[Iain Scobbie is the Chair in International Law at the University of Manchester. This post is a contribution in our recent symposium on Ensuring Respect for International Humanitarian Law.] The understanding and implications of common Article 1 of the 1949 Geneva Conventions have undergone a transformation since its inception. The volume edited by Eve Massingham and Annabel McConnachie, ‘Ensuring Respect for...
[Dr. Dalia Palombo is a Senior Research Fellow at the Institute for Business Ethics, University of St. Gallen.] Imperialism and Transnational Human Rights Litigation How to hold multinationals to account for human rights abuses? This is a question that has tormented scholars, litigators and advocates. It is difficult to answer because the term “multinational” does not exist in law. From the legal perspective, a multinational is a conglomerate of...
[Gabrielle Holly is a Senior Adviser in the Human Rights and Business Department at the Danish Institute for Human Rights and an experienced commercial disputes practitioner. You can find her on twitter at @Gabriellellell.] In recent years we have seen tremendous momentum behind moves to introduce mandatory human rights due diligence obligations in law, both at the national level and at the international...
[Penelope A. Bergkamp is a graduate from the National University of Singapore and KU Leuven, and law practitioner in Brussels.] Corporate liability and supply chain liability (SCL) in particular are experiencing a rapid and dramatic revolution. Supply chain liability (“SCL”) is the liability of a multinational corporation for damages caused by its business partners, often in developing countries. The term business partners refers to any business partner,...
[Paul Mougeolle is a representative of the association Notre Affaire à Tous, legal researcher for the NGO Global Legal Action Network (GLAN) and Ph.D. candidate at University of Paris Nanterre and University of Potsdam.] A wind of change is currently blowing in climate change litigation. Plaintiffs secure pioneering wins before the highest courts of Colombia, the Netherlands, Ireland, France and Germany. On the 26th of May...
[Jindan-Karena Mann is a PhD Researcher at the University of Amsterdam and Nicky Touw is a PhD Researcher at the Open University of the Netherlands.] The North Mara gold mine in Tanzania has been under scrutiny for many years now. Reports paint a picture of ongoing corruption, environmental harms, and human rights violations, including the excessive use of force by private security and police forces working with the mining...
[Radu Mares is an Associate Professor, Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University (radu.mares@rwi.lu.se)] The last two decades marked a dramatic expansion of civil liability cases against parent companies. In this period, transnational litigation offered a way to get around the legislative inaction or slowness. Indeed, civil liability principles already exist in all home states. They apply to both natural...
[Ekaterina Aristova is a Post-Doctoral Fellow at the Bonavero Institute of Human Rights. Carlos Lopez is a Senior Legal Advisor at the International Commission of Jurists.] Past decades saw an emerging trend towards reliance on civil liability claims to address business-related human rights abuses. A movement that had initial impetus from the United States of America has now expanded to other continents, especially to Europe. The...
[Ingo Venzke is Professor for International Law and Social Justice at the University of Amsterdam and Director of the Amsterdam Center for International Law (ACIL).] Our edited volume has asked a question that is deceptive in its simplicity: Could international law have been otherwise? One could expect the answer to be a resounding ‘yes’, given that no serious account is nowadays...
[Doreen Lustig is a Senior Lecturer at Tel Aviv University Faculty of Law and the author of Veiled Power: International Law and the Private Corporation 1886-1981 (Oxford University Press, 2020).] Ingo Venzke and Kevin Jon Heller’s edited volume Contingency in International Law: On the Possibility of Different Legal Histories (Oxford University Press, 2021) (hereinafter: Contingency) is a rare editorial accomplishment. A coherent and multifaceted...
[Marina Veličković is a PhD student at the University of Cambridge and a Gates Cambridge Scholar. Her research interests include International Criminal Law, Political Economy and Critical Theory. I The author extends many thanks to Francisco-Jose Quintana and Justina Uriburu for their comments on an earlier draft.] ‘Contingency in International Law: On the Possibility of Different Legal Histories’, an ambitious volume edited by Ingo Venzke and Kevin Jon Heller which was...
[Vidya Kumar is an Associate Professor of Law at Leicester University, UK. Twitter: @DrVidyaKumarUK] Between you and me, Professors Ingo Venzke and Kevin Jon Heller’s edited collection reads like a classic expositional text on the ways to think about contingency in international law – not unlike Susan’s Mark’s timeless work “False Contingency”. Composed of no less than 30 innovative readings of the operation – and non-operation – of contingency...