Dr Alex Jeffrey - Transnational Courts: A New Legal Commons?
Duration: 23 mins 25 secs
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| Description: | This paper considers the geographical implications of the recent increased prominence of transnational instruments of law. Prompted by work celebrating the emancipatory potential of forms of jurisdiction that exceed the territoriality of the state, this paper refocuses attention on the material and bodily practices through which transnational law is realised. In particular the paper examines the extent to which the institutionalisation of international humanitarian law is creating new rights claims and challenging forms of state violence. Drawing example material from the European Court of Human Rights the paper explores the forms of network and affiliation established by the court in order to complete legal deliberations. These material investigations point to some of the limits to transnational law, whether on account of absent democratic oversights, the forms of social barriers that limit participation or the challenges to the bureaucratic capacity of the legal process. Tracing these processes, the paper holds in tension the normative claims of a moral locus beyond the state with the enduring ways in which established forms of territoriality incur upon new spaces of law. |
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| Created: | 2015-01-13 15:03 |
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| Collection: |
Shrinking Commons Conference
Shrinking Commons |
| Publisher: | University of Cambridge |
| Copyright: | Dr Alex Jeffrey |
| Language: | eng (English) |
| Distribution: |
World
(downloadable)
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| Explicit content: | No |
| Abstract: | This paper considers the geographical implications of the recent increased prominence of transnational instruments of law. Prompted by work celebrating the emancipatory potential of forms of jurisdiction that exceed the territoriality of the state, this paper refocuses attention on the material and bodily practices through which transnational law is realised. In particular the paper examines the extent to which the institutionalisation of international humanitarian law is creating new rights claims and challenging forms of state violence. Drawing example material from the European Court of Human Rights the paper explores the forms of network and affiliation established by the court in order to complete legal deliberations. These material investigations point to some of the limits to transnational law, whether on account of absent democratic oversights, the forms of social barriers that limit participation or the challenges to the bureaucratic capacity of the legal process. Tracing these processes, the paper holds in tension the normative claims of a moral locus beyond the state with the enduring ways in which established forms of territoriality incur upon new spaces of law. |
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