Jurisdiction

Title by Registration: Instituting Modern Property Law and Creating Racial Value in the Settler Colony

“…As many scholars have recently argued, colonial sovereignty as expressed through jurisdiction reflects a long period of settling, 110 and the continued presence of indigenous laws presents possibilities for moving towards decolonized, shared jurisdictional spaces. 111 Another aspect of the colonial encounter not explored in this article is aboriginal resistance to the imposition of settler colonial property relations. Irene Watson has written powerfully of raw law,`the still-existing, living, breathing' law of First Nations in Australia.…”

Lest We Forget (Matter) Posthumanism, Memory, and Exclusion

“…I want to conclude with a note on research ethics, on the basis of Shaunnagh Dorsett and Shaun McVeigh's (2012) appeal to the link between office (or authority), conduct, and responsibility. In the context of exploring the jurisprudence of jurisdiction, Dorsett and McVeigh establish the Roman use of jurisdictio to denote the authority to act an office, role or position.…”

Dreams and Nightmares of Liberal International Law: Capitalist Accumulation, Natural Rights and State Hegemony

“…In shaping a liberal world order the juridical language of natural rights, as a liberal discourse of human rights (Douzinas 2000), and as an economic discourse of free-market capitalism, has operated as the underlying conceptual content of liberal international law (Koskenniemi 2011a, b;Pahuja 2011). For the USA, and allied liberal states, the discourse of natural rights has been posited as a universal juridical language whose 'jurisdictional' (Dorsett and McVeigh 2012) reach is viewed as potentially infinite, especially when framed in terms of questions of 'humanitarian intervention' (Orford 2007) and neoliberal economic development (Chimni 2006). Institutionally, natural rights and liberal dreams of an institutional federation of states underpinning international law, the United Nations (UN), have been set in place since 1945 primarily through the workings of US political, economic and military power.…”