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Lucas Lixinski

The University of New South Wales, Faculty of Law, Faculty Member

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I am a Professor at UNSW Law & Justice (Sydney, Australia). I am originally from Brazil, and teach, research, and publish mainly in the areas of international law, human rights, and cultural heritage. I also engage with projects in transitional justice, private international law, and comparative law, often intersecting with one of my primary fields.
Most of my stuff is in here. If you cannot find it here, check out SSRN: https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=2548995
Address: http://www.law.unsw.edu.au/profile/lucas-lixinski

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Papers by Lucas Lixinski

Contingent Economic Legal Ordering: Permanent Sovereignty over Natural Resources and International Commodity Agreements

Social Science Research Network, 2021

Raw Materials, Race, and Legal Regimes: The Development of the Principle of Permanent Sovereignty over Natural Resources in the Americas

Social Science Research Network, 2013

Social Science Research Network, 2022

PROTECÇÃO INTERNACIONAL DE BENS CULTURAIS

Protecção Internacional de Bens Culturais, In: Dário Moura Vicente et al. (eds.), ENCICLOPÉDIA LUSO-BRASILEIRA DE DIREITO INTERNACIONAL 953-955 (Publicações Dom Quixote 2023)., 2023

A protecção internacional de bens culturais no DI evoluiu historicamente sobretudo através do dir... more

Food as Culture: Framing, Legal Harmonization, and Transnational Law as a Regulatory Gateway

Food as Culture: Framing, Legal Harmonization, and Transnational Law as a Regulatory Gateway, In: Jorge Sánchez Cordero (ed.), CULTURE AND LAW: AN INESCAPABLE ENCOUNTER 89-118 (Intersentia 2023)., 2023

Cultural Heritage and Interculturality: A Call to Action

Cultural Heritage and Interculturality: A Call to Action, 29(12) INTERNATIONAL JOURNAL OF HERITAGE STUDIES 1361-1373 (2023)., 2023

Scholarship on the Teaching of International Law -An Overview of the State of the Art

Scholarship on the Teaching of International Law: An Overview of the State of the Art, In: Peter Hilpold and Giuseppe Nesi (eds.), TEACHING INTERNATIONAL LAW 435-475 (Brill 2024)., 2024

This chapter surveys the scholarly literature on the teaching of international law in a number of... more This chapter surveys the scholarly literature on the teaching of international law in a number of key European languages (English, French, Italian, Spanish, and Portuguese). It points to three major trends in this scholarship. The first is the focus on self-reflexive writing, when the international law scholar reflects on their own practice as a teacher. This literature showcases a turn to granular analyses of international legal teaching practices, and a focus on the localization of these practices to serve local interests, which simultaneously grounds this literature and contributes to important theoretical interventions elsewhere in the discipline, which query the universality of international law. The second major trend, historically prevalent but now in decline, is major assessments of international legal curricula, and attempts at creating uniform practice in the field for the entire world. The third trend observed in the scholarship relates to the place of the international lawyer in the broader university community, particularly within the legal curriculum. This body of scholarship aids in the grounding of international law in the immediate reality of the place where it is taught, since it displays an attempt by the international law teacher to see themselves validated in relation to other legal fields. I argue that, considering these trends, what is needed is more critical reflection on how international law is taught, for what purposes, and based on what premises about the place of international law in the broader legal discipline. This field of scholarship seems to have moved past the point where simply calling for deeper engagement with pedagogical theory is sufficient, without doing the work. The diagnostic is wellestablished, what is now needed is addressing the diagnosed problems.

Prefácio: O Poder do Patrimônio

Prefácio: O Poder do Patrimônio, In: Gilmara Benevides and Walter Lowande (eds.), ESTUDOS CRÍTICOS DE PATRIMÔNIO: ABORDAGENS TRANSNACIONAIS 13-21 (Tirant Lo Blanch, 2024)., 2024

É sempre um grande prazer intelectual poder sentar com uma ótima coleção de textos e considerar o... more É sempre um grande prazer intelectual poder sentar com uma ótima coleção de textos e considerar o seu importe para o campo, e os seus temas. É um prazer ainda maior quando essa coleção é ao mesmo tempo confortável e desafiadora. Ela nos apresenta ideias familiares de forma nova, ideias novas em discursos familiares, e faz-nos crescer. A presente coleção tem todas essas características. Nesse prefácio, eu pretendo discutir o que vejo como os temas principais da coleção, com vistas a introduzir algumas formas de pensar e conectar os temas dos vários autores.

Destruction of Cultural Heritage in Peacetime and International Law

Destruction of Cultural Heritage in Peacetime and International Law, In: José Antonio González Zarandona, Emma Cunliffe, and Melathi Saldin (eds.), THE ROUTLEDGE HANDBOOK OF HERITAGE DESTRUCTION 65-75 (Routledge 2023)., 2023

This chapter explores the international legal framework against the destruction of heritage in pe... more This chapter explores the international legal framework against the destruction of heritage in peacetime. It focuses particularly on two international standard-setting instruments: the 1972 World Heritage Convention (WHC), and the 2003 UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage (2003 Declaration). The WHC sets out basic legal obligations protecting heritage sites and monuments, and forbids states from taking action that would harm heritage in another state's territory. It left a glaring gap, however: whether states could willingly destroy heritage located in their own territory. The assumption that states would not want to destroy cultural heritage in their own territories was upended by the destruction of the Bamiyan Buddhas by the Taliban regime in Afghanistan in 2001, which triggered the adoption of the 2003 Declaration. This chapter examines the two instruments, and queries the assumption in international law that the destruction of heritage is always "wrong", and its impacts on communities living in, with, and around heritage. I argue that, while the legal presumption against destruction may be important to protect (vulnerable) communities' interests over their own heritage, it can also trap those same communities in a conservation paradigm that is antithetical to the idea of heritage as living culture.

Joacine Katar Moreira and Lucas Lixinski, "Inventorying is Reckoning": An Interview with Joacine Katar Moreira

Inventorying is Reckoning: Joacine Katar Moreira talks to Lucas Lixinski, 2/2023 (9) SANTANDER ART AND CULTURE LAW REVIEW 29-36 (2023) (with Joacine Katar Moreira)., 2023

describes herself as an accidental politician. She is a dual national of Guinea-Bissau and Portug... more describes herself as an accidental politician. She is a dual national of Guinea-Bissau and Portugal. In 2019, she was the first racialized woman to head a party list in a Portuguese legislative election, and she was elected to the Portuguese Parliament. Drawing from her background in history, heritage management, development studies, and african studies, she was the first Member of Parliament to openly talk about the restitution of cultural objects from Portugal to territories it once colonized in Africa

International Law Association Committee on Participation in Global Cultural Heritage Governance - Executive Summary of Final Report (2022) (German)

SSRN Electronic Journal

‘Cultural Heritage as the New Standard of Civilization? Engagement with UNESCO from Rejection to Aggressive Embrace and the Perpetuation of Empire

SSRN Electronic Journal

Taming the Fragmentation Monster through Human Rights? International Constitutionalism, 'Pluralism Lite' and the Common Territory of the Two European Legal Orders

SSRN Electronic Journal

The ‘Collective Guarantee’ of International Human Rights: Creating, Reinforcing, and Undoing Legitimacies and Mandates Between Law and Politics

SSRN Electronic Journal

Rights (IACtHR), 'Denunciation of the American Convention on Human Rights and the Charter of the ... more

Lucas Lixinski, ‘Introduction’, Chapter 1 in Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge University Press 2021)

SSRN Electronic Journal

The introduction outlines the key objectives of the book. It argues that there are different stra... more The introduction outlines the key objectives of the book. It argues that there are different strands in the transitional justice literature that largely miss each other. On the one hand, there is a rich body of literature on memorialization processes and the role of memory and heritage in transition. This body of knowledge does not engage with the law, due to a perception that the law’s main focus is on accountability and prosecutions. On the other hand, the bulk of legal literature on transitional justice indeed tends to focus on accountability, neglecting its role in promoting reparations and guarantees of non-repetition, which are central to the success of transitional justice efforts. The chapter shows that, as a result of these two bodies not engaging one another, the law around culture, and cultural heritage in particular, is left at the mercy of other political forces in the transitional process, forces which tend to align with the pre-transition status quo, and therefore cultural heritage law unwittingly becomes a point of resistance to transitional efforts.

Lucas Lixinski, ‘Identity, Memory, and Transitional Justice’, Chapter 2 in Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge University Press 2021)

SSRN Electronic Journal

This chapter places the key bodies of knowledge this book deals with (transitional justice-TJ-and... more This chapter places the key bodies of knowledge this book deals with (transitional justice-TJ-and cultural heritage law) in conversation. In doing so, I am particularly interested in the question of transitional justice as a prominently legal endeavor, and what this focus has meant for a focus on technique and &quot;neutral&quot; objectives over the politics of transition, which are necessarily fraught. In fact, experts are seen as the main drivers of change and expansion in the field. 1 Likewise, cultural heritage law also experiences the same focus on neutrality and expertise, particularly in its legal structuring.

Research handbook on compliance in international human rights law

Australian Journal of Human Rights, 2022

On the Circumscribed and Problematic Resurgence of Inter-State Human Rights Cases

European Convention on Human Rights Law Review

The Hagia Sophia, Secularism, and International Cultural Heritage Law

ASIL Insights, Sep 22, 2020

The multiple interpretations in international law of ICHL's neutrality vis-à-vis religion in ... more The multiple interpretations in international law of ICHL's neutrality vis-à-vis religion in the case of sites with multiple religious/historical layers and the concept of "specially affected" state are explored with the latest issue of the transformation of Hagia Sophia into a mosque in mind

Implementation and Enforcement of International Heritage Law

International Heritage Law for Communities, 2019

This chapter tackles issues of application that are at the forefront of international heritage tr... more This chapter tackles issues of application that are at the forefront of international heritage treaties. It looks at tools inherent to international heritage treaties such as listing, international funds, and cooperation mechanisms, and the ways communities can (or, more often, cannot) rely on them. It also considers how, once compared across treaties, these tools share certain commonalities and differences that are revealing about the way international heritage law as a body of rules operates, particularly vis-à-vis communities. After that, the chapter examines the somewhat elusive matter of enforcement of international heritage law, which is for the most part reliant on non-specific fora, and sometimes other treaties altogether, to translate heritage goals into the language of those other instruments. Alternative fora can have beneficial effects on the inclusion of communities as a central part of heritage processes. Lastly, the chapter engages briefly with the matter of domestic ...

Contingent Economic Legal Ordering: Permanent Sovereignty over Natural Resources and International Commodity Agreements

Social Science Research Network, 2021

Raw Materials, Race, and Legal Regimes: The Development of the Principle of Permanent Sovereignty over Natural Resources in the Americas

Social Science Research Network, 2013

Social Science Research Network, 2022

PROTECÇÃO INTERNACIONAL DE BENS CULTURAIS

Protecção Internacional de Bens Culturais, In: Dário Moura Vicente et al. (eds.), ENCICLOPÉDIA LUSO-BRASILEIRA DE DIREITO INTERNACIONAL 953-955 (Publicações Dom Quixote 2023)., 2023

A protecção internacional de bens culturais no DI evoluiu historicamente sobretudo através do dir... more

Food as Culture: Framing, Legal Harmonization, and Transnational Law as a Regulatory Gateway

Food as Culture: Framing, Legal Harmonization, and Transnational Law as a Regulatory Gateway, In: Jorge Sánchez Cordero (ed.), CULTURE AND LAW: AN INESCAPABLE ENCOUNTER 89-118 (Intersentia 2023)., 2023

Cultural Heritage and Interculturality: A Call to Action

Cultural Heritage and Interculturality: A Call to Action, 29(12) INTERNATIONAL JOURNAL OF HERITAGE STUDIES 1361-1373 (2023)., 2023

Scholarship on the Teaching of International Law -An Overview of the State of the Art

Scholarship on the Teaching of International Law: An Overview of the State of the Art, In: Peter Hilpold and Giuseppe Nesi (eds.), TEACHING INTERNATIONAL LAW 435-475 (Brill 2024)., 2024

This chapter surveys the scholarly literature on the teaching of international law in a number of... more This chapter surveys the scholarly literature on the teaching of international law in a number of key European languages (English, French, Italian, Spanish, and Portuguese). It points to three major trends in this scholarship. The first is the focus on self-reflexive writing, when the international law scholar reflects on their own practice as a teacher. This literature showcases a turn to granular analyses of international legal teaching practices, and a focus on the localization of these practices to serve local interests, which simultaneously grounds this literature and contributes to important theoretical interventions elsewhere in the discipline, which query the universality of international law. The second major trend, historically prevalent but now in decline, is major assessments of international legal curricula, and attempts at creating uniform practice in the field for the entire world. The third trend observed in the scholarship relates to the place of the international lawyer in the broader university community, particularly within the legal curriculum. This body of scholarship aids in the grounding of international law in the immediate reality of the place where it is taught, since it displays an attempt by the international law teacher to see themselves validated in relation to other legal fields. I argue that, considering these trends, what is needed is more critical reflection on how international law is taught, for what purposes, and based on what premises about the place of international law in the broader legal discipline. This field of scholarship seems to have moved past the point where simply calling for deeper engagement with pedagogical theory is sufficient, without doing the work. The diagnostic is wellestablished, what is now needed is addressing the diagnosed problems.

Prefácio: O Poder do Patrimônio

Prefácio: O Poder do Patrimônio, In: Gilmara Benevides and Walter Lowande (eds.), ESTUDOS CRÍTICOS DE PATRIMÔNIO: ABORDAGENS TRANSNACIONAIS 13-21 (Tirant Lo Blanch, 2024)., 2024

É sempre um grande prazer intelectual poder sentar com uma ótima coleção de textos e considerar o... more É sempre um grande prazer intelectual poder sentar com uma ótima coleção de textos e considerar o seu importe para o campo, e os seus temas. É um prazer ainda maior quando essa coleção é ao mesmo tempo confortável e desafiadora. Ela nos apresenta ideias familiares de forma nova, ideias novas em discursos familiares, e faz-nos crescer. A presente coleção tem todas essas características. Nesse prefácio, eu pretendo discutir o que vejo como os temas principais da coleção, com vistas a introduzir algumas formas de pensar e conectar os temas dos vários autores.

Destruction of Cultural Heritage in Peacetime and International Law

Destruction of Cultural Heritage in Peacetime and International Law, In: José Antonio González Zarandona, Emma Cunliffe, and Melathi Saldin (eds.), THE ROUTLEDGE HANDBOOK OF HERITAGE DESTRUCTION 65-75 (Routledge 2023)., 2023

This chapter explores the international legal framework against the destruction of heritage in pe... more This chapter explores the international legal framework against the destruction of heritage in peacetime. It focuses particularly on two international standard-setting instruments: the 1972 World Heritage Convention (WHC), and the 2003 UNESCO Declaration concerning the Intentional Destruction of Cultural Heritage (2003 Declaration). The WHC sets out basic legal obligations protecting heritage sites and monuments, and forbids states from taking action that would harm heritage in another state's territory. It left a glaring gap, however: whether states could willingly destroy heritage located in their own territory. The assumption that states would not want to destroy cultural heritage in their own territories was upended by the destruction of the Bamiyan Buddhas by the Taliban regime in Afghanistan in 2001, which triggered the adoption of the 2003 Declaration. This chapter examines the two instruments, and queries the assumption in international law that the destruction of heritage is always "wrong", and its impacts on communities living in, with, and around heritage. I argue that, while the legal presumption against destruction may be important to protect (vulnerable) communities' interests over their own heritage, it can also trap those same communities in a conservation paradigm that is antithetical to the idea of heritage as living culture.

Joacine Katar Moreira and Lucas Lixinski, "Inventorying is Reckoning": An Interview with Joacine Katar Moreira

Inventorying is Reckoning: Joacine Katar Moreira talks to Lucas Lixinski, 2/2023 (9) SANTANDER ART AND CULTURE LAW REVIEW 29-36 (2023) (with Joacine Katar Moreira)., 2023

describes herself as an accidental politician. She is a dual national of Guinea-Bissau and Portug... more describes herself as an accidental politician. She is a dual national of Guinea-Bissau and Portugal. In 2019, she was the first racialized woman to head a party list in a Portuguese legislative election, and she was elected to the Portuguese Parliament. Drawing from her background in history, heritage management, development studies, and african studies, she was the first Member of Parliament to openly talk about the restitution of cultural objects from Portugal to territories it once colonized in Africa

International Law Association Committee on Participation in Global Cultural Heritage Governance - Executive Summary of Final Report (2022) (German)

SSRN Electronic Journal

‘Cultural Heritage as the New Standard of Civilization? Engagement with UNESCO from Rejection to Aggressive Embrace and the Perpetuation of Empire

SSRN Electronic Journal

Taming the Fragmentation Monster through Human Rights? International Constitutionalism, 'Pluralism Lite' and the Common Territory of the Two European Legal Orders

SSRN Electronic Journal

The ‘Collective Guarantee’ of International Human Rights: Creating, Reinforcing, and Undoing Legitimacies and Mandates Between Law and Politics

SSRN Electronic Journal

Rights (IACtHR), 'Denunciation of the American Convention on Human Rights and the Charter of the ... more

Lucas Lixinski, ‘Introduction’, Chapter 1 in Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge University Press 2021)

SSRN Electronic Journal

The introduction outlines the key objectives of the book. It argues that there are different stra... more The introduction outlines the key objectives of the book. It argues that there are different strands in the transitional justice literature that largely miss each other. On the one hand, there is a rich body of literature on memorialization processes and the role of memory and heritage in transition. This body of knowledge does not engage with the law, due to a perception that the law’s main focus is on accountability and prosecutions. On the other hand, the bulk of legal literature on transitional justice indeed tends to focus on accountability, neglecting its role in promoting reparations and guarantees of non-repetition, which are central to the success of transitional justice efforts. The chapter shows that, as a result of these two bodies not engaging one another, the law around culture, and cultural heritage in particular, is left at the mercy of other political forces in the transitional process, forces which tend to align with the pre-transition status quo, and therefore cultural heritage law unwittingly becomes a point of resistance to transitional efforts.

Lucas Lixinski, ‘Identity, Memory, and Transitional Justice’, Chapter 2 in Legalized Identities: Cultural Heritage Law and the Shaping of Transitional Justice (Cambridge University Press 2021)

SSRN Electronic Journal

This chapter places the key bodies of knowledge this book deals with (transitional justice-TJ-and... more This chapter places the key bodies of knowledge this book deals with (transitional justice-TJ-and cultural heritage law) in conversation. In doing so, I am particularly interested in the question of transitional justice as a prominently legal endeavor, and what this focus has meant for a focus on technique and &quot;neutral&quot; objectives over the politics of transition, which are necessarily fraught. In fact, experts are seen as the main drivers of change and expansion in the field. 1 Likewise, cultural heritage law also experiences the same focus on neutrality and expertise, particularly in its legal structuring.

Research handbook on compliance in international human rights law

Australian Journal of Human Rights, 2022

On the Circumscribed and Problematic Resurgence of Inter-State Human Rights Cases

European Convention on Human Rights Law Review

The Hagia Sophia, Secularism, and International Cultural Heritage Law

ASIL Insights, Sep 22, 2020

The multiple interpretations in international law of ICHL's neutrality vis-à-vis religion in ... more The multiple interpretations in international law of ICHL's neutrality vis-à-vis religion in the case of sites with multiple religious/historical layers and the concept of "specially affected" state are explored with the latest issue of the transformation of Hagia Sophia into a mosque in mind

Implementation and Enforcement of International Heritage Law

International Heritage Law for Communities, 2019

This chapter tackles issues of application that are at the forefront of international heritage tr... more This chapter tackles issues of application that are at the forefront of international heritage treaties. It looks at tools inherent to international heritage treaties such as listing, international funds, and cooperation mechanisms, and the ways communities can (or, more often, cannot) rely on them. It also considers how, once compared across treaties, these tools share certain commonalities and differences that are revealing about the way international heritage law as a body of rules operates, particularly vis-à-vis communities. After that, the chapter examines the somewhat elusive matter of enforcement of international heritage law, which is for the most part reliant on non-specific fora, and sometimes other treaties altogether, to translate heritage goals into the language of those other instruments. Alternative fora can have beneficial effects on the inclusion of communities as a central part of heritage processes. Lastly, the chapter engages briefly with the matter of domestic ...

Scholarship on the Teaching of International Law -An Overview of the State of the Art

Forthcoming in: Teaching International Law (Peter Hilpold and Giuseppe Nesi eds.)

This chapter surveys the scholarly literature on the teaching of international law in a number of... more This chapter surveys the scholarly literature on the teaching of international law in a number of key European languages (English, French, Italian, Spanish, and Portuguese). It points to three major trends in this scholarship. The first is the focus on self-reflexive writing, when the international law scholar reflects on their own practice as a teacher. This literature showcases a turn to granular analyses of international legal teaching practices, and a focus on the localization of these practices to serve local interests, which simultaneously grounds this literature and contributes to important theoretical interventions elsewhere in the discipline, which query the universality of international law. The second major trend, historically prevalent but now in decline, is major assessments of international legal curricula, and attempts at creating uniform practice in the field for the entire world. The third trend observed in the scholarship relates to the place of the international lawyer in the broader university community, particularly within the legal curriculum. This body of scholarship aids in the grounding of international law in the immediate reality of the place where it is taught, since it displays an attempt by the international law teacher to see themselves validated in relation to other legal fields. I argue that, considering these trends, what is needed is more critical reflection on how international law is taught, for what purposes, and based on what premises about the place of international law in the broader legal discipline. This field of scholarship seems to have moved past the point where simply calling for deeper engagement with pedagogical theory is sufficient, without doing the work. The diagnostic is well-established, what is now needed is addressing the diagnosed problems.

Scholarship on the Teaching of International Law -An Overview of the State of the Art

Forthcoming in: Teaching International Law (Peter Hilpold and Giuseppe Nesi eds.)

This chapter surveys the scholarly literature on the teaching of international law in a number of... more This chapter surveys the scholarly literature on the teaching of international law in a number of key European languages (English, French, Italian, Spanish, and Portuguese). It points to three major trends in this scholarship. The first is the focus on self-reflexive writing, when the international law scholar reflects on their own practice as a teacher. This literature showcases a turn to granular analyses of international legal teaching practices, and a focus on the localization of these practices to serve local interests, which simultaneously grounds this literature and contributes to important theoretical interventions elsewhere in the discipline, which query the universality of international law. The second major trend, historically prevalent but now in decline, is major assessments of international legal curricula, and attempts at creating uniform practice in the field for the entire world. The third trend observed in the scholarship relates to the place of the international lawyer in the broader university community, particularly within the legal curriculum. This body of scholarship aids in the grounding of international law in the immediate reality of the place where it is taught, since it displays an attempt by the international law teacher to see themselves validated in relation to other legal fields. I argue that, considering these trends, what is needed is more critical reflection on how international law is taught, for what purposes, and based on what premises about the place of international law in the broader legal discipline. This field of scholarship seems to have moved past the point where simply calling for deeper engagement with pedagogical theory is sufficient, without doing the work. The diagnostic is well-established, what is now needed is addressing the diagnosed problems.

Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples -Heritage Recognition, but Little Control and No Remedies Article 11

“United Nations Declaration on the Rights of Indigenous Peoples. Article-by-Article Commentary”, edited by Jessika Eichler (Nomos)., 2021

Examining the drafting history and practice under Article 11 of the UN Declaration on the Rights ... more Examining the drafting history and practice under Article 11 of the UN Declaration on the Rights of Indigenous Peoples (2007), I show in this contribution that there is a mismatch between declaratory recognition of Indigenous rights over their heritage and actual enforcement and remedies. There is a growing body of practice on the recognition, particularly in the realm of participation in heritage management, and on declaring the importance of Indigenous heritage for cultural identity and other human rights. The connection to other human rights instrumentalizes cultural heritage concerns, which makes it harder for international practice to focus specifically on remedying cultural harm using the language and mechanisms of cultural heritage. While using heritage as instrument for other claims is not a problem, it is perfectly possible and reasonable that Indigenous peoples have claims to their heritage, which are not often captured by existing international rights frameworks. Further, in other legal contexts, heritage belongs to the state, not to (Indigenous) peoples. The lack of heritage-specific practice also translates into far less practice in terms of remedies and restitution, which needs to be guided by Indigenous voice and self-determination, and by a commitment to treating Indigenous cultural heritage as Indigenous peoples’, a right meritorious of protection beyond a broad commitment to culture or as an pathway to land rights. I argue that we need to move past declaratory engagement and put more emphasis into remedies, so that we can really deliver on the promise of Indigenous control over their heritage.

Rights Litigation Piggybacking: Legal Mobilization Strategies in LGBTIQ International Human Rights Jurisprudence

Florida Journal of International Law, 2020

The article examines the LGBTIQ movement's engagement with international human rights adjudicatio... more The article examines the LGBTIQ movement's engagement with international human rights adjudication from the perspective of its borrowing from or piggybacking on the strategies and tactics of other international social movements for historically disadvantaged groups, particularly race, gender, and Indigenous peoples. Piggybacking has shaped the rights goals of the LGBTIQ movement, which are then translated into the language of international human rights law. In this translation process, certain objectives get foregrounded at the expense of others, and the movement essentializes itself in the pursuit of strategic gains, often to lasting unintended consequences that harm the movement itself. In mapping these trends, the article argues that social movement advocates would do well to be more mindful of the piggybacking's strategic costs, particularly as new international rights-oriented social movements emerge in areas like disability rights and the rights of older persons.

Commercializing Traditional Culture: Promises and Pitfalls in the Convergence of Intellectual Property Law and Cultural Heritage Law (Forthcoming in: Annali italiani del diritto d'autore, della cultura e dello spettacolo (AIDA) (2020))

Annali italiani del diritto d'autore, della cultura e dello spettacolo (AIDA), 2020

This article shows that the logics of intellectual property, even though pervasive in the legal t... more This article shows that the logics of intellectual property, even though pervasive in the legal treatment of traditional culture and its commercialization, needs to be tempered with the logic of cultural heritage law, which foregrounds different values and priorities. I argue that the regulation of culture depends on reconciling the role of the market in the both heritage law and intellectual property law, and putting the community front and centre in decision-making about the fate of traditional culture. In order to strike this balance, the market needs to be demystified and understood as a series of contractual arrangements, and contracts themselves need to be tapped into as a mechanism of private law-making that, once power asymmetries between culture holders and prospective exploiters are addressed, holds great promise for enabling the control over culture by the communities that create, recreate, and live the traditional culture outsiders cherish and wish to commercialize.

KNOWLEDGE, POWER AND LAW BEYOND THE STATE (Amsterdam Law School Legal Studies Research Paper No. 2016-08)

by R. Eljalill Tauschinsky, Marija Bartl, Damjan Kukovec, Lucas Lixinski, Geoff Gordon, and Emilios Christodoulidis

This collective paper discusses the many faceted entanglements of knowledge, power and law within... more This collective paper discusses the many faceted entanglements of knowledge, power and law within, and, even more so, beyond the state. Several eminent scholars in the field offer their view on how the knowledge-power-law nexus should be framed, and what its most salient problems are. In the first chapter, we examine Performativity of Expertise to answer the question why this form of knowledge has so much power over law (Tauschinsky, Christodoulidis, Farrand, and Everson). The second chapter discusses the consequences of De-localisation of Knowledge, ultimately raising the question of the distributive consequences of the governance beyond the state (Bartl, Lixinski, and Muir-Watt). The third chapter deals with the Transformation of Law, and in particular with the question whether the new constellation of power and knowledge beyond the state requires different thinking about the concept and the role of law (Micklitz, Patterson, Gupta, and Kukovec). Some of the contributions build on each other, others are contradictory. Together, however, they represent an intriguing and comprehensive picture of the ongoing debates and practical problems of law and governance beyond the state.

Santander Art and Culture Law Review - Interview with Cecile Duvelle by H. Schreiber & L.Lixinski

by Hanna Schreiber and Lucas Lixinski

BRAZILIAN JOURNAL OF INTERNATIONAL LAW SPECIAL ISSUE 2020.2 Populism and International Law: Global South Perspectives

by Fabio C Morosini and Lucas Lixinski

Call for Proposals: Teaching International Law

by Barrie Sander, Jean-Pierre Gauci, Ezequiel Heffes, Alexa Koenig, Lucas Lixinski, Christine Schwöbel-Patel, Mohammad Shahabuddin, Sahib Singh, and Fabia Fernandes Carvalho

British Institute of International and Comparative Law (BIICL), 2020

The practice of teaching international law is conducted in a wide range of contexts across the wo... more The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors -including scholars, practitioners, civil society groups, governments, and international organisations. It is somewhat surprising, therefore, that reflections and collaborations on the practice of teaching international law remain relatively rare.