The Death of God, Systemic Evolution, and the Event: On the Temporality of International Law
In: Telos: critical theory of the contemporary, Band 2018, Heft 185, S. 165-185
ISSN: 1940-459X
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In: Telos: critical theory of the contemporary, Band 2018, Heft 185, S. 165-185
ISSN: 1940-459X
In: International Law and Time: Narratives and Techniques (Van der Ploeg KP at al eds) Springer 2022, 1-24
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In: Social and Legal Studies, Forthcoming
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Working paper
In: Social & legal studies: an international journal, Band 28, Heft 6, S. 817-838
ISSN: 1461-7390
Human rights were a defining discourse of the 20th century. The opening decades of the twenty-first, however, have witnessed increasing claims that the time of this discourse as an emancipatory tool is up. Focusing on international human rights law, I offer a response to these claims. Drawing from Elizabeth Grosz, Drucilla Cornell and Judith Butler, I propose that a productive future for this area of law in facilitating radical social change can be envisaged by considering more closely the relationship between human rights and temporality and by thinking through a conception of rights which is untimely. This involves abandoning commitment to linearity, progression and predictability in understanding international human rights law and its development and viewing such as based on a conception of the future that is unknown and uncontrollable, that does not progressively follow from the present, and that is open to embrace of the new.
In: Critical studies on terrorism, Band 6, Heft 1, S. 50-72
ISSN: 1753-9161
In: Journal of legal pluralism and unofficial law: JLP, Band 46, Heft 1, S. 108-122
ISSN: 2305-9931
In: Cambridge asylum and migration studies
Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time - human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time
In: Cambridge asylum and migration studies
Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time - human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time.
In: Comparative Labor Law&Policy Journal, Band 39, Heft 1
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In: 18 LOY. U. CHI. INT'l L. REV. 133 (2022)
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In: International review of the Red Cross: humanitarian debate, law, policy, action, S. 1-28
ISSN: 1607-5889
Abstract
2024 will mark seventy-five years since the adoption of the 1949 Geneva Conventions. Despite the drafters' efforts to mitigate the worst horrors of armed conflict, contemporary conflicts continue to witness the death and suffering of millions. This raises fundamental concerns over the ability of international law to alleviate the harm caused to those caught up in armed conflict, to redress violations and to prevent their recurrence. In international policy, international humanitarian law (IHL) is increasingly intertwined with transitional justice and in particular its emphasis on the centrality of human rights. This article focuses on the intersection between IHL and transitional justice in protracted conflicts, interrogating their increasing overlaps, complementary intersections and even tensions. In particular, the article examines the importance of the temporal dimensions of humanity and justice in prevention of violations. In doing so, the article concentrates on the impact of time on those harmed by armed conflict and the repercussions this has on the law and justice efforts. The article argues that time can be weaponized to frustrate accountability and prevent interference with belligerents' behaviour. Victims in war cannot wait until the end of fighting to seek the recovery of the remains of their loved ones, for those responsible to be brought to justice, and for redress of their continuing suffering. Indeed, such delays amount to violations of victims' right to an effective remedy and fail to stop the continuation of violations or the re-victimization of civilians and their communities. The article suggests the need for "provisional justice", whereby, in the increasing number of situations of protracted conflict, efforts to redress conflict-related violations should be, at least in part, dealt with at the time, rather than waiting until the end of hostilities, so as to mitigate harm to victims and to correct belligerents' behaviour in order to prevent recurrence.
In: APSA 2010 Annual Meeting Paper
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Working paper
In: Llewelyn Hughes, Jeffry Lantis and Mireya Solis, "The Life Cycle of International Regimes," Journal of International Organizations Studies Vol. 5, No. 2 (2014), pp. 85-115.
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In: TSQ: Transgender Studies Quarterly, Band 1, Heft 1-2, S. 219-222
ISSN: 2328-9260
Abstract
This section includes eighty-six short original essays commissioned for the inaugural issue of TSQ: Transgender Studies Quarterly. Written by emerging academics, community-based writers, and senior scholars, each essay in this special issue, "Postposttranssexual: Key Concepts for a Twenty-First-Century Transgender Studies," revolves around a particular keyword or concept. Some contributions focus on a concept central to transgender studies; others describe a term of art from another discipline or interdisciplinary area and show how it might relate to transgender studies. While far from providing a complete picture of the field, these keywords begin to elucidate a conceptual vocabulary for transgender studies. Some of the submissions offer a deep and resilient resistance to the entire project of mapping the field terminologically; some reveal yet-unrealized critical potentials for the field; some take existing terms from canonical thinkers and develop the significance for transgender studies; some offer overviews of well-known methodologies and demonstrate their applicability within transgender studies; some suggest how transgender issues play out in various fields; and some map the productive tensions between trans studies and other interdisciplines.