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Laure-Elise Mayard

Hydropower regulation involves an increasingly complex set of actors, scales and legal regimes. The role that international law plays in regulating hydropower, and other sustainable development issues, is challenged by this pluralism because of international law’s restrictive traditional theoretical framework, which appears to be ill-equipped to fully grasp and represent significant features of pluralistic regulation. A broader conceptualization of international law could create a more pluralist, holistic and integrated approach to regulation, making it more attuned to reality and to sustainable development objectives.

This article adopts a transnational law approach embracing in a more flexible manner different elements which influence regulation and which escape existing legal categories. Hydropower projects in the Lower Mekong River Basin illustrate the mismatch between regulation mainly focused on the State, investment-related actors and regimes of large projects, on the one hand, and the growing pluralism driven by the involvement of non-State actors, specificities of environmental regulation and different levels of inquiry, on the other hand. The analysis explores the ‘blind spots’ of international law in its regulation of hydropower projects and considers the possibilities in which a transnational law approach broadens the vision of existing international law to be more pluralist.

Stellina Jolly and Abhishek Trivedi

The sustainable development goals (sdgs) with their integrated linkage of development and environmental concerns have been hailed as a paradigm shift in the attainment of sustainability. The article attempts to understand the normative framework that underwrites international law and sdg-13 vis-a-vis climate change with a special focus on climate-induced displacement. It explores the existing provisions, limitations, and gaps under international law with regard to displacement associated with climate change. More specifically, the analysis assesses the potential of hybrid law in promoting the goals of sdg-13. The hybrid law approach proposed in this article involves the amalgamation of substantive norms from different branches of international law, integration of norms of differing legal status and engagement of state and non-state actors. The analysis explores the concept of hybrid law, surveys the Nansen Protection Agenda and the Global Compact on Migration and analyses their suitability in exploring solutions to climate displacement. The article evaluates how the adoption of the sdgs provides a foundation for the development of a hybrid law in examining solutions to climate displacement under sdg-13.

C. King Chanetsa

Abstract

An effective securities and capital markets industry has existed in South Africa for over 120 years. The regulatory authorities have been alive to globally competitive pressures for inward investment and have endeavoured to implement a conducive environment therefore in compliance with international standards. As recently as 2015, South Africa was considered the best regulator of securities in the world. The effects of the global financial crisis (GFC) were keenly observed. The fall out from the GFC contained lessons for all markets, but not to the same extent. Commentators may therefore regard aspects of the South African reform agenda as replicative of initiatives in other jurisdictions and, consequently, uncritical in parts. In light of the fall to forty sixth place in the world in securities regulation ranking and some uncertainty in respect of the extent and shape of the reform process, this opus reviews activities in South Africa along the busy securities and capital markets value chain, and considers the continuing and emerging regulatory and supervisory framework.

Daniëlla Dam-de Jong

Target 16.6 of the 2015 Sustainable Development Goals (sdgs) seeks to create ‘effective, accountable and transparent institutions at all levels’ for the purpose of achieving sustainable development. Nevertheless, the inherent vagueness of the notions of transparency and accountability poses difficulties for achieving the target. This is why this article examines how these notions have been conceptualized in international legal discourse and applied in practice. It does so within the context of the trade in natural resources that finance armed conflict, which is considered detrimental to the development opportunities of developing countries. The article examines how two of the most important initiatives in this field, namely the Kimberley Process for the Certification of Rough Diamonds and the oecd Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-affected and High-risk Areas, operationalize transparency and accountability. It posits that both initiatives fall short of establishing full accountability. However, notwithstanding their flaws and limitations, they make a valuable contribution to achieving target 16.6.

Maryna Rabinovych

The 2030 Agenda and pertinent EU law and policy are marked by an emphasis on the interlinkages between the Sustainable Development Goals. With this in mind, this article explores whether the Agenda and the respective EU law and policy offer a conceptually clear and instrumental vision of the interlinkages between economic development (Goal 8) and the rule of law (Goal 16). It is argued that both the Agenda and relevant EU policies view the rule of law both as an independent value and as an instrument of economic development, without distinguishing the components that rule of law is comprised of. The article discusses the Eastern dimension of the European Neighborhood Policy as a case study to contextualize the analysis. Based on its findings regarding the interlinkages between the rule of law and economic development in the 2030 Agenda and relevant EU policy, the article also sets out certain policy recommendations for creating a sustainable development-oriented design of the Eastern dimension of the European Neighbourhood Policy.

Veronika Flegar and Emma Iedema

This article sheds light on the explicit identification and labelling of forced migrant women and girls as vulnerable and the effect this seems to have on their human rights protection under the Convention on the Elimination of Discrimination Against Women (cedaw). The article focuses on the principal international body directly concerned with the human rights of women and girls, the Committee on the Elimination of Discrimination Against Women (cedaw) and combines legal doctrinal analysis with a critical reflection in light of the normative-theoretical notion of universal vulnerability. The notion of universal vulnerability has been suggested to close protection gaps and contribute to a more inclusive human rights framework; yet, the vulnerability label has been criticized as potentially stigmatizing and paternalizing. The article therefore critically assesses whether and to what extent explicit vulnerability references by the cedaw Committee contribute to the protection and/or stigmatization of forced migrant women and girls. The analysis reveals that the vulnerability label adopted by the cedaw Committee is not (yet) entirely in line with the universal vulne-rability notion’s potential for the protection of human rights. Yet, the article suggests that vulnerability references can nevertheless contribute to human rights protection since they help to identify protection priorities and clarify state obligations towards those identified as vulnerable. This positive effect for the protection of human rights is likely to be highest the more attention is being paid to the avoidance of stigmatization.

Majid Daneshgar

This essay will explore how the intellects of both scholars and their audiences are censored. In addition to various Western thinkers, particular attention will be paid to Ali Shari'ati, one of the most influential thinkers of modern Iran, and how he represented an important Islamic tradition. Not only did his ideas inspire revolutionary acts by generations of Iranians, but Turkish, Arab, Malay, Indonesian, and Indian philosophers, sociologists, theologians, and politicians have all employed his definitions of concepts such as justice, injustice, revolution, corruption, and bliss. This article sheds light both on how intellectuals influence their audience, and their long-term impact on broader communities. In order to do so, it will analyze the material and political conditions that censor both what scholars are able to say, and what their audiences are allowed to hear.

Reem Doukmak

Reem Doukmak was born in Syria and studied English literature at al-Baath University. In 2007 she completed her Master’s degree at the University of Warwick. With the help of cara she continued her studies at Warwick where she is now starting her academic career. Her work investigates how the right pedagogic interventions can help children in refugee camps. The use of drama plays a key role in her research and feeds into broader questions surrounding self-representation and agency. These are among the vital issues The Journal of Interrupted Studies has also sought to explore. We were lucky to engage Reem on her research and its implications for addressing the problematic discourses that surround refugees and yet neglect to include their voice.

Nasser Karami

Due to its widespread political and social consequences, the relationship between drought and climate change in the Middle East has been widely reported on by the media. Climate change is mainly understood within the paradigm: “prolonged drought is created and intensified by global warming.” The purpose of the study is to review this paradigm and examine aspects of it. Thus, climate trends in the Middle East are studied across three periods: 1900–1970, 1970–2000, and 2000–2017. Due to the importance of studying sequences of drought occurrence based on timescales of climatic patterns, the climatic trends of the Khuzestan Plain, were examined too. The results show that to have a clear understanding of both the modality of climate change in the Middle East and the current dominant paradigm, predominant assumptions of the paradigm should be reconsidered. For example, prolonged droughts are part of the natural pattern of climate in the Middle East, although the current drought has not been recorded for at least 100 years. This claim is based on the fact that prolonged droughts in this region can have natural causes, which can be studied as long-term climate trends, although the impact of global warming on the escalation of the Middle Eastern drought is undeniable. However, the exacerbating effect of non-anthropogenic factors on the impact of drought in the region should be studied, too. Additionally, as an epistemological assumption, the term “drying up” (as a new normal and permanent climatic pattern) should be used instead of “drought” (as a normal and reversible pattern) to determine the current climate change situation in the Middle East. The author concludes that the findings emphasize the need for further research in order to identify the modality of climate change in the Middle East.

Abdul Awal Khan

It is estimated that between 2008 and 2014, 4.7 million people were displaced due to natural disasters in Bangladesh and that by 2050, one in every seven people in Bangladesh will be displaced by climate change. The subject matter of this paper is based on a theoretical analysis of various existing social and legal barriers relating to climate displacement in Bangladesh. This article critically analyses the social and legal barriers to helping Climate Change Displaced People (cdp) by drawing on existing legal literature such as the Bangladeshi constitution and qualitative data from Bangladesh’s experience with cdp. Ultimately, this article corroborates the lack of a coherent human rights framework for cdp in Bangladesh and suggests international cooperation as a first step towards a functioning regime.