Indiana Journal of Global Legal Studies 

About: Indiana Journal of Global Legal Studies is an academic journal. The journal publishes majorly in the area(s): Globalization & International law. It has an ISSN identifier of 1080-0727. Over the lifetime, 691 publications have been published receiving 7842 citations.

Ethnicity.gov: Global Governance, Indigenous Peoples, and the Right to Prior Consultation in Social Minefields

Abstract: This article explores law’s protagonism and effects in contemporary conflicts over development, natural resource extraction, and indigenous peoples’ rights. It focuses on the sociolegal site where these conflicts have been most visible and acute: consultations with indigenous peoples prior to the undertaking of economic projects that affect them. I argue that legal disputes over prior consultation are part of a broader process of juridification of ethnic claims, which I call “ethnicity.gov.” I examine the plurality of public and private regulations involved in this process and trace their affinity with the procedural logic of neoliberal global governance. I further argue that ethnicity.gov is a highly contested field, as shown by the legal strategies and regulatory frameworks on consultation, which the global indigenous rights movement has advanced in opposition to neoliberalism. Drawing on empirical research in Colombia and other Latin American countries, I study consultation in action and document its ambiguous effects on indigenous peoples’ rights.

Beyond a Snapshot: Preventing Human Trafficking in the Global Economy

Abstract: Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, counter-trafficking strategies must target the underlying conditions that impel people to accept dangerous labor migration assignments. The article recommends that existing counter-trafficking strategies be assessed with a view to assessing their potential for long-term effectiveness. It also advocates strategic use of the nondiscrimination principle to promote basic economic, social, and cultural rights, the deprivation of which has sustained the trafficking phenomenon. Language: en

Contract of Mutual (In)Difference: Governance and the Humanitarian Apparatus in Contemporary Albania and Kosovo

Abstract: In his book Le malheur des autres, Bernard Kouchner, the founder of Medecins Sans Frontieres and the former French Health Minister, wrote that “[h]umanitarian activities have become customary.” Kouchner’s statement points to the new forms of globally organized power and expertise, located within new transnational regimes, humanitarian networks, non-governmental organizations (NGOs), and multiand bilateral organizations that are now developing. These new transnational regimes, parallel to local forms of rule, constitute a mobile apparatus which I have defined as migrant sovereignties. With the explosive growth of NGOs of all scales and varieties that has occurred since 1945, we are witnessing a massive transformation in the nature of global governance. Such growth has been fueled by the connected development of the U.N. system, and, more particularly, by the increasing global circulation and legitimization of discourse and politics of “human rights.” Resolutions adopted by the U.N. Security Council and various international agencies and meetings show that new forms of sovereignty have come into place alongside older, territorialized forms. These new forms legitimize the right of interference and intervention, identifying a deterritorialized sovereignty that migrates around the globe to sites of “crisis” and humanitarian disaster.

African Customary Law, Customs, and Women's Rights

Abstract: The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is argued that the courts have an important role to play in ensuring that customary law is reformed and developed to ensure that it conforms to human rights norms and contributes to the promotion of equality between men and women. The guiding principle should be that customary law is living law and cannot therefore be static. It must be interpreted to take account of the lived experiences of the people it serves.