New Books in Law

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Michael Davis, "Freedom Undone: The Assault on Liberal Values in Hong Kong" (Association for Asian Studies, 2023) Mar 27, 2024

Show notes

"What happened in Hong Kong is not an anomaly but a warning" - Hong Kong Human Rights defender Chow Hang Tung, speech written from prison upon receiving a human rights award.

In our interview today, I spoke with Professor Michael C. Davis, author of Freedom Undone: The Assault on Liberal Values and Institutions in Hong Kong(AAS and Columbia UP, 2024).In his latest book, he writes about how one of the world's most free-wheeling cities has transitioned from a vibrant global center of culture and finance into an illiberal regime. We spoke about the progressive shifts towards authoritarian governance in Hong Kong's post-colonial period, leading up to the introduction of the National Security Law of 2020, and the rapid erosion of human rights and liberal freedoms since. Professor Davis explained the significance of Hong Kong's new domestic National Security Law, introduced last week, and its implications for the erosion of global democratic institutions globally.

Professor Michael C. Davis is a former long-time professor at the University of Hong Kong and prior to that at the Chinese University of Hong Kong, where he taught course on human rights and constitutional development. He is currently a Global Fellow at the Woodrow Wilson International Centre for Scholars, a Senior Research Associate at the Weatherhead East Asia Institute at Columbia University, and a Professor of Law and International Affairs at O.P. Jindal Global University in India. He also enjoys research affiliations at New York University and the University of Notre Dame.

You can listen to our earlier interview, about Professor Davis' book, Making Hong Kong China: The Rollback of Human Rights and the Rule of Law (Columbia UP, 2020) here.

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How Can We Reach International Consensus on AI Regulation? Mar 25, 2024

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In this episode of International Horizons, RBI director John Torpey interviews Gabriele Mazzini, a lawyer and officer of the European Commission and expert in AI regulation. Mazzini discusses the means through which European countries have found agreement on the definition of AI and how to regulate it. Moreover, Mazzini stresses that the fears of an apocalyptic AI revolution taking over humankind are not well-grounded. He also comments on the United States case and how it differs from Europe when it comes to regulating AI, acknowledging that there's been big progress in legislation in this area.

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Colette Cann and Eric Demeulenaere, "The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change" (Myers Education Press, 2020) Mar 24, 2024

Show notes

How can traditional academic scholarship be disrupted by activist academics? How can we make space for those who are underrepresented and historically oppressed to come to academia as their authentic selves? How can the platform of academia create space for change in the world? In The Activist Academic: Engaged Scholarship for Resistance, Hope and Social Change(Myers Education Press: 2020), Professor Colette N. Cann and Professor Eric J. DeMeulenarare answer these questions. Their work challenges dominant frameworks of what it is to be an academic. They challenge readers to think about their responsibility as academics, and their role not just as researchers and teachers, but as parents, friends and members of the community. This book should be compulsory reading for for all scholars, and those that aspire to enter academia. It provides the opportunity to rethink the ways that activism and scholarship can be combined, and the impact that academics have in the spaces that they work.

Professor Colette N. Cann is the Associate Dean for Academic and Faculty Advancement and Professor in the School of Education at the University of San Francisco.

Professor Eric DeMeulenaere is a Professor of Education, Director of Community, Youth, & Education Studies and Director of Comparative Race & Ethnic Studies at Clark University.

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Patryk I. Labuda, "International Criminal Tribunals and Domestic Accountability" (Oxford UP, 2023) Mar 22, 2024

Show notes

In the 1990s, the promise of justice for atrocity crimes was associated with the revival of international criminal tribunals (ICTs). More recently, however, there has been a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a 'complementarity turn', a paradigm shift toward domestic accountability in the field of international criminal justice, this book investigates how the shadow of international criminal tribunals influences the treatment of serious crimes at the national level.

Drawing on research and interviews in Rwanda, the Democratic Republic of Congo, and Sierra Leone, International Criminal Tribunals and Domestic Accountability: In the Court's Shadow (Oxford University Press, 2023) by Dr. Patryk I. Labuda develops a tripartite framework to analyse how states and tribunals work with, despite, or against one another in the fight against impunity. While international prosecutors and judges use the principle of complementarity to foster cooperation and decrease tension with government actors, Dr. Labuda argues that too much deference by ICTs toward states reduces the likelihood of accountability and may enable national elites to consolidate authoritarian power.

By interrogating how international accountability stakeholders relate to their domestic counterparts, International Criminal Tribunals and Domestic Accountability advocates improvements to ICTs' institutional design and more dynamic interactions with states to strengthen the enforcement of international criminal law.

This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

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Kalika Mehta, "Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis" (Routledge, 2023) Mar 20, 2024

Show notes

Kalika Mehta's book Strategic Litigation and Corporate Complicity in Crimes Under International Law: A TWAIL Analysis(Routledge, 2023) provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes.

The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives. Innovatively, the book combines the concerns expressed by Third World Approaches to International Law with strategic litigation that focuses on the accountability of corporations for their complicity in crimes under international law. Analysing this litigation, the book demonstrates that, while it is crucial to highlight the blind spots of the international criminal legal framework, it is also important to take into account the practice of non-state actors engaged in leveraging its emancipatory potential.

Alex Batesmith is a Lecturer in Legal Profession at the School of Law, University of Leeds, UK. His research focuses on lawyers, their professional self-identity and their motivations, and how these shape the institutions and the discipline in which they work. Twitter: @batesmith

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Rachel Blumenthal, "Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964" (Lexington, 2021) Mar 18, 2024

Show notes

Right to Reparations: The Claims Conference and Holocaust Survivors, 1951–1964 (Lexington, 2021) examines the early years of the Claims Conference, the organization which lobbies for and distributes reparations to Holocaust survivors, and its operations as a nongovernmental actor promoting reparative justice in global politics. Rachel Blumenthal traces the founding of the organization by one person, and its continued campaign for the payment of compensation to survivors after Israel left the negotiations. This book explores the degree to which the leadership entity served individual victims of the Third Reich, the Jewish public, or member organizations.

Geraldine Gudefin is a French-born modern Jewish historian researching Jewish family life, legal pluralism, and the migration experiences of Jews in France and the United States. She is currently a research fellow at the Hebrew University’s Avraham Harman Research Institute of Contemporary Jewry, and is completing a book titled An Impossible Divorce? East European Jews and the Limits of Legal Pluralism in France, 1900-1939.

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Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022) Mar 16, 2024

Show notes

Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing.

In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law.

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Legal Cultures in the Russian Empire Mar 13, 2024

Show notes

Law. How does the state form and use it? How do people use and shape it? How does law shape culture? How does the practice of law change over time in a modernizing colony? What was stable and what was malleable in the application of law in early modern Russia versus its Central Asian colony in the Empire’s final century? What’s the difference between a bribe and a gift?

These are some of the questions at the heart of this fascinating conversation about two books that probe the theoretical and instrumental underpinnings, as well as the everyday practice, of law in different periods and regions of the Russian Empire. Crime and Punishment in Early Modern Russia(Cambridge UP, 2012) by Nancy Kollmann analyzes the day-to-day practice of Russian criminal justice in the seventeenth and eighteenth centuries. Visions of Justice: Sharī’a and Cultural Change in Russian Central Asia(Brill, 2017; available open access)by Paolo Sartori excavates civil law practice to explore legal consciousness among the Muslim communities of Central Asia from the end of the eighteenth century through the fall of the Russian Empire, situating his work within a range of debates about colonialism and law, legal pluralism, and subaltern subjectivity. Paolo Sartori and Nancy Kollmann explore overlaps, divergence and much more that emerge from their respective findings in these deeply researched books.

Paolo Sartori is a Senior Research Associate and the Chairman of the Commission for the Study of Islam in Central Eurasia at the Austrian Academy of Sciences. He currently serves as the Editor-in-Chief of the Journal of the Economic and Social History of the Orient and the Journal of Central Asian History (Brill). In addition to Visions of Justice, authoring several scholarly articles and co-editing essay collections, Sartori has co-authored two books, Seeking Justice at the Court of the Khans of Khiva (19th–Early 20th Centuries) (Leiden: Brill, 2020), co-authored with Ulfat Abdurasulov and Éksperimenty imperii: adat, shariat, i proizvodtsvo znanii v Kazakhskoi stepi (Moscow: Novoe Literaturnoe Obozrenie, 2019), co-authored with Pavel Shabley.

Nancy Kollmann is the William H. Bonsall Professor of History at Stanford University in California. In addition to Crime and Punishment in Early Modern Russia (2012), she is the author of Kinship and Politics: The Making of the Muscovite Political System, 1345–1547 (1987), By Honor Bound: State and Society in Early Modern Russia (1999); The Russian Empire, 1450–1801 (2017), and Visualizing Russia in Early Modern Europe (forthcoming August 2024).

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Priyasha Saksena, "Sovereignty, International Law, and the Princely States of Colonial South Asia" (Oxford UP, 2023) Mar 07, 2024

Show notes

In Sovereignty, International Law, and the Princely States of Colonial South Asia (Oxford UP, 2023), Dr Priyasha Saksena interrogates the centuries-old question of what constitutes a sovereign state in the international legal sphere. She explores the history of sovereignty through an analysis of the jurisdictional politics involving the princely states of colonial South Asia. Governed by local rulers, these princely states were subject to British paramountcy whilst remaining legally distinct from directly ruled British India. Their legal status and the extent of their rights remained the subject of feverish debates through the entirety of British colonial rule. This book traces the ways in which the language of sovereignty shaped the discourse surrounding the legal status of the princely states to illustrate how the doctrine of sovereignty came to structure political imagination in colonial South Asia and the framework of the modern Indian state.

In this podcast, Dr Saksena explores how the various players within British India – international lawyers, British politicians, colonial officials, rulers and bureaucrats of princely states, and anti-colonial nationalists – used definitions of sovereignty to construct political orders in line with their interests and aspirations. By invoking the vernacular of sovereignty in contrasting ways to support their differing visions of imperial and world order, these actors also attempted to reconfigure the boundaries among the spheres of the national, the imperial, and the international. Our discussions chart the debates and disputes over the princely states across two hundred years of Indian history, and how they continually defined and redefined the concept of sovereignty and international legitimacy in South Asia.

The podcast explores the importance of the language of international law, how it is used and by whom, and how it is both a counterweight and a shaping force for political power. We discuss how different understandings of sovereignty have been (and still are) influencing the various ways in which people think about organising the world and their relationship to each other.

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Carly Goodman, "Dreamland: America's Immigration Lottery in an Age of Restriction" (UNC Press, 2023) Feb 29, 2024

Show notes

In a world of border walls and obstacles to migration, a lottery where winners can gain permanent residency in the United States sounds too good to be true. Just as unlikely is the idea that the United States would make such visas available to foster diversity within a country where systemic racism endures. But in 1990, the United States Diversity Visa Lottery was created to do just that.

Dreamland: America's Immigration Lottery in an Age of Restriction (UNC Press, 2023) tells the surprising story of this unlikely government program and its role in American life as well as the global story of migration. Historian Carly Goodman takes readers from Washington, D.C., where proponents deployed a colorblind narrative about our "nation of immigrants" to secure visas for white immigrants, to the African countries where it flourished and fostered dreams of going to America. From the post office to the internet, aspiring emigrants, visa agents, and others embraced the lottery and tried their luck in a time of austerity and limits. Rising African immigration to the United States has enriched American life, created opportunities for mobility, and nourished imagined possibilities. But the promise of the American dream has been threatened by the United States' embrace of anti-immigrant policies and persistent anti-Black racism.

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