Université de Fribourg

International courts and the jurisprudence of statehood

Besson, Samantha

In: Transnational Legal Theory, 2019, vol. 10, no. 1, p. 30-64

International courts (ICs) have not only been specifying States’ duties, but have also contributed to the definition of States themselves. The article focuses on the case-law of three ICs: the International Court of Justice qua generalist international law court, and its making of the ‘internationalised State’; the European Court of Human Rights qua regional human rights court, and its...

Université de Fribourg

De-judicialization, Outsourced Review and All-too-flexible Bureaucracies in South African Land Restitution

Zenker, Olaf

In: The Cambridge Journal of Anthropology, 2015, vol. 33, no. 1, p. 81-96

This article takes as its starting point a peculiar land claim within the ongoing South African land restitution process – more specifically, the legal and administrative technicalities that allowed for the implosion of the accompanying court case in the Land Claims Court – to open up a space for reflection on the ambiguous nature of state bureaucracies as ambiguity-reducing machines. Tracing...