Seeing and unseeing Prevent’s racialized borders

This article provides a re-theorization of the Prevent strategy as racialized bordering. It explores how knowledge regarding the racist logics of British counter-terrorism are supressed through structures of white ignorance and how International Relations scholarship is implicated in this tendency to ‘whitewash’ Prevent’s racism. Building on the use of science fiction in International Relations, the article uses China Miéville’s novel The City and the City to undertake the analysis. Miéville evokes a world where the cities of Ul Qoma and Besźel occupy the same physical space but are distinct sovereign jurisdictions. Citizens are disciplined to ‘see’ their city and ‘unsee’ the other city to produce borders between the two. The themes of coding signifiers of difference and seeing/unseeing as bordering practices are used to explore how Prevent racializes Muslims as outsiders to a white Britain in need of defending. Muslim difference is hypervisibilized or seen as potentially threatening and coded as part of racialized symptoms which constitute radicalization and extremism. This article shows how the racial bordering of Prevent sustains violence perpetrated by white supremacists, which is subsequently ‘unseen’ through the case of Thomas Mair

The location of international practices: what is human rights practice?

This article opens up space to challenge state-centrism about human rights practice. To do so, it presents and critically assesses four methods that can be used to determine who and/or what counts as a part of any international practice: the agreement method, which locates a practice by referring to speech acts that define it; the contextual method, which locates a practice by referring to the actions, meanings, and intentions of practitioners; the value method, which locates a practice by identifying a value or principle that the practice reflects or instantiates; and the purpose method, which locates a practice by constructing an account of the sociopolitical reason(s) for a practice's existence. The purpose method, based on an interpretation of Rawls' constructivism, is developed, in a way that focuses on practitioners' judgement-based reasons to assign responsibility for human rights to any state or non-state actor

Being Metaphysically Unsettled: Barnes and Williams on Metaphysical Indeterminacy and Vagueness

This chapter discusses the defence of metaphysical indeterminacy by Elizabeth Barnes and Robert Williams and discusses a classical and bivalent theory of such indeterminacy. Even if metaphysical indeterminacy arguably is intelligible, Barnes and Williams argue in favour of it being so and this faces important problems. As for classical logic and bivalence, the chapter problematizes what exactly is at issue in this debate. Can reality not be adequately described using different languages, some classical and some not? Moreover, it is argued that the classical and bivalent theory of Barnes and Williams does not avoid the problems that arise for rival theories

Empagran’s Empire: International Law and Statutory Interpretation in the US Supreme Court of the 21st Century

In its Empagran decision in 2004, the US Supreme Court decided that purchasers on foreign markets could not invoke US antitrust law even against a global cartel that affects also the United States. The article, forthcoming in a volume dedicated to the history on international law in the US Supreme Court, presents three radically different readings of the opinion. The result is that Empagran is a decision that is transnationalist in rhetoric, isolationist in application, and hegemonial in its effect. A decision with a seemingly straightforward argument is found riddled in the conflict between these different logics. A decision with few references to international law displays deep links to some of the most pressing international law issues. A decision with a forward‑looking globalization rhetoric finds itself mired in history. A decision praising harmony displays somber parallels to decisions refusing interference with the evil of slave trade. This has implications for our understanding of international law today, and for its place in its own history. Paul Stephan has responded to the essay: http://ssrn.com/abstract=155987

Unknowable bodies, unthinkable sexualities: lesbian and transgender legal invisibility in the Toronto women's bathhouse raid

Although litigation involving sexual orientation and gender identity discrimination claims has generated considerable public attention in recent years, lesbian and transgender bodies and sexualities still remain largely invisible in Anglo-American courts. While such invisibility is generally attributed to social norms that fail to recognize lesbian and transgender experiences, the capacity to 'not see' or 'not know' queer bodies and sexualities also involves wilful acts of ignorance. Drawing from R. v Hornick (2002) a Canadian case involving the police raid of a women's bathhouse, this article explores how lesbian and transgender bodies and sexualities are actively rendered invisible via legal knowledge practices, norms and rationalities. It argues that limited knowledge and limited thinking not only regulate the borders of visibility and belonging, but play an active part in shaping identities, governing conduct and producing subjectivity