Melbourne Law School - Research Publications
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ItemThinking with Jurisdiction Shaun McVeigh and Sundhya Pahuja in Conversation(http://www.nomos-elibrary.de/agb, 2022-01-01)This text is based on a transcription of the keynote address given at the conference 'Who Speaks International Law', held in Bonn, Germany on 4 September 2021. We (Shaun and Sundhya) participated virtually, from Melbourne, Australia. Originally, we had suggested a conversational format for our joint keynote. The organisers then requested that we also make our keynote a bit more interactive than usual. And so, we conducted a kind of experiment in which we - Shaun and Sundhya - spoke together in a stylised conversation for 20 minutes. We then paused for about 10 minutes to hear questions and comments from the audience. We gathered those questions rather than answering them, noting them down on an electronic whiteboard everyone could see, and then spoke extemporaneously for another 20 minutes in response to the questions, comments, and the themes they raised. At the end, we took another round of questions in the traditional style. What follows is an edited version of the first twenty minutes. We have presented it here as a stylised dialogue, largely maintaining the spoken tone and conversational style (and some repetition). We have added references, and in some parts, a little elaboration for clarity, drawing on the conversation that followed.
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ItemHow To Run a Writing Workshop? On the Cultivation of Scholarly Ethics in ‘Global’ Legal Education’(Taylor & Francis (Routledge), 2018)This article does two main things. First, it records and shares a methodology for running a writing workshop in the context of transnational doctoral and post-doctoral legal education. Second, it offers a critical reflection on this methodology, and in doing so draws out some more general lessons for thinking about our roles as scholars and teachers in the contemporary university. Our thesis is that the unusually formal, even stylised, structure of the writing workshops we describe not only offers participants an opportunity for detailed feedback on their work, but also helps to foster a certain ethics of scholarly conduct. This ethics emphasises the intimacy of scholarly relations on the one hand, and the importance of listening on the other. Such an ethics may be antithetical to some of the more insidious imperatives of the contemporary university.
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ItemThe Southern Jurist as a Teacher of Laws: An Interview with Upendra Baxi(Springer Science and Business Media LLC, 2018)This interview was conducted with Upendra Baxi in early October, 2015 as part of the authors' Eminent Jurists Video Archive Project. The interview covers Baxi's formative early years in Rajkot, his education and taking up of a life of a legal scholar, including his basic legal training at the Government Law College in Bombay, graduate education at Berkeley (California), and his early career as a lecturer at the University of Sydney. In a wide ranging discussion, with his usual mixture of intellectual dexterity, endless generosity and good humour, Baxi illuminatingly discusses his understanding of the significant notions of normative expectations, eurocentrism, self-determination, along with the ongoing significance and legacies of B.R. Ambedkar and M.K. Gandhi, the experience of proposing (and eventually teaching) a course on aboriginal peoples' rights in a setter-colony, and the duties and responsibilities that come with inhabiting the roles of being teachers and students of law, amongst other things.
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ItemThe State and International Law: A Reading from the Global South(University of Pennsylvania Press, 2020)In this essay, we redescribe the relationship between international law and the state, reversing the imagined directionality of the flow that sequences nation-states coming first and international law second. At its most provocative, our argument is that, rather than international law being a creation of the state, making and remaking the state is a project of international law. We pay particular attention here to the institutionalized project of development in order to illuminate the ways in which international law creates and maintains nation-states, and then recirculates from a multiplicity of points “within” them.
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ItemNo Preview AvailableCollaboration, Cosmopolitanism and Complicity(Brill, 2002)Abstract In this article, the authors use their experience of a collaboration as a vehicle for thinking critically about the uneasy relationship between the practices and products of internationally oriented legal scholars situated in the North. They use tools drawn from feminist theory to tease out in particular, some of the perils in the turn to cosmopolitanism as a response to globalization, and explore the way in which this mirrors a cosmopolitan urge both embedded in international legal discourse and at play in the self-constitution of the international lawyer (including themselves). They then draw on feminist and other critical theories to ask whether a conceptual reconfiguration of a `critical cosmopolitanism' can offer a useful alternative to the old view. They remain wary about whether any reconfigurations with a `global' scale can overcome the problems which inhere in purportedly transformative western scholarship generally, and so conclude somewhat circumspectly, emphasizing the need to frame their approach reflexively and to focus on changes they could make to their everyday practices of teaching and research to reduce the risk of complicity with the unacknowledged parochialism of cosmopolitanism.
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ItemNo Preview AvailableThe postcoloniality of international law(HARVARD LAW SCHOOL, 2005-06-01)