Part I Context, Ch.8 Legal Imagination and Teaching

This chapter argues that while dispelling wishful thinking is important in teaching and writing about international environmental law, it is equally important to foster legal imagination. It begins by considering three challenges in teaching international environmental law. These challenges include the lack of intellectual baselines among students, scholars, and teachers; the legal complexity of the subject; and the ‘hope’ that is often placed in international environmental law. Responding to the third of these challenges means that much of the focus in teaching in the field of international environmental law has been to dissuade wishful thinking. The chapter then shows how the focus on wishful thinking has overlooked the importance of legal imagination in international environmental law. It considers how an important aspect of fostering legal imagination is to ground it in legal reality.

Legal complexity and state obligations to the right to food: Towards an analytical shift of progressive realisation

The article aims to analyse what it means to study state obligations to progressive realization of the right to food from the perspective of legal complexity. This perspective studies law not in isolation, rather in the existence of multiple legal systems at socio-political space of states. The article highlights that employing legal complexity, particularly with its understanding on interlegality and space, may enable one to gain alternative insights in the ways that states measure their commitment to carry their obligations to respect, protect and fulfill the right to food.

Immigration detention and juxtaposed border controls on the French north coast

In this article, I build on criminological accounts of immigration detention by examining British short-term holding facilities located on French territory in the ports of Calais and Dunkerque and the policies and treaties that govern them. For a number of reasons, including barriers to research access, their legal complexity, and their modest size and nature, these institutions have received little empirical or theoretical scrutiny. Yet, as I shall demonstrate through an analysis of a range of published material from Parliamentary debates, government and non-governmental agencies, the media and the Internet, as well as observations of the sites themselves and figures about them, these banal, bureaucratic sites of temporary custody play an important role in upholding the more familiar border spectacle of the region.

The Involvement of Private Security Companies in Multinational Military Operations

The chapter examines the involvement of private security companies in multinational military operations. It is quite common that various tasks that are relevant to a mission’s mandate are ‘outsourced’ to private military companies and security providers. This involvement of private security providers further adds to the (legal) complexity of the mission because it brings in the legal dimension of the contracting state, the home state, and the territorial state, as well as an additional private actor. The specific focus of this chapter is on the question of how rules (and soft-law standards) applicable to private security providers interact with the legal framework and rules applicable to the mission as a whole.

POLITIK HUKUM PENERAPAN OVERSEAS CITIZENSHIP OF INDIA (OCI) DALAM SISTEM KETATANEGARAAN INDONESIA

The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI) concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.