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2025-02-03
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
In this GLJ Shorts episode, Stefano Bertea presents his article "Searching for Law in Its Own Right: A Fresh Look at the Demarcation Problem" , which appeared as First View in December 2024. Interview by German Law Journal editor in chief Clara Rigoni, editing by Benjamin Veit Weck.
2024-12-23
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
This GLJ Shorts episode accompagnies the Special Issue ‘Strategic Litigation in EU Law’, published in December 2024 and curated by guest editors Pola Cebulak, Marta Morvillo, and Stefan Salomon. In this podcast, guest editor Marta Morvillo engages with Marta Pardavi and Gruzsa Matevcic of the Hungarian Helsinki Committee, a Budapest-based NGO that provides help to refugees, detainees and victims of state violence through litigation and advocacy. With gripping stories of landmark cases, practical insights into navigating EU law, and a look at the pressures and triumphs of litigation in politically charged environments, this conversation takes you to the ins and outs of strategic litigation in EU law.
2024-06-03
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
With Shubham Jain Link to the article [Shubham Jain, "Resistance and Reform as Responses to Human Rights Criticism: Relativism at FIFA World Cup Qatar 2022" German Law Journal vol. 24:9 (2023), https://doi.org/10.1017/glj.2023.119 ) Table of Contents of Volume 24 Abstract Abstract: The language of human rights is a prominent tool of choice to push for moral principles such as justice, equity, and fairness in the social, economic, and political spheres. Simultaneously, the concept and practice of human rights have attracted critiques. Relativism is one such enduring critique. Relativists advocate due and reasonable consideration towards cultural diversity and specificity of diverse human communities, within the limits allowed by universality of human rights. The relativist critique featured prominently in the debates surrounding Qatar’s hosting of the FIFA World Cup 2022. Commentators have spoken about Qatar’s scrutiny often moving beyond legitimate human rights criticism, uninformed activism being counterproductive; and the appropriateness of, largely, Western and maximalist ideals of human rights being applied without accounting for local needs and peculiarities. In this Article, I bring together the literature on the relativist critique and the FIFA World Cup Qatar 2022 as a case study, to examine the usefulness and limitation of human rights as a language of critique to achieve meaningful transformative change in sporting contexts. I focus on the debates surrounding the rights of migrant workers and the rights of the LGBTQIA+ community; and argue that while human rights advocacy had a notable impact in relation to FIFA World Cup Qatar 2022, it is a tale full of cautions and lessons. Submit Submitting articles or Special Issue proposals to the German Law Journal
2023-09-01
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
The article by Dirk Hanschel, Mario G. Aguilera Bravo, Bayar Dashpurev and Abduletif Kedir Idris appeared as part of the Special Issue "Breaching the Boundaries of Law and Anthropology: New Pathways for Legal Research" in September 2022 in GLJ 23:7. In this video, Abduletif Idris explains how the members of the Environmental Rights in Cultural Context research group at the Max Planck Institute for Social Anthropology combine legal studies and anthropology to tackle the concept of environmental rights. Drawing on empirical evidence from case studies in Ethiopia, Mongolia, and Ecuador, the researchers see how constitutionally enshrined environmental rights are moving targets that often fail to live up to their promise. Link to the article: https://doi.org/10.1017/glj.2022.68 Table of Contents of the Special Issue: https://germanlawjournal.com/volume-2… GLJ Editorial for the Special Issue: https://germanlawjournal.com/editoria… Submitting an article or a Special Issue Proposal to the German Law Journal: https://germanlawjournal.com/submissi… Credits: Production & Color Grading - Media & Communications MPI for Social Anthropology Editing - Emma Eder
2021-08-24
Boris Burghardt, Leonie Steinl, Nora Markard
With Boris Burghardt and Leonie Steinl The Special Issue Table of Contents of the Special Issue "Sexual Violence and Criminal Justice in the 21st Century" GLJ Editorial for the Special Issue Link to the editorial article Boris Burghardt & Leonie Steinl: Sexual Violence and Criminal Justice in the 21st Century, German Law Journal 22:5 (2021) Abstract: In recent years, no area of criminal law has received more public attention than the laws on sexual violence. Discussions about the need for reforms have exhibited a mobilizing force extending far beyond the legal community. From a legal perspective, these discussions concern intricate normative questions regarding the content of the right to sexual autonomy and the suitability of the consent paradigm to establish the limitations of its protection under criminal law. At the same time, they ultimately concern the question of gender-related societal power hierarchies. Acknowledging these broader socio-political dimensions allows us to comprehend the highly contentious manner in which this debate is often conducted. This Special Issue attempts to analyze from a transnational perspective both the fundamental legal and socio-political questions in the current discussions on sexual violence and criminal justice. A recurring theme is the question as to whether criminal law can be used not only as an instrument of repressive social control, but also as a means of power-critical – even emancipatory – social policy. Submit Submitting an article or a Special Issue Proposal to the German Law Journal Photo credit "metoo" by 7C0 on Flickr , 2020 – (CC-BY 2.0)
2020-10-18
Jen Hendry, Naomi Creutzfeldt, Christian Boulanger, Nora Markard
With Jen Hendry, Naomi Creutzfeldt, and Christian Boulanger The Special Issue Table of Contents of the Special Issue "Socio-Legal Studies in Germany and the UK: Theory and Methods" GLJ Editorial for the Special Issue Link to the editorial article Jennifer Hendry, Naomi Creutzfeldt & Christian Boulanger: Socio-Legal Studies in Germany and the UK: Theory and Methods, German Law Journal 21:7 (2020) Abstract This Special Issue considers the situated and contextualized development of socio-legal, or law and society, scholarship within two materially different legal and academic cultures, namely Germany and the United Kingdom, with a view to achieving a better understanding of why and how such differences in understanding and practice have arisen. The contributions are grouped into three themes. The first reflects upon the influence of institutional contexts and scholarly traditions in terms of the development of those approaches that come under the banner of socio-legal studies. The second features contributions that adopt a comparative perspective in terms of selected areas of law, pointing to notably different approaches taken in Germany and the UK, and considering the development of these respective situations. The third looks at the key contemporary trends, theoretical applications, and methodological approaches taken within both countries’ socio-legal academic contexts. Submit Submitting an article or a Special Issue Proposal to the German Law Journal Photo credit "Pints" by Matt Brown on Flickr , 2014 – (CC-BY 2.0)
2020-10-04
Başak Çalı, Cathryn Costello, Nora Markard
With Başak Çalı and Cathryn Costello Link to the article Başak Çalı, Cathryn Costello & Stewart Cunningham: Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies, German Law Journal 21:3 (2020) The Special Issue Introduction to the Special Issue "Border Justice: Migration and Accountability for Human Rights Violations" by editors Cathryn Costello and Itamar Mann Table of Content of the Special Issue Abstract Abstract: This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individual views from UNTBs since 1990. Moreover, our European focus is warranted as nearly half of the cases concern states that are also parties to the European Convention on Human Rights. Based on a multi-dimensional analysis of non-refoulement across an original dataset of over 500 UNTB non-refoulement cases, decided between 1990–2020, as well as pertinent UNTB General Comments, the Article finds that whilst UNTBs, at times, do adopt a more progressive position than their “harder” regional counterpart, there are also instances where they closely follow the interpretations of the European Court of Human Rights and, on occasion, adopt a more restrictive position. This analysis complicates the view that soft courts are likely to be more progressive interpreters than hard courts. It further shows that variations in the interpretation of non-refoulement in a crowded field of international interpreters present risks for evasion of accountability, whereby domestic authorities in Europe may favor the more convenient interpretation, particularly in environments hostile to non-refoulement. Submit Submitting articles or Special Issue proposals to the German Law Journal
2020-10-04
Nora Markard, Emanuel V. Towfigh, and the other Editors of the German Law Journal
With Cathryn Costello and Itamar Mann The Special Issue Table of Contents of the Special Issue "Border Justice: Migration and Accountability for Human Rights Violations" GLJ Editorial for the Special Issue Link to the editorial article Cathryn Costello & Itamar Mann: Border Justice: Migration and Accountability for Human Rights Violations, German Law Journal 21:3 (2020) Abstract This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of international refugee law; and the pervasive use of externalized, delegated migration controls, in particular by the EU and its Member States. The roots of the current condition are traced back to the containment practices that emerged at the end of the Cold War, with the 2015 “crisis” framed both as an illustration of the failures of containment, and a source of further stasis. Following an overview of the contributions that make up the Special Issue, this Article identifies five emergent themes, and suggests further lines of inquiry. These are: the promise and limits of strategic human rights limitations; the role of both international criminal law, and domestic (and regional) tort law in securing accountability; the turn to positive obligations to challenge entrenched features of containment; and the role of direct action in support of and solidarity with those challenging migration controls most directly, refugees and migrants themselves. Rather than offering panaceas, the Article concludes with the identification of further new challenges, notably the role of new technologies in further dissipating lines of accountability for decisions to exclude. Submit Submitting articles or Special Issue proposals to the German Law Journal
2020-10-04
Cathryn Costello, Itamar Mann, Nora Markard
With Cathryn Costello and Itamar Mann The Special Issue Table of Contents of the Special Issue "Border Justice: Migration and Accountability for Human Rights Violations" GLJ Editorial for the Special Issue Link to the editorial article Cathryn Costello & Itamar Mann: Border Justice: Migration and Accountability for Human Rights Violations, German Law Journal 21:3 (2020) Abstract This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of international refugee law; and the pervasive use of externalized, delegated migration controls, in particular by the EU and its Member States. The roots of the current condition are traced back to the containment practices that emerged at the end of the Cold War, with the 2015 “crisis” framed both as an illustration of the failures of containment, and a source of further stasis. Following an overview of the contributions that make up the Special Issue, this Article identifies five emergent themes, and suggests further lines of inquiry. These are: the promise and limits of strategic human rights limitations; the role of both international criminal law, and domestic (and regional) tort law in securing accountability; the turn to positive obligations to challenge entrenched features of containment; and the role of direct action in support of and solidarity with those challenging migration controls most directly, refugees and migrants themselves. Rather than offering panaceas, the Article concludes with the identification of further new challenges, notably the role of new technologies in further dissipating lines of accountability for decisions to exclude. Submit Submitting articles or Special Issue proposals to the German Law Journal