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This chapter discusses how NGOs challenge the official citizenship discourse and policy in relation to the first ‘site’ of citizenship contestation: civic organising. It focuses, in particular, on instances when acts of ‘organising’ transform the wider citizenship structure. As an ‘act of citizenship’, organising is shaped by the limitations to civil and political rights of citizenship in China. The chapter illustrates how the act of organising, which is often undertaken under many financial, political and legal constraints, allows migrant workers who set up NGOs to manifest their resolve to take action over the circumstances in which they live. By doing so, they assert the right to voice, which they are not normally granted in the public space, and the right to organise, negotiating the role and function of citizen-formed organisations in China, thereby reshaping citizenship practices.
This chapter discusses how NGOs challenge the mainstream citizenship discourse and policies in relation to the first ‘site’ of citizenship contestation: civic organising. It focuses, in particular, on instances when the act of ‘networking’ transforms the wider citizenship structure. As an ‘act of citizenship’, networking is shaped by the limitations to civil and political rights of citizenship in China, and this chapter illustrates how networking can push for new practices of activist citizenship, such as volunteerism and inter-NGO networking. Through the act of networking, NGOs challenge the limitations of the hostile environment for inter-organisational networking and assembly in China, redrafting what is regarded as ‘acceptable’ for civic interactions. The chapter reflects on the tremendous obstacles due to the constrictions of political space and the transformation in the state’s approach to foreign funding under Xi Jinping, and their consequences for NGOs’ survival.
Future generations, wildlife, and natural resources – collectively referred to as 'the voiceless' in this work – are the most vulnerable and least equipped populations to protect themselves from the impacts of global climate change. In this new edition of Climate Change and the Voiceless, Randall S. Abate provides comprehensive analysis of recent landmark strategic litigation to protect vulnerable communities, significant updates on legislative and judicial developments on rights of nature, and a detailed summary of the most important climate change advisory opinions and their implications for the protection of voiceless communities. As in the original work, he identifies the common vulnerabilities of the voiceless in the Anthropocene era and demonstrates how the law can evolve to protect their interests more effectively. This work should be read by anyone interested in how the law can be employed to mitigate the effects of climate change on those who stand to lose the most.
This Article explores how rape is criminalized through the design of criminal provisions, with particular attention to offense-construction principles. While criminalization theory typically asks whether conduct should be criminalized, this study examines the equally important question of how a criminal provision should be structured. Using a comparative legal and empirical analysis of legislative materials from Belgium, Germany, the Netherlands, and Sweden, the article identifies the principles that guide legislators in shaping the prohibition, legal classification, and sanction of rape. The analysis shows that legality, coherence, internal subsidiarity, effectiveness, guilt, retrospective proportionality, and legitimating principles such as harm, wrong, and legal interest play central roles, though their relative importance differs across jurisdictions. The actus reus receives the most detailed legislative attention, especially where consent-based models replace coercive ones. The study also finds that explanatory memoranda are most effective when principles are used in combination rather than in isolation. Overall, the article argues that offense-construction principles can improve the clarity, accessibility, and internal consistency of rape legislation, while also ensuring that legal labels and penalties better reflect the seriousness of the offense.
The Indian Telecommunications Act 2023 has sparked significant discourse on whether the law perpetuates a colonial legacy, as its critics claim, or represents a decolonial turn, as asserted by the government. This Article argues that the Act does not constitute a genuine rupture but instead perpetuates existing power structures. Using a post-colonial lens, I trace the historical development of the telegraph network and its regulation during the colonial period, examining how the legal framework evolved post-independence, leading to the Telecommunications Act.
The Article analyzes how the telegraph, which was critical for British victory in the 1857 revolt, expanded significantly, fueled by colonial anxieties. It explains how the telegraph and its regulations became integral to the British emergency governance apparatus, essential for surveillance, control, and domination over the population. During this period, I identify three key aspects that constitute the colonial disposition underlying telegraph regulations: technology as control, state-subject dynamics, and relentless accumulation. I demonstrate how over a period of 150 years, despite changes in the legal framework and underlying technology, these key characteristics of colonial continuity have remained the same. The Article concludes that the Telecommunications Act fails to dismantle the colonial architecture, instead expanding its reach.
The rules-based international order faces an existential paradox. Eight decades after its founding, international law has never been more vital to human flourishing, yet it has also never been more imperilled. Developments in recent years such as the invasion of Ukraine and the erosion of the multilateral trading system represent more than institutional failures – they expose critical fault lines that, if left unaddressed, threaten to fracture the foundational architecture of international law. This article explores what these trends reveal about the future of the international rule of law and contends that the way forward requires a spirit of sober optimism – one that neither abandons hope nor ignores hard realities about the existing legal order. It suggests that this approach represents our best hope for securing humanity’s shared future.
Common law courts will enforce jurisdiction agreements unless they find ‘strong cause’ or ‘strong reasons’ not to. This article argues that the strong cause test is the product of the fact that jurisdiction agreements should generally be viewed as weighty factors under forum non conveniens. In particular, this is because a jurisdiction agreement reflects parties’ well-informed view that their chosen court is the appropriate forum for their dispute, to be departed from only in exceptional circumstances. This account explains various features of the strong cause test which otherwise prove difficult to rationalise, and also holds implications for the law’s treatment of non-exclusive jurisdiction agreements and contractual anti-suit injunctions.
This article offers an interdisciplinary approach to the intersection of memory, narration, and migration as a fruitful theoretical framework to analyse Refugee Tales. These are the publications of the Refugee Tales Project, fostered by the Gatwick Detainees Welfare Group with the goal of abolishing indefinite detention in the UK. The tales give voice to the refugees’ experience of forced displacement, asylum claim, and detention, and most of them are collaboratively narrated by the refugee and an established writer. My contention is that the exercise of (re)telling inherent in Refugee Tales can be examined in the light of the concept of communicative remembering, considering how the refugee and the writer engage in a dialogic co-construction of the refugee’s autobiographical memories. In this context, the article aims at exploring how (re)telling and remembering go hand in hand in a selection of narratives from the latest volumes of the series: Refugee Tales IV (2021) and Refugee Tales V (2024). Both include the experience of COVID-19 as a context or as content of remembering, and so the pandemic becomes one more factor in the process of giving voice and listening to the refugees’ testimonies of indefinite and arbitrary detention in the UK.
This book is the first history of juvenile justice in Ireland. Utilising a ‘governmentality’ framework, it charts the emergence of juvenile justice from the beginning of the nineteenth century to the present. It unearths the underlying rationalities, technologies and forms of identity that are employed to govern the child and young person within the modern Irish juvenile justice system. In Ireland, the state was to a large extent absent from the practicalities of regulating children for most of the twentieth century, abdicating its responsibilities to religious and voluntary organisations. Also, for almost a century there was little in the way of legislative or policy development in this area. With this in mind, it makes little sense to concentrate primarily on the state in order to explain how we arrived at the youth justice system. By utilising a governmentality approach the book takes the focus away from an analysis of the ‘state’ and concentrates on an analysis of the ‘problematics’ of government. The book charts the changing mentalities or lines of government in a wide range of documents, including reports of inspectors of reformatory and industrial schools, reports from prison authorities, police reports, reports of commissions of inquiry, reports from lobbyists, individual testimonies, academic studies, policy or strategy documents, management guidelines and training and practice manuals.
The introduction provides a brief overview of the development of the Irish juvenile justice system, highlighting the lack of legislative and policy development throughout most of the twentieth century. It introduces the reader to the key legal and policy developments including legislation underpinning the reformatory and industrial school system, the Children Act, 1908, the Children Act, 2001 and the development of the Irish Youth Justice Service. It also explains how the book adopts a governmentality approach, examining the development of juvenile justice in Ireland from four separate perspectives: how the system itself became visible, in terms of its underlying rationalities, in terms of the technologies of government and finally in the context of the forms of childhood identity employed to govern. It finally provides a brief outline of the book itself.
Chapter 4 examines the range of rationalities that underpin the Irish juvenile justice system. By examining numerous official and unofficial reports as well as other relevant historical literature not accessed before in this context, this chapter unpicks the main governmental rationalities that occupy this space and traces the key lines of government. Recent rationalities to emerge in this regard are those of ‘community’ and ‘citizenship’. Rationalities such as social work, probation and psychology began to gain prominence in the 1960s as the dominant religious discourses began to be challenged. Although the reformatory and industrial school system has been replaced, the underlying rationality of reformation remains active within the juvenile justice field. This chapter highlights the fact that the Irish juvenile justice system is currently underpinned by a wide range of rationalities including, risk, social work, community, youth work and psy expertise.
The conclusion firstly reviews the four main lines of enquiry that have been undertaken by the book. It then highlights the manner in which the state has become enmeshed in the activity of governing children and young people. This increased governmentalisation of the state, in the context of the development of the Irish juvenile justice system, has gained significant momentum in the twenty-first century with the ‘rationalisation and restructuring’ of services and the establishment of the Irish Youth Justice Service and the Department of Children and Youth Affairs. In contrast with the state of affairs that existed from the mid-nineteenth century to the beginning of the twenty-first century in Ireland, the state has assumed a central role in governing children and young people within the juvenile justice system. This can be seen in terms of its increased role in the areas of inspection, advocacy, diversion, detention, care and protection.
Chapter 5 examines the technologies that are employed within the juvenile justice system to govern young people. These technologies are classified as either disciplinary or pastoral. Disciplinary technologies usually involve a specific regulation of time and space. This manifests itself in some form of panoptic architecture combined with the day-to-day regulation of time. They are embodied in detention centres, reformatory and industrial schools and special care units where strict regulations govern the organisation and movement of those contained within them. Pastoral technologies, on the other hand, usually involve some element of confession and self-disclosure and entail some form of pastoral relationship with another person. They are generally found in community-based programmes such as restorative justice initiatives, crime prevention initiatives, youth projects and Probation Projects. Until the early 1970s the juvenile justice system was dominated by disciplinary technologies epitomised by reformatory and industrial schools. With the decline of the institutional model of regulation and the ascendancy of the diversionary model, pastoral technologies have come to dominate the justice system with large numbers of young people governed in ‘open’ sites within the ‘community’.