Even after seven decades since it came into force, examinations of the Indian Constitution remain partial and incomplete. It is not widely known that the original ratified copy of the Constitution also makes a visual argument through the opening pages of every part. These elaborately crafted artworks, which are entirely negated in Indian scholarship, are structured in the form of a teleological and linear narrative, encompassing a claim of an unbroken link to an immemorial civilisation. Based on archival research and a hermeneutic that combines imaginal analysis, literary theory, historical scholarship and constitutional jurisprudence, this article will demonstrate that these constitutive images are the aesthetic foundation that imaginally binds the constitutional subject and the collective citizenry, and this article will show how its negation is closely tied to a foundational ambivalence that endures in constitutional law.

This introductory article challenges foundational assumptions that structure how international legal theory conceptualizes “the Global.” The prevailing approach remains anchored in a Eurocentric legacy that conflates the earth with a geometrically spherical, chronometrically linear, and cartographically fixed model of space and time. This triad has rendered “the Global” an ostensibly objective terrain—embodied by an iconic World Map of states that is presumably atheoretical and transhistorical. I argue this is a form of “misplaced concreteness,” which constrains international legal thought as it confronts increasingly fluid and non-contiguous patterns of global ordering that have become difficult to visualize via the reigning cartographic imaginary. Further, it ignores how “the Global” was constructed by multiple and intersecting types of power, which together manifested demarcations, borders, territories and states as proclaimed mimetic reflections of planetary reality. As contemporary challenges—ranging from e.g. climate change to cyber governance—create trans-territorial or planetary scales of consequence, time is ripe to unfold international legal theory beyond the legacy of a priori conceptualization. Accordingly, the special issue encourages bottom-up, practice-oriented approaches, inviting international lawyers to explore how global spatiality and temporality are actively (re)produced across diverse legal contexts—from mobility regimes and global value chains to counterterrorism forums and planetary systems. Rather than treating “the Global” as a fixed totality or singular map, this special issue reframes it as a historically engineered concept, shaped by ongoing practices of geo-political, geo-economic and legal world-making.

In this article, I reconceptualise the League of Nations as an Imperial Assemblage that embeds and is embedded by coloniality. Relying on the return to the League’s historisisation by Third World Approaches to International Law, I argue that we can understand the League as a governance body that works across scales of international, transnational and local actors, processes and structures to reiterate coloniality within the mandated territories. I utilise Deleuzian notions of assemblage alongside the concept of ‘coloniality’ within the literature of decolonial theory within International Relations and Sociology to show how the work of the League’s various actors, processes and structures across different scales made, actualised and evolved the laws on Forced Labour and Slavery from 1925 to 1932 in the inter-war era with a particular focus on Mandate Territories B and C.

The question of how to pursue politically relevant and engaged scholarship has been an ongoing theme within socio-legal scholarship. In the United States of America, Presidential Addresses of the Law and Society Association have consistently urged greater political engagement (Lempert 2001; Seron 2016; Scheppele 2023). In the United Kingdom, journals such as Social & Legal Studies have placed critical and engaged scholarship at the core of their mission (Editorial 1992; Editorial 1998). In the Majority World1 – where the socio-legal field is less institutionalised – scholars have often been more directly involved in political action, re-imagining colonial law and using it as a tool for social change (Shivji 2018; Sieder, Ansolabehere and Alfonso Sierra 2019). These scholars have not only inspired calls for activist scholarship in the Minority World (Munger 2001) but have also unsettled the very dichotomy between scholarship and activism (D’Souza 2009).

The crisis that now grips the ‘living earth’ establishes an intersection of climate and finance which entails questions of time: what does temporality mean in the context of both climate emergency and the processes of financialisation? In this paper, I intervene in these debates by reflecting on the reconstruction of time as a concrete legal object in the space of international investor-state arbitration. Over the past decade, international arbitration settlements, often using the accounting technique of discounted cash flow (DCF) analysis, have increasingly relied on a conception of investor-oriented time that offers an expansive future, a time of long-term unbroken integrity. I trace the complex but often uneven shifts in arbitration practices through which the future is reconfigured not as a proximate and conditional object but as a category, encoded in DCF, which is endlessly expansive. The time of the unbroken asset, I argue, is in urgent disjuncture with the time of transition.

This paper renews the contemporary and enduring salience of archaic and discredited concepts of spatiality and physical geographic determinism, but historicises, repurposes and reworks them: it is an essay in critical and decolonial palaeo-territorialisation. Concreteness may well have been misplaced, but place – and space – might not have been altogether mis-concretised. Rethinking the global is an opportunity to step back and think about macro-scales and macro-scalarity more broadly. This paper exhumes and decolonially/critically reappropriates Carl Schmitt’s Großraum concept (re-examining, along the way, if not quite rehabilitating the Meer und Land thesis and Mackinder’s ‘geographical pivot’ (Mackinder 1904)) as a heuristic device to explore the overlooked scales of continents and continentality in the genealogy of a global geographic imaginary that is as much geotectonic as geo-historical. ‘The Global’ would then come to signify pre-eminently – or perhaps has always signified – as the intercontinental rather than the international: a space or set of spaces in some ultimate sense conditioned by the configuration of the planetary crust yet nonetheless produced through historical processes. We may never have been global, but we have been (inter)continental for the last half-millennium. State sovereignty, (racial) capitalism, colonialism, imperialism, public international law, fascism, communism and neoliberal globalisation have all been projects or formations – directly or indirectly, by design or accident – producing, pursuing, exploiting, organising and ordering continental Großräume. Contemporary regional trade blocs, regional international governmental organisations, regional human rights systems, military alliances and even putative civilisational divides all reflect the perdurable continental horizons of our ostensibly global imaginary.

Socio-legal scholarship has long been driven by a commitment to social change. Yet scholars continue to debate how best to pursue politically engaged empirical research – especially in relation to the elite audiences that influence the production of socio-legal knowledge. Increasingly, researchers are turning to participatory action research (PAR) as a strategy of scholar-activism. PAR centres the knowledge and agency of marginalised communities by involving them as collaborators in the research process, with the aim of producing knowledge that supports their struggles for justice. As socio-legal scholars experiment with PAR, they may encounter tensions both with their research participants and within the broader scholarly community, particularly over the role of ‘law’ in their work. Drawing on my experience using participatory methods to study data governance in Kenya, I explore the challenges and possibilities of integrating PAR into socio-legal inquiry. I suggest that when socio-legal scholars adopt PAR, they are likely to fall short of PAR’s radical participatory ideals and the conventional framing of socio-legal research. Yet, as I argue, this friction is generative. Adopting PAR can transform socio-legal inquiry to be more responsive to contemporary political struggles.

In response to the short-term political cycles that govern law-making, there is growing international attention to the obligations owed to future generations. Within the diverse approaches there is often a single, temporally defined inequality; that is, between now and a depleted future. While inequality is imagined between generations, these generations are often constructed as homogenous. This elides not just contemporary inequalities, but that these injustices are caused by historically rooted inequalities that current planetary threats are likely to deepen. In response, we centre health inequalities which illustrate the complex temporalities and structural causes of inequalities. We argue for a focus on eco-social and embodied generations to better understand – and respond to – inequalities past, present and future. We apply this focus to the Capabilities Approach as an example of the work needed to better articulate what is owed to present and future generations to secure justice and inform future-oriented law-making.

Money pushes sports to extremes. As the rewards for success grow, so does the pressure, with sportspeople pushing themselves ever harder. In equestrian sports, this can mean pushing the horse as well, too often to the point of abuse. This article discusses the beautiful side of equestrianism as well as its darker side, which is a bitter reality for many competition horses. It sets out a comparison of legal standards for equine animal welfare (at the level of international law, EU law and national laws) as well as those coming from sports laws. It also examines dependencies between animal protection rules under EU law and animal protection rules under the laws of individual EU Member States concerning equestrian sports. It aims to answer the questions of whether equestrian sports constitute a general exemption to their being considered animal abuse and on what grounds this exemption might be changed in the future.

Financial redress for victims of occupational diseases can be offered through no-fault compensation schemes. No-fault compensation schemes have an explicit mission in promoting perceived fairness and justice. The objective is to offer a quick, fair and just procedure and outcome, while preventing civil court procedures and restoring trust. However, the question is whether applicants of these no-fault schemes indeed experience perceived fairness and justice. This paper discusses the result of an in-depth interview study with fifty-eight victims involved in no-fault schemes for occupational diseases in the Netherlands. We focus on the role of perceived procedural justice, outcome concerns and trust in the (former) employer.

From global tourism and free movement to refugees and climate-related displacement, human mobility is both a driver and an effect of what we think of as globalisation. Yet, the role of international law in constituting human mobility remains critically undervalued. In this contribution, we call for a radical rethinking of the role of international law in shaping our globe through the tenets of the mobilities paradigm in the social sciences. More specifically, we argue for the adoption of a mobile ontology of international law, which pits the constant flow of persons, goods and capital against dominant globalisation narratives predicting the end of place to take a focus on re-territorialisations of power. Taking human mobility as our starting point, we first show how mobility has been central to the foundation of key building blocks of international law. Second, we turn to the example of the global tourism regime to explore how law recursively disperses mobility around the world. Third and finally, we argue that the relationship between international law and human mobility is co-constitutive, as constant shifts in mobilities create unexpected effects, which in turn prompt further evolutions in law. We conclude by reflecting on the space for empirical and critical investigation that may open up by re-imaging (international) law as quintessentially mobile.

This paper examines the intersection of socio-legal research and activism through my ethnographic work with the Tulipas do Cerrado collective, a group of sex workers in Brazil. It explores the dynamics of knowledge production and the transformative potential of collaborative research that prioritises the reflections and experiences of marginalised communities while recognising the importance of legal expertise. Drawing on the concepts of ‘whoring the knowledge’ and ‘whoring the law’, the article highlights how sex workers reclaim their narratives and creatively navigate legal frameworks, demanding that researchers enhance both academic and activist relevance of their endeavours. First, I discuss relevant literature on ethnography within sex workers’ activism, introducing recent key studies on Brazilian sex work as examples of having the knowledge whored. Then, I detail the ethnographic approach employed in my research, which was inspired by the preceding three studies. Ultimately, the work analyses how reciprocal engagement between sex work activists and scholars is a consequence of a demand that researchers adopt a bolder and more creative way of thinking and living. Furthermore, from a socio-legal perspective, these exchanges present an opportunity to rethink the role of law within these communities and to foster concrete social transformation. I propose the concept of ‘whoring’ the law, suggesting that both activists and socio-legal scholars can identify and build new pathways for dealing with the law.

Contemporary practices of authority by states and non-state actors alike are at odds with international law’s orthodox time-spaces, causing disciplinary anxiety. As a result, although there is a sense of the importance of global value chains (GVCs), these are invisible to the disciplinary gaze. This is not limited to international law; neo-formalist contract law and private international law suffer the same fate. There is for some a turn to ‘the global’ to understand alterity. In this paper, I argue that understanding the time-spaces created by the practice of contracting can offer important reflection on, among other things, what ‘the global’ is. The paper explores the practice of exercising authority through contractual relations at the level of the individual contract, the chain as a whole, and the use of standardised contractual clauses and model contracts. The article suggests these contractual relations are constitutive not only of spatiality but of territoriality. As such, it is possible to reterritorialise global phenomena, and ‘the global’, that have until now been understood to have deterritorialised from state or international legal orders.

Law is both shaped by and a vehicle for hierarchically structured dichotomies that fragment life, thought and action – most enduringly the split between scholarship and activism. This article revisits investigación militante, a Latin American and Caribbean tradition that rejects the separation between theory and practice, and between academic inquiry and political struggle. Through the work of Orlando Fals Borda, Lélia Gonzalez and Silvia Rivera Cusicanqui, we explore how investigación militante offers a distinctive onto-epistemological and ethical orientation for law and society research. Concepts such as senti-pensar, amefricanidade and ch’ixi open up approaches to law as a terrain for co-producing alternative normativities. We identify three core commitments – methodological, political and ethical – that distinguish investigación militante from adjacent approaches such as movement lawyering, offering critical resources for re-imagining law and society praxis amid intersecting planetary crises.

This article investigates changes in the right to social assistance – a means-tested cash support programme, regulated by the Social Services Act – for irregularised migrants over a period of four decades, 1982–2022. The article makes the case that austerity policies have hollowed out the right to support, with significant repercussions for those with irregularised residency status. In doing so, it draws on a range of empirical data to shed light on the dynamics of legal change over time and across various settings, identifying both continuities and critical turning points. The latter include shifts in national or local migration policies, and novel intersections between migration law and social law, epitomised by court judgments that have redrawn the lines of inclusion and exclusion in the sphere of rights holders. The article also highlights continuous issues concerning inconsistencies in the legal sources made used of by courts, neglect of children’s interests and needs, and an application of requirements for participation in work-related activities that disadvantage migrants and citizens alike. Ultimately, the article offers insights into how social rights can be preserved in the context of increasingly restrictive migration and social policies.

The social and political contexts in many countries are affected by dangerous trends and forces of populism. Populist hostility is most observable in connection with issues of immigration, where it functions as a pretext for scrapping legal protections in increasingly hostile immigration laws. What is particularly insidious about these developments is the claim, articulated by some theorists, that the popular resentment and backlash against immigrants and refugees are justified. That populists are hostile towards immigrants and human rights laws, the claim seems to go, is the fault of the legal norms and institutions that allow in the immigrants and protect them. This article challenges those approaches and argues that legal constraints on popular biases towards immigrants are necessary and need to be defended against popular moralism. It is also argued that although community values are important, they should not be considered as trumps against the rights of immigrants and refugees.

Internationally, the home is legally protected as a bastion of private life, where one may retreat to and recollect oneself after a day’s work and enjoy family life. With the outbreak of the Covid-19 pandemic, working from home – facilitated by new collaborative information and communications technology (ICT) platforms and tools – became mandatory in several countries. For many, the workplace was brought into the home. This article examines how working from home on a mandatory basis during the pandemic affected employees’ perceptions and practices of privacy, and its implications for the legal understanding of privacy. With Norway as a case, it investigates the measures taken by employees and employers to safeguard privacy during this period. The data collection and method combine an interpretation of legal sources with qualitative interviews. The analysis shows experiences and practices that suggest a blurring of roles and physical spaces, and the adoption of boundary-setting measures to safeguard privacy.

This paper offers a socio-legal historical analysis of the process of formulation and evolution of Chinese marine insurance law by transplanting foreign laws, with a view to grasping from the material of legal history and social reality the deeper significance of the imported law’s relation to tradition, ideology and environmental context. The key argument is that this perspective reveals how transplanted law emerges as an authorless product shaped by social forces and processes. It is created by the operation of institutional arrangements of law-making, which provide the platform for the interplay of diverse traditions and interests generated by the social environment of the importing jurisdiction. This research integrates several lines of discussion of legal transplantation that lack connection, highlights the impact of the transplanting process and contributes to current theoretical debates by proposing potential interdisciplinary research for future studies of legal transplantation.

This article rethinks ‘the global’ by analysing the emergence and growth of the Global Counterterrorism Forum (GCTF), an informal platform of multilateral counterterrorism co-operation which has been instrumental in the making of post-9/11 global security law and governance. It problematises and empirically analyses how global scale is enacted through the socio-material practices of translation and assemblage that have been deployed in the construction, maintenance and extension of the GCTF governance network. Drawing from interviews with policy experts and GCTF members, and from participant-observation in GCTF and UN events, the article contributes to the theme of the Special Issue and wider legal debates about the spatiotemporal dynamics of global law and governance by critically analysing how global scale is fabricated in practice and unpacking the politics of GCTF’s global scale-making processes. Focusing on specific techniques and norm-creation processes of the GCTF, like watch-listing toolkits and ‘good-practice’ documents on foreign terrorist fighters (FTFs) and countering violent extremism (CVE), the article analyses how translation, problematisation and enrolment practices have assembled the GCTF as an ‘apolitical’ global security governance body. Our approach opens novel possibilities for socio-legal research on the politics of scale-making and critiquing global security power in action through empirical attention to its assemblage practices.

This article examines the Puerto Rican legal mobilisations for the right to access public information through the lenses of activist-scholarship. Based on ethnographic research with Puerto Rican scholars, lawyers and civil society organisations, the article explores how they have used the legal system to demand greater transparency and accountability from the Puerto Rican government and the Federal Oversight and Management Board (FOMB). First, it engages with the efforts of Proyecto de Acceso a la Información, a law clinic and civil society organisation initiative aimed at securing access to public information, transparency and accountability in government. Second, it reflects on Sembrando Sentido’s efforts, an anti-corruption and transparency civil society organisation, to draft and enact a series of anti-corruption laws. These case studies illustrate how activist-scholarship shapes Puerto Rican society by using legal tools to challenge colonial legality and resist the imposition of neoliberal policies that exacerbate inequality and corruption.