Articles for author: Neus Torbisco Casals

The Spanish Amnesty, the Conflict with Catalonia, and the Rule of Law

The Spanish amnesty for the Catalan independence movement is a victory for the rule of law, rather than a defeat. It is not an exemption from punishment otherwise due, but instead a reflection of the fact that the acts now amnestied should never have been subject to criminal prosecution in the first place. It is thus also a way for Spain to return to compliance with its obligations under European and international human rights law.

20. März 2024

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Navigating Multiplicity in Law

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How do different actors navigate law’s multiplicity? This panel will bring together perspectives from law, critical theory and legal anthropology to discuss how actors’ engagements with legal norms shifts our understanding of law as a unitary order.

12. Januar 2021

Overlapping Spheres of Authority and Interface Conflicts in the Global Order

The Conference on Multiple Legalities is organized as part of the interdisciplinary research group “Overlapping Spheres of Authority and Interface Conflicts in the Global Order”. Three research groups present their main insights from this multi-year collaborative endeavor in conversation with Jeffrey L. Dunoff. Some research results can be found in a Global Constitutionalism Special Issue.

12. Januar 2021

Verticality and Struggles over Human Rights

How do different legal orders interact vertically? Is this interaction marked by conflict and contestation, or by compromise and collaboration? This panel looks at three different such interactions: between domestic courts and the Inter-American Court of Human Rights; between regional human rights courts and United Nations Treaty Bodies; and between Swiss domestic law and the lex sportiva.

12. Januar 2021

COVID, Crisis and Change in Global Governance

Crises facilitate change: they remove obstacles which, in normal times, favour the status quo. Crises often strengthen existing trends which may have been slowed down by institutional inertia or political resistance. An event of the magnitude of the COVID-19 crisis is likely to have serious consequences in domestic as well as international politics. What will it mean for global governance? Which tendencies is it going to reinforce, which ones will it weaken? Six conjectures.

17. April 2020

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The Spanish Constitutional Crisis: Law, Legitimacy and Popular Sovereignty in Question

The Spanish constitutional crisis is escalating, and it has now – finally – found broader attention, thanks to the referendum on 1 October and the violence of the Spanish police trying to prevent it from being held. Still, much confusion reigns on how to approach the crisis, apart from the obvious condemnation of the human rights violations during the referendum and in the weeks leading up to it. Having been a close observer of the unfolding crisis for the last decade, here some attempts at clarification.

7. Oktober 2017

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The Backlash against International Courts

International courts seem to be living in hard times. The International Court of Justice is openly challenged by the Italian Constitutional Court, the European Court of Human Rights faces political initiatives to curtail its power in the UK and in Switzerland, the International Criminal Court is up against occasional rebellion in a number of African countries, the Inter-American Court of Human Rights has been confronted with challenges by courts and governments in Venezuela and the Dominican Republic, and several (especially Latin American) countries have initiated a backlash against international investment arbitration. This symposium has debated a number of these cases ... continue reading

16. Dezember 2014