This installment of Write On!, our periodic compilation of calls for papers, includes calls to submit papers to the Law Department of the European University Institute for a two-day Doctoral Forum on International Law as follows:

 The Law Department of the European University Institute is hosting Practising Reflexivity in International Law, to be 网络加速 at the Department of Law, Villa Salviati, in Florence, Italy with the help of the European Society of International Law. The theme is addressing the challenges international lawyers face today, including the rise of populism, growing economic inequality, climate change, and unraveling global cooperation. In addressing these challenges, the situation of international lawyers–e.g., their race, gender, or position in the field–and its influence on how they think and address these challenges has been seldom considered overtly. Building on this reflexive attitude, long productively discussed in the social sciences, this Forum invites contributors to explore practicing reflexivity in their own work and in the field of international law.

The practice of reflexivity takes the international lawyer as an object of research, examining their situation and how it influences what they do or think, and it can also extend to an examination of the field itself and the scholarly endeavour. In particular, this Forum seeks to investigate how the practice of reflexivity could uncover disciplinary routines and create possibilities for new or alternative interventions in response to the field’s most pressing challenges. Abstracts of around 500 words are due by September 13, 2023 to DFIL@eui.eu. For more information, please click here.

This open access handbook is the first of its kind, and provides a comprehensive and carefully curated multidisciplinary view of the state of the field of Critical Menstruation Studies, opening up new directions in research and advocacy. Through empirical research, personal narratives, practice notes, conceptual essays, OpEds, visual art and transnational dialogues, this collection responds to the question “what new lines of inquiry are possible when we center our attention on menstrual health and politics across the life course?”

Written by 134 contributors from more than 30 countries, the chapters collectively establish Critical Menstruation Studies as a potent lens that reveals, complicates, and unpacks inequalities across biological, social, cultural, and historical dimensions. This handbook is an unmatched resource for researchers, policy makers, practitioners, and activists new to and already familiar with the field as it rapidly develops and expands. Access the handbook here.

Paralysis at the WTO

The Multi-Party Interim Appeal Arbitration Arrangement (MPIA) notified to the World Trade Organization (WTO) on April 30^th, 2023, was developed by twenty (20) WTO members to overcome the current paralysis of the WTO’s dispute settlement process. Resolving trade disputes that arise between its members is a core WTO function and considered a central component of the multilateral trading system. Its dispute settlement process is the mechanism by which WTO members seek peaceful enforcement of the rules to which they have agreed and the concessions they have negotiated with each other. As provided for in the WTO Dispute Settlement Understanding (DSU), disputants are required to first undergo consultations and attempt to resolve the issues(s) at this phase. About one-third of the cases move on to the adjudicative phase where an 加速器 Panel of experts (usually three) hears and makes a determination on the case. The losing party has the right of appeal to the WTO Appellate Body, constituted as a permanent body of seven members whose role is to review the legal aspects of the Panel Report under appeal. Panel and Appellate Body Reports are adopted by the entire WTO membership and are binding on the parties to the dispute. Since 2017, the United States has blocked the appointment of new members to the Appellate Body to replace those whose terms have expired. Consequently, the Appellate Body no longer has the required minimum of three members needed to hear appeals, resulting in the current state of paralysis.

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The signatories to the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have committed to use the arbitration procedures provided for under Article 25 of the DSU as an interim appeal procedure while the Appellate Body is unable to fulfill its functions because of the current crisis. MPIA signatories envisage that: (i) their appeals will be heard by three (3) arbitrators chosen from a pool of ten (10) standing arbitrators selected by the participating Members; and (ii) the appeal arbitration procedures will be based on the substantive and procedural aspects of Appellate Review laid out in Article 17 of the DSU. These procedures are also laid out in Annex 1 to the MPIA. Furthermore, Article 25 of the DSU on the use of arbitration requires that the parties to the proceeding also abide by specified requirements for all cases, notably: (i) compliance with timeframes; (ii) notification of the decision to the WTO where any Member may raise any relevant point it wishes; (iii) acceptance of and prompt compliance with the arbitral award; and (iv) the use of the remedies of compensation and suspension of concessions. This last requirement underscores the importance of the WTO dispute settlement process in limiting retaliation against a non-compliant member to peaceful methods. Unlike Panel and Appellate Body Reports, however, the arbitral awards will not be adopted by WTO Members. Finally, the MPIA provides that any WTO Member may join or withdraw from the MPIA, with proper notification.

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Can the MPIA “Save” the WTO?

The MPIA cannot “save” the WTO. Nor is it intended to do so. The MPIA was designed with a very limited goal in mind – to permit its signatories to continue to properly appeal Panel Reports in cases amongst themselves so long as the crisis continues. It presents a pragmatic and interim solution to a problem they hope will be short-lived. It also still has limited reach given that only 22 of the WTO’s 164 members have so far joined. Other countries are being lobbied to join and perhaps may eventually do so as concerns about its operations get addressed.

More fundamentally, the paralysis at the WTO results from core divisions and disagreement among the Members on a range of issues. The United States has consistently expressed concern about the work of the Appellate Body, which it has accused of judicial overreach – of inserting into WTO Agreements provisions that were never envisaged by the negotiators. The current US position appears to be that the Appellate Body is not essential to the work of the WTO. Meanwhile, developing country Members were sold on the WTO precisely because of the power given to the Appellate Body to review the decisions from the Panel phase where power disparities can more readily play out.

This issue is only one of several that have created a deep divide between developing country and developed country members of the WTO. The Doha Development Round, intended to address the development concerns of developing countries in such areas as agriculture, and intellectual property, has essentially been abandoned. Developed countries claim their obligations were met with negotiation of the Trade Facilitation Agreement of 2013 and that it is time to focus energies on negotiating new agreements on the digital economy and services. Under the weight of these divisions, the consensus approach to decision-making has broken down and the WTO has been able to conclude Plurilateral Agreements that apply only to the subset of WTO Members, primarily developed countries, who can agree on a given way forward on an issue.

The MPIA represents yet another Plurilateral Agreement that highlights the broader challenges within the organization. Consequently, it provides a temporary solution for some Members, but not an answer to the paralysis at the WTO.

U.S. Representative Alexandra Ocasio-Cortez’s eloquent rebuke of the verbal abuse she was subjected to by fellow Representative Ted Yoho prompted reflection by all women on the institutionalized workplace harassment they face, including within academia. Women in academia have been and continue to be routinely subject to stereotyping, harassment, exclusion, subtle verbal and non-verbal insults, rumors, gossip, and pathologizing of their communication. They are also subject to inter-sectoral discrimination based on their ethnicity, race, religion, and nationality in addition to their gender. Common stereotypes include:

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In contrast, male academics are subject to positive stereotypes which lead to promotions, awards, and accolades:

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A disturbing tendency within universities is a policy of silence when facing such practices. Cases are routinely shoved under the carpet, surprisingly often by men & women administrators, personnel managers, and Deans who seek to uphold the reputation of the university at the expense of the woman academic. The harassment may be labled as a minor, the women academic reminded “to move beyond the incident” thereby leaving the culture of abuse unchanged. It is time to break the culture of silence which fails to condemn language which diminishes the woman academic. Universities should have transparent mechanisms to correct discrimination and harassment of staff and students. While globalization has prompted universities to pursue diversity, such policies may fail if there is a lack of institutional committment to confronting discrimination in an open, effective manner.

As I have received requests for strategies to deal with microaggression, there are several resources which recommend lobbying for universities to adopt a microaggression framework or an Inclusiveness toolkit. It is important for women academics to meet across departments to validate and share their experiences as well as cooperate to design better polices.

   网络加速免费的外网加速器, our periodic compilation of calls for papers, includes calls to submit papers to Universidad Externado de Colombia as follows:

The Universidad Externado de Colombia, along with other universities, is presenting the first edition of the Global Jurist Award. The award calls for legal essays under the title of “2030: A New Horizon for International Economic Law?”. The award wishes to recognize an author (or authors) who accurately assess the development of International Economic Law and propose how its undergoing changes throughout the present decade of the twenties should be implemented. The essays presented must be submitted to this email before November 1, 2023. For more information on the call for papers and the Global Jurist Award, please click here.

►  The UN Team of Experts on the Rule of Law and Sexual Violence in Conflict announced open registration for Justice & Accountability for Sexual Violence in Conflict: Progress and Challenges in Efforts to Address Impunity in National Jurisdictions, which will be held on 浏览外网的免费加速器. This webinar is Session One of the Digital Dialogue Series hosted by the UN Team of Experts. In Session One, scholars, practitioners, and policymakers will discuss national accountability efforts in relation to conflict-related sexual violence and set the stage for the webinar series moving forward. To register for the event, please click here.  For more information on the Digital Dialogue Series, click here.

Arbitral Women has announced a 90 minute webinar forum organized by the Equal Representation in Arbitration Pledge to meet six female arbitrators on 14 July 2023 at 5:00 p.m. M.Y.T. (GMT+8). To register write to: events@aiac.world

Arbitral Women has a flyer with more information about additional web events addressing diversity.

Closely related to these developments (as mentioned in 免费外网加速器app) was the 1951 National Register of Citizen (NRC) list which was an effort to have a permanent record of the residents in Assam based on the data of the 1951 Census (the first census conducted in Independent India). Hence, when the Assam agitation started the initial demand of the movement was to expel foreigner as per the 1951 NRC. However, as cited above, after years of deliberation between the protestors and the government 25 March 1971 was decided to be the cut-off date. Over the years there were many demands for expelling the ‘illegal migrants’ from Assam. This led to a tripartite agreement between AASU (The Assam student union which was most active in the movement), the state government and the central to update the 1951 NRC as per the 1985 Assam Accord’s cut-off date in 2005. In December 2015 the NRC updating process received affirmation from the Apex Court of the country in response to a petition.

While the NRC process has 有些国外网络进不了怎么办 我想进国外的网站可是进:2021-6-13 · 有些国外网络进不了怎么办 我想进国外的网站可是进 来自：百科 更新日期：2021-06-13 首先需要给电脑安装百度浏览器，直接在百度中搜索下载，也可伍直接从小编所提供的网盘中获取最新版本的 … in general, people belonging to other marginalised classes have also been affected. Among other things, the acute illiteracy and deprived conditions make it extremely challenging for the marginalised to produce any of the specified documents that would facilitate proving their ‘authentic’ Assamese identity. It was equally difficult for many to appear for the NRC-related hearings as summons were issued for far-off places in quite short notices.

Furthermore, the NRC process has been gender insensitive. The final list revealed that around 2,000 transgenders were excluded from the NRC list. Having been abandoned by their families, many were unable to provide proof that they belong to families which have been living in Assam before 25 March 1971, or because the requisite application for the NRC process contained only ‘male’ and ‘female’ gender categories forcing them to choose either of the two. Many married women have also been excluded from the list because of the failure to establish blood links with their paternal families through relevant documents.

As of 31 August 2023 with the publication of the final NRC in Assam, the future of more than 1.9 million people in Assam have become uncertain. This lack of clarity on their nationality raises concerns of possible statelessness. While the excluded people wait anxiously for a chance to appeal against the decision and find their name in the NRC list, there is no clarity on the appeal process either.

The ruling right-wing BJP (Bhartiya Janata Party) government at the Centre has also introduced the Citizenship Amendment Act, 2023. As per this amendment, migrants who entered India ‘illegally’ on/before 31 December 2014 from Afghanistan, Bangladesh and Pakistan are eligible for citizenship. However, only ‘illegal’ migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi, or Christian community are eligible under this amendment, which has been principally introduced with an intention to exclude people of the Islamic faith.

Further, with the proposal to introduce the NRC process nationwide it can be argued that it has the proclivity to create one of the world’s largest displacement and statelessness in the modern times.  Probable consequences of exclusion from the NRC could be, inter alia, indefinite detention, deportation, denial of legal status, or even political, social and economic rights.

Internationally, the failure of the refugee regime to widen the definition of ‘refugee’ makes the picture even bleaker; it has become increasingly difficult for refugees to prove persecution within the existing definition, adding more challenges to their already daunting lives. Thus, while a distinction between ‘refugees’ and ‘migrants’ is essential to avoid any blurring of legal categories which might have detrimental effect to their specific rights, it is also important to counter the definitional constraint which states use to justify the discriminatory practices of denying refugee status or rendering individuals/groups stateless. Relying solely on political motives to assert that some refugees deserve asylum more than others is parochial. It is essential, therefore, to challenge the existing norms and practices and to advocate for increased state responsibility and a strengthened rights framework.

*The views and opinions expressed in this article are personal and have no institutional affiliation. 

In the present climate of xenophobic impulses and right-wing nationalism, coupled with escalating allegations of terrorism and state security, establishing host state’s obligations to protect refugees is a painstaking challenge. It is generally claimed that non-refoulement (ban on forcing refugees to return to countries where they are likely to face persecution) has achieved the status of customary international law. Nevertheless, states often find justifications to defy its implementation. Refugees are commonly portrayed as a threat to the security of the host country, and this justification is suitably invoked to close their borders or deporting refugees to their country of origin. Further, there is a growing tendency to label them as ‘economic migrants’/‘illegal immigrants’. These restrictive policies have facilitated the erosion of non-refoulement in a functional sense.

There have been consistent efforts by states at implementing non-entrée policies to stop refugees (particularly those who do not possess political and ideological value) from reaching their international border. There are differential policies for different sects of people, which conveniently facilitate states in choosing the kind of others they prefer to welcome. These policies have taken the shape of a civilizing mission where the central idea is to ‘exclude’ the ‘un-civilized’ on the grounds of the state’s interest. It is pursued with the goal of securing electoral gains, demonstrating cultural superiority or establishing brute majoritarianism.

The rampant oppressive practice of the Indian government towards refugees is a textbook instance. India not being a signatory to the Refugee Convention and, in the absence of any defined statutory framework on refugees, has only ad-hoc mechanisms in place for refugees. As per the Foreigners Act, 1946, every foreigner, unless exempted, should be in possession of a valid passport or visa to enter India. Hence, if a refugee contravenes these provisions, she is likely to be indicted just like any other foreigner. Inconsistencies and arbitrariness rule in the absence of any clearly defined statutory standards. Thus, while we witness a generous behaviour being meted out to some categories of refugees, others are alleged to be ‘economic migrants’/‘illegal migrants’ and consequently detained, penalized and deported.

The recently-conducted process in Assam (a state in northeastern India) to update the National Register of Citizens (NRC) is a manifestation of India’s intensifying tyrannical inclinations. Historically, in the nineteenth and twentieth centuries, due to the development of railways, tea, and coal and oil industries, colonial Assam witnessed heavy migration from other provinces of British India. The colonial authorities also encouraged educated Bengalis to take up jobs as teachers and other such professions in Assam. These movements resulted in a change in the demographic profile of Assam.

Further, the Partition of India in 1947 and ensuing communal riots on the subcontinent gave rise to the influx of refugees from East Pakistan (present-day Bangladesh) in Assam chiefly due to its geographical proximity. Similarly, in 1971, during the Bangladesh Liberation War, Assam witnessed heavy migration from Bangladesh. Ever since, Assam has been experiencing a continuous migration flow from Bangladesh for various reasons, including climate change. Serious objections against this migration trend have been mounting in the ‘indigenous’ Assamese community. Allegations of depleting natural resources, increasing violence, marginalization and threat to their ‘Assamese identity’ began to amplify in the late ’70s, which gradually led to the Assam Agitation (1979-1985). The Movement, many claims, was triggered after the death of Hiralal Patwari, sitting Member of Parliament from Lok Sabha (House of the People) representing the Mangaldai (Assam) Constituency, which necessitated holding of by-elections. During the process of the election an abrupt and dramatic increase was witnessed in the number of registered voters and it was alleged that a large number of these voters were illegal settlers from Bangladesh.

To many Assamese it appeared as if the Bengali Hindus and Bengali Muslims together were now in a position to undermine Assamese rule. It was feared that the census would show a sharp decline in the number of Assamese speakers as Bengalis who had previously declared their language Assamese would now officially revert to Bengali. (Weiner 1983)

On the other hand, it was claimed that the movement involved careful planning by a few in order to retain the Assamese Hindu majority in the state assembly election, so that other communities, specially Muslims, could not reduce the Assamese Hindus to minority in the elections.

The movement further witnessed the horrific Nelli Massacre of 1983 which allegedly claimed the lives of almost 3000 Muslims in Assam. Two years after the massacre in 1985, the Assam Accord was signed which fixed 24 March 1971 as the cut-off date (as the Bangladesh Liberation War began on 25 March 1971). The Accord envisaged that all foreign nationals who entered Assam ‘illegally’ on or after 25^th March 1971 were to be detected, their names deleted from the electoral rolls and subsequently deported under the Foreigners Act, 1946. Section 2(1)(b) of the Citizenship Act of 1955 defines an “illegal migrant” as a foreigner who entered India, (a) without a valid passport or prescribed travel documents or, (b) with a valid passport or other prescribed travel documents but remained in India beyond the permitted period of time.