International Community Law Review 

About: International Community Law Review is an academic journal published by Brill. The journal publishes majorly in the area(s): International law & Public international law. It has an ISSN identifier of 1871-9732. Over the lifetime, 250 publications have been published receiving 1816 citations.

Third World Approaches to International Law: A Manifesto

Abstract: * I would like to thank Antony Anghie for his comments on an earlier draft of the paper. The usual caveat applies. First published in: Antony Anghie, Bhupinder Chimni, Karin Mickelson and Obiora Okafor (Eds), The Third World and International Order: Law, Politics and Globalization (Martinus Nijhoff Publishers, 2003). 1 The word “recolonisation” is being inter alia used to indicate first, the reconstitution of the relationship between State and international law so as to undermine the autonomy of third world States and to the disadvantage of its peoples. Second, the expansion of international property rights which are to be enforced by third world States without possessing the authority to undertake the task of redistribution of incomes and resources. Third, the relocation of sovereign economic powers in international trade and financial institutions. Fourth, the inability of third world states to resist the overwhelming ideological and military dominance of the first world. 2 See UNDP, Human Development Report (1999). 3 We adopt here the definition of domination offered by Thompson: “We can speak of ‘domination’when established relations of power are ‘systematically asymmetrical’, that is, when particular agents or groups of agents are endowed with power in a durable way which excludes, and to some significant degree remains inaccessible to, other agents or groups of agents, irrespective of the basis upon which such exclusion is carried out.” See J. Thompson, Ideology and Modern Culture, in The Polity Reader in Social Theory (1994) 133 at 136. Third World Approaches to International Law: A Manifesto

Rhetoric and Reality: The World Bank Development Policies, Mining Corporations, and Indigenous Communities in Latin America

Abstract: Relying on critical legal approaches, in particular TWAIL and the work of Indigenous scholars, this paper analyzes the extent to which the World Bank's notion of "development" and its promotion of the expansion of market-based legal reforms in Latin American countries have benefited transnational corporations (TNCs) to the detriment of Indigenous Peoples. It argues that the World Bank's policy-based lending programmes and market-oriented legal framework since 1980 have contributed to an expansion of corporate mining activities, which have caused not only forced displacement and further impoverishment of numerous Indigenous communities but have also directly contributed to the destruction of their cultures and the environment they inhabit. Furthermore, the World Bank's normative operational policies and practices on issues affecting Indigenous Peoples have provided a legal framework and mechanisms that "manage" affected Indigenous communities in ways that further the dispossession of their lands and natural resources.

The Due Diligence Principle Under International Law

Abstract: This article explores the interface of state responsibility, non-state actors, and the due diligence principle. It begins by examining the various principles of responsibility under international law. After doing so, it closely considers the deliberations of the International Law Commission on the topic of state responsibility. In light of these developments, attention is then paid to exactly what has been expected of states with regard to the activities of non-state actors during the last century. This overview focuses on the due diligence principle, a principle which, it is argued, can be restrictively or expansively interpreted, as the particular facts and circumstances require, to hold states responsible for their actions or omissions related to non-state actors.

Atrocity, Punishment, and International Law

Abstract: In Atrocity, Punishment, and International Law, Mark Drumbl rethinks how perpetrators of atrocity crimes should be punished. After first reviewing the sentencing practices of courts and tribunals that censure genocide, crimes against humanity, and war crimes, he concludes that these practices fall short of the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. This raises the question whether international prosecutorial and correctional preferences are as effective as we hope. Drumbl argues that the pursuit of accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. He calls for fresh thinking to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book deploys a bold, and adventurously pluralist, interpretation of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and a more meaningful understanding of justice. Drumbl concludes by offering concrete reforms. He urges contextual responses to atrocity that welcome bottom-up perspectives, including restorative, reparative, and reintegrative traditions that may differ from the adversarial Western criminal trial.