(with Karen Knop) 'The War against Cliché: Dispatches from the International
Legal Front’ in Baetens and Chinkin (eds.) Sovereignty, Statehood and State
Responsibility: Essays in Honour of James Crawford (Cambridge 2015)
(with Andrew Lang) 'People with Projects: Writing the Lives of
International Lawyers', 27 Temple International and Comparative Law Journal
(2014) 437-453
'Backlash: the undeclared war against human rights'
European Human Rights Law Review 2014, 4, pp.319-327
Considers the evidence of a "backlash" against human rights by the Government and the media, and analyses the conditions that have given rise to this phenomenon. Discusses how the insights of Nietzsche about resentment apply to the range of emotions invoked by human rights controversies. Assesses how the human rights movement should respond to the resentment of its detractors.
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'Four Human Rights Myths' in Kinley, Sadurski, Walton (eds.)
Human Rights: Old Problems, New Possibilities (Edward Elgar Publishing,
2013)
'Law and the production of superfluity' Transnational
Legal Theory (2011) 2(1) pp.1-24
Considers the meaning of "superfluity", and discusses how it
has been applied in jurisprudence by: (1) Karl Marx; (2) Hannah Arendt, who
examined the concept of superfluous people in her 1951 work "The Origins of
Totalitarianism"; (3) Zygmunt Bauman and Loic Wacquant, who have addressed
"human waste" and "advanced marginality" in the context of neoliberal
restructuring; and (4) theorists addressing the legal status of detainees at
Guantanamo Bay.
'What has become of the emerging right to democratic
governance?'
Eur J Int Law (2011) 22 (2): 507-524.
In 1992 the American Journal of International Law
published an article by Tom Franck entitled ‘The Emerging Right to Democratic
Governance’. The article inaugurated an important debate on the relationship
between international law and democracy. Reviewing that debate, I examine four
different ways of thinking about the contemporary significance of the emerging
right to democratic governance. While not claiming that any is wrong, I consider
some respects in which each is limited. I also discuss Haiti, as a country which
inspired the thesis of the emerging democratic entitlement, and one which
remains illuminating for it today.
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'Human rights and root causes' Modern Law Review
2011, 74(1), 57-78