Articles for category: AAA General

Pardons, Criminal Theory, and Political Sociology

Donald Trump’s use of the presidential pardon has transformed a constitutional power into a tool of personal loyalty and partisan retribution. Rather than correcting injustice, his pardons reward allies, shield loyalists, and punish critics. This shift reflects not only a philosophical challenge to the logic of criminal law, but also a deeper sociopolitical trend: the erosion of accountability through transactional governance. As legal boundaries blur and institutional checks falter, the rule of law itself is drawn into the orbit of authoritarian impulse.

21. August 2025

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Is Montevideo Sinking?

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Following the ICJ’s opinion, only time will tell whether the Montevideo criteria are themselves “sinking,” and what might replace them. It remains doubtful whether sunken States could be sovereign equals to States with territory, as they would necessarily rely on the goodwill of their host State to cede jurisdiction to some degree. Even though the ICJ’s opinion is a big step forward (especially) for small island States, it cannot, by itself, preserve a State’s full sovereignty once its territory is submerged. Small island States have contributed the least to climate change, yet now face an existential threat. This unfair fate must be prevented. I

19. August 2025

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Statehood in the Climate Crisis

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In this blog post, we zero in on the part of the ICJ's climate advisory opinion that concerns statehood. Specifically, we analyze the ICJ’s restatement of the presumption of state continuity, examining both what the Court says and doesn’t say, and what the implications could be. We also consider the individual opinions that discuss statehood and add some brief reflections on the applicability of Article 1 of the Montevideo Convention on the Rights and Duties of States (Montevideo Convention) and on State extinction. Our analysis is preliminary, and certainly much ink will be spilled on the ICJ’s remarks going forward.

19. August 2025

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Eroding Independence

On 7 August 2025, India’s Leader of the Opposition Rahul Gandhi made serious allegations of large-scale voter fraud. Examining electoral rolls covering approximately 650,000 voters in one state assembly constituency within a parliamentary constituency, Gandhi claimed that over 100,000 voters had significant irregularities that hinted at manipulation. This post does not discuss the veracity of these allegations. Rather, the goal here is to contextualise these allegations against the backdrop of a sharp decline in the independence and trustworthiness of the Election Commission of India.

19. August 2025

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Against Abusive Essentialism

Dixon identifies two means of abusive feminism – formalism and descriptive representation – both of which have found currency in the South Asian context. The South Asian region has a long history of female leaders of states, but their rule demonstrates that no easy causations can be drawn between descriptive presence of women in positions of power and democracy. Women can be and are good and bad leaders just as men. The framework of abusive feminism can help us recognize the dynamic nature of authoritarian rule and take a contextual, multi-institutional, and intersectional approach in our responses.

18. August 2025

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When Custom Binds All States

The ICJ affirmed that States have binding customary obligations to prevent significant harm to the climate system and to cooperate in addressing the crisis. Rejecting arguments that climate treaties override these duties, the Court clarified that non-parties remain bound. While acknowledging law’s limits, the ICJ’s opinion provides a powerful legal foundation to guide climate negotiations, litigation, and collective action worldwide.

15. August 2025

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Abusive+ in Brazil

In the recently published article Abusive Feminism, Rosalind Dixon problematizes the weaponization of “feminism” by actors as a means to erode, rather than promote, democratic ends, and provides a path for those who wish to resist it. Brazil offers powerful examples of the phenomenon identified by Dixon, confirming many of her conclusions – and, conversely, unearths aspects that could help us deepen our understanding of how abuse happens.

15. August 2025

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Abusive Feminism in Power

The concept of abusive feminism proves useful in interrogating the true nature of Meloni’s government. Rosalind Dixon defines abusive feminism as the use of feminist language and symbols by authoritarian or illiberal regimes to legitimize anti-democratic or oppressive practices. Crucial is the distinction between a “feminine” government and a “feminist” one: as Dixon warns, the mere fact of having a woman serving as Prime Minister does not, in itself, guarantee the pursuit of a genuine gender equality agenda. Meloni is a case in point.

14. August 2025

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Ima Polonia

In Hebrew, there’s a figure known as the ima Polonia – the “Polish mother” – a woman who offers love that feels more like emotional leverage than care. Poland’s recent politics have mirrored this dynamic. Between 2015 and 2023, under the alt-right Zjednoczona Prawica government, the image of the woman, be it as judge, activist, or politician, was often instrumentalised to undermine progressive, pro-democratic causes. The government framed its actions as caring rather than punishing (just like ima Polonia), using women not to promote their rights but to support anti-feminist changes.

13. August 2025

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A Panoply of Consequences?

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Among the most significant – but underexplored – aspects of the ICJ’s climate advisory opinion is its treatment of reparations and remedies. This blog post unpacks the legal consequences outlined by the ICJ, examining what the opinion says – and does not say – about how climate-related harm should be remedied. At the heart of this analysis lies a central question: can the affirmation of legal responsibility, without clear guidance on the design of reparations, meaningfully advance climate justice?

12. August 2025

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