This note tries to determine the most appropriate way to position international administrative tribunals (established by a number of inter-governmental organizations) in the public international legal order, and identify the substance of the so-called international administrative law applied therein. There is an emerging group of laws arising from numerous international administrative tribunal decisions that form a substantive body of legal rules applicable therein: a law of international civil service. Judges in those tribunals, who look for an appropriate source whenever they face a non-liquet situation, use the concept of international administrative law to overcome such difficulties. Judges should not hide themselves behind an ambiguous notion of international administrative law or general principles, but apply the law of international civil service with confidence.

Global law and the environment is an increasingly prominent and rapidly evolving area of scholarship. In confronting global challenges such as climate change, biodiversity loss, freshwater scarcity, and other symptoms of planetary breakdown, critical scholars from different intellectual traditions are questioning the traditional approach taken within environmental law which has, so far, only managed to save “some trees” but failed to keep “the forest”. These dominant legal interactions often use the law to address “problems” after they arrive. However, the law plays a key role also in constituting these “problems” by incentivizing certain harmful activities, upholding socio-political-economic structures, and through the limited framing of the issues it claims to solve. It is becoming increasingly clear that we live in a “legally constituted world”. Against this background, there is a need for further critical reflection on the role of the law in preventing, addressing, and even driving the entangled socio-ecological-economic crises of modernity. Through interrogating the assumptions that underlie environmental law, critical scholars have exposed, challenged, and put forward alternative visions to its neo-colonial and gendered biases; its exclusion of indigenous perspectives and voices; its construction upon problematic representations of “the environment” that centres an anthropocentric worldview; and a neoliberal economic order that fosters vast environmental damage.

This article examines the approaches taken by the Asian Development Bank Administrative Tribunal and the Administrative Tribunal of the Inter-American Development Bank Group in deciding discrimination claims. The article reviews the basic features of each tribunal before examining their jurisprudence on equality of treatment and issues of information disclosure in discrimination cases. Decisions to date have addressed claims of disparate treatment relating to various aspects of remuneration and benefits as well as allegations of arbitrary treatment vis-à-vis others similarly situated. A few cases have involved allegations of discrimination on the basis of sex/gender, one of several protected grounds in equality law. The number of judicial dissents in discrimination cases suggests that the tribunals have encountered some difficulty in handling them. The article points to a gradual but still incomplete approximation of the decisions of such tribunals to contemporary developments in discrimination law, and suggests a possible way forward.

Global animal law has emerged as a new legal subdiscipline and area of study following the widespread proliferation of animal law and animal law studies across the globe. However, there remains confusion as to what exactly global animal law is. Early global animal law studies are also entrenching norms that facilitate coloniality and neglect intersecting oppressions. In response, this article proposes a conception of global animal law based in global law metatheory and second wave animal ethics. This article critically analyses instances of “globabble” within global animal law, where global-speak has masked ethnocentric, western influence, and bias. This article recommends diversifying and decolonizing global animal law, relabelling some such work as western/European perspectives on animals and international law. It also recommends focusing on deep, critical, and radical animal justice in lieu of welfarism or rights-based theory. The article argues this could inspire a more interconnected, post-Westphalian, multilateral global animal lawscape.

This article examines the implications for a change in framework from sustainable development to degrowth in the environmental and social discourse of International Economic Law (I.Econ.L.). It argues that the framework of sustainable development accommodates the Global North's inaction in assuaging environmental degradation and alleviating global inequality by remaining embedded in a capitalist, growth-oriented political economy. Degrowth would provide a strategy to move past such an impasse by encouraging actors to grapple with the role growth plays in the rationale behind I.Econ.L. Degrowth advocates a planned economic contraction to reconcile human's relationship with the environment. This project serves as the first effort to link ideas of degrowth with I.Econ.L. and seeks to identify some of the areas in I.Econ.L.'s scholarship where degrowth would serve as an alternative to sustainable development and what such an alternative would mean for the norms in the different areas of I.Econ.L.

The first international administrative tribunal was set up in 1927. Since the Second World War many worldwide and regional international organizations were set up. They either created their own tribunal or accepted the jurisdiction of another tribunal for the adjudication of employment disputes. Dozens of such tribunals are functioning at present. Recently a number of organizations have withdrawn from the Administrative Tribunal of the International Labour Organization (ILOAT), and either set up their own tribunal or accepted the jurisdiction of another tribunal, which amounts to forum shopping. However, the proliferation of tribunals entails the risk of diverging judgments. Some cases have indeed occurred over the years, which have often been followed by calls for the merging of tribunals, or for the creation of a common appellate court. Some studies were made, but no concrete action was ever undertaken. Generally, there has been some convergence; however, it is likely that the current proliferation will remain.

There seem to be no answers to resolve the deadlock between the Global North and the Global South on liability and compensation for loss and damage from climate change. Revisiting the original story of international environmental law from the Stockholm Conference of 1972 may help us address these historical tensions. In doing so, this article unveils the genesis of Third World Approaches to International Law (TWAIL) from the Stockholm Conference as an alternative consciousness centred around the aspirations of the Global South. Indira Gandhi's plenary address at Stockholm outlined the Global South's position on environmental issues, which greatly influenced early TWAIL scholarship in the 1980s. Locating TWAIL's origins at Stockholm allows us to: (1) chart the environmental concerns of the Global South till date; (2) infer its evolved view on the “development versus environment” debate; and (3) understand the role of future TWAIL scholarship in challenging the enduring and structural limitations of international environmental law, especially in future deliberations on loss and damage.

International organizations create independent administrative tribunals to decide employment disputes that jurisdictional immunities place beyond the reach of national courts. The Asian Development Bank Administrative Tribunal's express mandate is to enforce the terms of employment of staff members but, in discharging that function, it has not hesitated to review the validity of those terms and strike down those that contravene the Bank's basic legal documents and “general principles of law”. This paper reviews how this power of judicial review emerged in the case law of the Tribunal, and what it has meant for both the institutional autonomy of international organizations and the fair treatment of staff members.

International environmental law has come a long way in addressing humans’ extractive and negative relationship with nature, although despite its profound anthropocentrism and economic focus. This paper analyzes how and whether international environmental law can be conceived differently by incorporating different perspectives about the human/nature relationship. More specifically, the article engages with the concept of multinaturalism, as developed by anthropologist Eduardo Viveiros de Castro, to address the advantages and significance of admitting indigenous forms of life in international environmental law. Forms of life which not only relate to nature differently but can conceive of nature differently. Taking such an approach requires a methodological shift to examine the existence of forms of life that invert the traditional Western conception of nature and culture, thus allowing for the potential to move international environmental law beyond anthropocentrism, while providing elements to resolve the tension between development/economic concerns in ecological conservation and long-term species survival.

Denied citizenship and persecuted in Myanmar, the Rohingya have fled to various countries, including Malaysia. However, Malaysia is not a signatory to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. It also has weak domestic legal and regulatory mechanisms to protect refugees and asylum-seekers. In this paper, the authors study the treatment of Rohingya refugees in Malaysia and suggest how the Malaysian legal system can better protect them by adapting international legal practices.

President Rodrigo Duterte won on a law-and-order campaign promise to fatten the fish in Manila Bay with the corpses of criminals. By the time the Philippines withdrew from the Rome Statute, the body count stood at a reported 30,000, a fifth of whom were openly killed in Philippine National Police (PNP) anti-drug operations. Duterte has since been accused of Crimes Against Humanity, inter alia, as “a person effectively acting as a military commander” under Article 28(a) of the Rome Statute for failing to prevent, repress, and report the crimes of his police subordinates. This study tests the veracity of that claim. It seeks to determine whether Duterte, as the Chief Executive and overall superior of the PNP – statutorily, a civilian group – may be held liable as a military-like commander under the doctrine of command responsibility. At the core of this query lies a singular concern far from simple: the meaning of military-likeness.

Agrobiodiversity conservation is vital for food security, maintaining ecological balance, and preserving socio-cultural norms. There is substantial evidence to support that agrobiodiversity hotspots coincide with localized, small-scale peasant food systems. Preserving such food systems is necessary for protecting agrobiodiversity. The current legal framework over agrobiodiversity is fragmented and inadequate. A major portion of this framework is situated within intellectual property law and farmers’ rights law, neither of which are designed to foster sustainable management of agrobiodiversity. In this context, the 2018 Peasants’ Rights Declaration has the potential to fill the gaps in the existing framework. The paper critically analyses the Declaration by exploring some of its legal innovations in improving agrobiodiversity conservation. While some of these innovations are commendable, they are unlikely to be adopted by states owing to their radical nature. Their adoption would require a massive overhaul of the existing agricultural model and power structures embedded within it.

As of 2020, close to 1 billion people are living with mental disorders. The COVID-19 pandemic has revealed and intensified the shortcomings in guaranteeing the right to mental health, particularly of the marginalized. The article discusses the international human rights framework with the endeavour of highlighting the non-derogability of the right and the obligations imposed on States in pursuance of it. By discussing the Indian experience the article exemplifies that, despite greater normative clarity, practice has not been brought into conformity in most States, resulting in pre-existing lacunae being amplified during the pandemic. The article proceeds to outline recommendations for States to consider by treating India as a global reference. The overarching conclusion is that while the pandemic has made it even more apparent that the implementation of the rights-framework is deficient, it has also provided an opportunity to advance which can only be availed by operationalizing this framework.

This paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as it relates to the rules of evidence and procedure in the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. It traces the evolution of the judicial power to draft and amend these rules, and examines the impact of these decisions on the everyday functions of the tribunals and how truth is determined.

The first two decades of the twenty-first century saw the rapid rise of China in the global stage. During this period, China acquired valuable knowledge and expertise in International Economic Law (IEL), and expanded its trade and investments across the globe. The emergence of China has benefitted many countries in Latin America and the Caribbean (LAC) in terms of trade and investment; however, it is unclear whether IEL has contributed with the expansion of China's economic relations with LAC. This article aims to address this question by reviewing the strategies and mechanisms employed by China to promote trade, investment and development finance in the region. Its central argument is that China has opted to engage with LAC using an eclectic platform that combines hard law instruments and institutions as well as other soft law mechanisms.

In the past decade China's engagement with UN peacekeeping has intensified. In particular, Beijing has supported and participated in peace operations that were not fully compatible with the consensual, impartial, and non-coercive models of peacekeeping traditionally employed by the United Nations. China's endorsement of offensive and intrusive missions is not inconsequential, given that it clashes with its professed adherence to rigid interpretations of the principles of sovereignty, non-intervention, and the non-use of force in international relations. This article suggests that to make sense of China's involvement in unconventional peacekeeping operations one must examine the broader process of foreign policy recalibration that is redefining the interests and priorities of the country as a new great power. Furthermore, by examining China's ambivalent approach to the principles that have traditionally defined the legal framework of UN peacekeeping, this article highlights the opportunities and challenges that China will face as a provider of international security.

While the Responsibility to Protect (“R2P”) doctrine synergizes modern international law against atrocities, its legal underpinnings formed in Europe much earlier. Scholarship thus attributes R2P's origin to the Just War traditions as early as the fourth century, which particularly endorsed external interventions against tyranny. The Ancient Chinese had championed similar ideas of Just War, encompassing jus ad bellum recognition of war against unworthy sovereigns and jus in bello. Nevertheless, the Chinese traditions charted a different course. While in Europe, Just War rationalized the interventionist protection of co-religionists during the Reformation and later of oppressed Christians ruled by the Ottomans; the Chinese humanitarian expedition was discontinued by the advent of the Qin Empire. As R2P literature largely ignores ancient Chinese doctrines and practice, this paper investigates how they veered away from the pre-Qin traditions. It particularly illustrates how “tyranny” was perceived differently, and why “atrocity” and “minority protection” appeared alien concepts.

International clean technology diffusion is essential to mitigate and adapt to climate change, while fast and optimal diffusion can be prevented by the paywall of patents. This article explores the deficiency in clean technology diffusion caused by the legal fragmentation and rule complex of international environmental law and intellectual property law. It systematically examines three pathways to foster international clean technology diffusion through: restriction of intellectual property, including imposing external restraints in environmental law; striking internal balancing in maximizing TRIPS flexibilities; and keeping the status quo. It argues that treaty pathways may not work, and an operable pathway to promote clean technology diffusion is to maximize and consolidate TRIPS flexibilities in national laws. This option challenges the popular proposal of a “Doha-like” declaration on TRIPS and climate change due to the paralyzed multilateral trade mechanism, asymmetrical negotiation power of developing countries, prolonged negotiation process, and categorization problem in treaty negotiations.