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This book interrogates justifications, techniques and legal forms that arose in the past and continue to resonate in the international regime to protect foreign investment. What is striking is how past practices resemble suppositions relied upon at present by investment law’s norm entrepreneurs. This matrix of practices is characterized as ‘alibis’ in so far as they provide cover for a set of international investment law rules and institutions that are increasingly difficult to defend. The method employed conjoins discursive practices with understandings about power, expressed in legal-institutional and processual forms. It is analogous to what Foucault describes as ‘archaeology’ which, when partnered with ‘genealogy,’ produces something akin to dispositif: an ensemble of discourse, institutions, legislation and ‘authoritative phenomena’, incorporating ‘the said as much as the unsaid’. By uncovering investment law’s normative ends, and connecting them to this indefensible past, the book reveals how investment law aims to dampen the political aspirations of states and citizens of the Global South. The object of the book is to imagine new ways forward that are less ruinous to those left outside of investment law’s solicitude.
This article explores Bertolt Brecht’s significance for the most advanced forms of contemporary experimental and avant-garde theater.Brecht is one of the most popular and most-produced playwrights world-wide, and certainly in Germany; however many mainstream productions tend to deprive his work of its radical political and aesthetic edge.Nevertheless, contemporary avant-garde and experimental theaterwould be fundamentally unthinkable without Brecht, and it is particularly indebted to the most radical phase of Brecht’s career, when he and his team were working on learning plays (Lehrstücke) in the late 1920s and early 1930s during the final years of the Weimar Republic. Brecht’s conception of a separation of the elements, of putting mechanisms of power clearly on display, and of creating collective agency that, via script-based theater, tendentially removed power from the hands of writers and directors, are fundamental building blocks of contemporary experimental theater. The article explores such forms and their impact on the basis of experimental work by Robert Wilson, Wanda Golonka, and She She Pop.
In his Afterword to The Singapore Grip, J. G. Farrell thanks Giorgio and Ginevra Agamben for suggesting the phrase that became the title of his novel. What can we make of this surprising and unexpected connection between an Anglo-Irish author’s novel about colonial Singapore on the eve of its fall to the Japanese army during World War II and Agamben’s writings on biopolitics? Despite the serendipitous nature of the encounter between the two writers and the lack of any causal relation between their works, my paper argues that there is an unacknowledged affinity that allows us to open them up to what Agamben calls their Entwicklungsfähigkeit, “the locus and the moment wherein they are susceptible to development,” thereby bringing out the biopolitical elements in Farrell’s novel and turning Agamben’s insights into dispositifs or biopolitical apparatuses in the direction of the analysis of colonial rule.
Although initially perceived as illegal and illegitimate, targeted killing has gained legal approval and greater acceptance as a tactic in the US fight against terrorism. Rather than being accomplished extra-legally or gradually normalized as an exception to the rule, as critics proclaim, targeted killing becomes inscribed into a law that was, and is, prepared to accept it as a practice. Conceiving of law as a practice renders the mutually constitutive relationship between targeted killing and the law visible. As a practice, law is indissoluble from the forms of knowledge both that enact it and that its enactment invokes. Targeted killing could assert itself as a security dispositif that displaces and relocates political notions underlying and defining international law.
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