. According to the reviewers, in this book, Piketty examines the complex dynamics of socioeconomic disparities, questioning traditional assumptions that can be characterized as deterministic and offering an innovative perspective on the causes and evolution of inequality. While traditional assumptions emphasize natural factors such as individual abilities or resource endowments, Piketty argues that contrary to these factors, political and social forces have been more influential in the course of inequality throughout history.
Topic:
Development, Culture, Law, Human Resources, Social Science, and Public Transportation
Political Geography:
Turkey and Global Focus