Andrew Clapham
Biographic Data
| ID | 4439748 |
|---|---|
| NAME | Andrew Clapham |
| GIVEN NAMES | Andrew |
| FAMILY NAME | Clapham |
| SIGNATURE | CLAPHAM A |
| AFFILIATIONS | Graduate Institute of International and Development Studies |
| ORCID | 0000-0002-8866-0892 |
| VERIFIED | Yes |
| TOTAL WORKS | 28 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 27 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1993 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
Governance Maturity for Agentic School Leadership
The role of governance in school leadership is well established, yet high‐profile failures continue to expose systemic weaknesses. This article reports a comparative study of school governance in Manitoba, Canada and England. Using governmentality, it examines governance arrangements to provide a theoretical and empirical analysis of governance maturity. The analysis informed refinement of Governance Maturity Theory and the Governance Maturity di…
Governing International Schools
Expansion in international schools globally has created a sector that is a significant force in global education. With over 14,000 such schools worldwide, serving a student cohort standing at almost 7 million, the sector has a similar number of students to a country such as Italy. Despite their increasing presence, the governance systems of these schools are under-researched. This paper contributes to this space, by focusing on international scho…
Redefining the (academic) author
This short communication presents the preliminary outcomes of an ongoing project exploring how initial teacher education research features in the UK’s 5–7 yearly national research assessment exercise, Research Excellence Framework (REF). Most recently, REF has reported in 2014 and 2021. Using a novel sampling method and analytic approach, we found that for REF2014, just 5.5% of outputs submitted by our sample of higher education institutions (HEI…
Liability for killing in war and why there is no ‘licence to kill
This column argues that it no longer makes sense to speak about the ‘moral equality of soldiers’ or a soldier's ‘licence to kill’ in wartime. International law now imposes individual criminal responsibility on those involved in the crime of aggression. International human rights law considers lives lost as a result of aggression to be arbitrary deprivations of the right to life and therefore the responsibility of the aggressor state. The individu…
Examining Teaching for Mastery as an instance of ‘hyperreal’ cross national policy borrowing
To improve education performance at home, countries cross nationally policy-borrow from jurisdictions ranked highly in international league tables. This paper examines a practical example of one such instance of policy borrowing, Teaching for Mastery (TfM). Over a six year period, interviews were conducted with teachers working in primary schools in the East Midlands region of England. The focus of these interviews was to explore informants’ expe…
Antonio Cassese and The Man in a Case
As we mark the 30th anniversary of the Tadić interlocutory appeal on jurisdiction of the International Criminal Tribunal for the former Yugoslavia, this special contribution commemorates the moment by looking at Antonio Cassese’s impact on international law, with a particular focus on his understanding of his own methodology, which could be described as ‘critical positivism’ and executed by a ‘judicious reformer’. ‘The Man in a Case’ in the title…
Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
The email exchange between Andrew Clapham and Paola Gaeta set forth in this chapter offers a snapshot of an argument over whether states parties to the Torture Convention are obliged to criminalise in domestic law the crime of torture as such. It goes on to explore what are the pros and cons of demanding that torture requires the involvement of a ‘state official’ and whether states can ‘gold-plate’ their definition of torture in domestic law, thu…
The Arms Trade Treaty
"The United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered…
The Preamble
This chapter analyses the preamble of the ATT. The preamble of an international treaty typically sets out its purpose and the context of its adoption. The ATT is unusual in that in addition to eighteen preambular paragraphs it contains a set of eight principles in accordance with which the states parties are ‘determined to act’. This right, however, does not create any obligation for states to do so and such rights must be exercised in accordance…
Legitimation, performativity and the tyranny of a ‘hijacked’ word
Outstanding education is a high-level policy narrative in England rehearsed by school leaders, politicians, policy-makers and inspectors alike. The ‘legitimacy’ of knowledge, performativity and discourse-based analysis are mobilised to examine outstanding. The paper explores how informants in the English state secondary education sector described and experienced outstanding. From examining policy documents and empirical data, the paper suggests t…
Enacting Informal Science Learning
Informal Science Learning (ISL) is a policy narrative of interest in the United Kingdom and abroad. This paper explores how a group of English secondary school science teachers, enacted ISL science clubs through employing the Periodic Table of Videos. It examines how these teachers ‘battled’ to enact ISL policy in performative conditions at the micro-scale, and how this battle reflected macro-scale epistemological and political considerations. Da…
Deprivations of life and liberty
‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restricti…
The death penalty
Attitudes with regard to what constitutes a human rights issue change over time. Is the death penalty a human rights issue? If we believe that torture and inhuman punishment is absolutely prohibited, then the ultimate irrevocable punishment of execution should also be prohibited at least as a form of inhuman punishment. ‘The death penalty’ considers how the human rights treaties that allow for the death penalty have been interpreted to include pr…
Find Print Edition in Library Human Rights
Human Rights: A Very Short Introduction considers the controversies surrounding the human rights movement by focusing on highly topical issues such as torture, arbitrary detention, privacy, equality, health, and discrimination. It discusses the historical origins of human rights and how they are formed in law; explains what our human rights actually are; and considers where the human rights movement might be heading. Today, it is usually not long…
Post‐fabrication and putting on a show
This paper explores inspection, performativity and fabrication within the context of two English schools. Case studies are employed to compare and contrast the inspection experiences of two teachers at different points in their career trajectories. The paper focuses on comments made by Sir Michael Wilshaw, the head of the Office for Standards in Education (Of STED ), that schools were ‘putting on a show’ during inspections. Empirical evidence is …
Human rights
Today it is usually not long before a problem gets expressed as a human rights issue. Indeed, human rights law continues to gain increasing attention internationally, and must move quickly in order to keep up with a social world that changes so rapidly. This book, in its second edition, brings the issue of human rights up to date, considering the current controversies surrounding the movement. Discussing torture and arbitrary detention in the con…
Focusing on Armed Non-State Actors
The Oxford Handbook Of International Law In Armed Conflict
Concluding Remarks
Journal Article Concluding Remarks: Three Tribes Engage on the Future of International Criminal Law Get access Andrew Clapham Andrew Clapham * * Professor of International Law, Graduate Institute of International Development Studies, Geneva and Director, Geneva Academy of International Humanitarian Law and Human Rights; Member, Board of Editors of this Journal. This is a revised version of the concluding remarks Prof. Clapham offered at the end o…
The Role of the Individual in International Law
This contribution reminds us that as individuals we play a role in the formation and understanding of international law. In other words might there be international civil law obligations for the individual
Extending International Criminal Law beyond the Individual to Corporations and Armed Opposition Groups
This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under international law is important in situations where national courts have jurisdiction over violations of internati…
Human Rights
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights
Human Rights Obligations of Non-State Actors
The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the United Nations, NATO, and the European Union are increasingly examined with recourse to a human rights lens. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non…
Human rights obligations of non-state actors in conflict situations
The threat to human rights posed by non-state actors is of increasing concern. The author addresses the international obligations of belligerents, national liberation movements and insurgent entities, looks at the growing demands that such armed groups respect human rights norms and considers some of the options for holding private military companies accountable with regard to human rights abuses. The argument developed throughout this article is…
Symbiosis in International Human Rights Law
1Graduate Institute of International Studies, Geneva
Human rights obligations of non-state actors in conflict situations
The threat to human rights posed by non-state actors is of increasing concern. The author addresses the international obligations of belligerents, national liberation movements and insurgent entities, looks at the growing demands that such armed groups respect human rights norms and considers some of the options for holding private military companies accountable with regard to human rights abuses. The argument developed throughout this article is…
Legitimation, performativity and the tyranny of a ‘hijacked’ word
Outstanding education is a high-level policy narrative in England rehearsed by school leaders, politicians, policy-makers and inspectors alike. The ‘legitimacy’ of knowledge, performativity and discourse-based analysis are mobilised to examine outstanding. The paper explores how informants in the English state secondary education sector described and experienced outstanding. From examining policy documents and empirical data, the paper suggests t…
Creating the High Commissioner for Human Rights
This note concentrates on the events of 1993 that culminated in the creation of the new High Commissioner for Human Rights.'It is this recent history which really determines the way this office will develop.Although the human rights organizations were at the forefront of the campaign to have a High Commissioner diey had to remain outside the drafting room.Their story -'the outside story' -is that almough they were shunned from the process of draf…
Extending International Criminal Law beyond the Individual to Corporations and Armed Opposition Groups
This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under international law is important in situations where national courts have jurisdiction over violations of internati…
Symbiosis in International Human Rights Law
1Graduate Institute of International Studies, Geneva
Human Rights in the Private Sphere
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations between individuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'…
Creating the High Commissioner for Human Rights
This note concentrates on the events of 1993 that culminated in the creation of the new High Commissioner for Human Rights.'It is this recent history which really determines the way this office will develop.Although the human rights organizations were at the forefront of the campaign to have a High Commissioner diey had to remain outside the drafting room.Their story -'the outside story' -is that almough they were shunned from the process of draf…
Symbiosis in International Human Rights Law
1Graduate Institute of International Studies, Geneva
Symbiosis in International Human Rights Law
Human Rights Obligations of Non-State Actors
The threats to human rights posed by non-state actors are of increasing concern. Multinational corporations, armed oppositions groups, and the activities of international organizations such as the United Nations, NATO, and the European Union are increasingly examined with recourse to a human rights lens. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non…
Human rights obligations of non-state actors in conflict situations
The threat to human rights posed by non-state actors is of increasing concern. The author addresses the international obligations of belligerents, national liberation movements and insurgent entities, looks at the growing demands that such armed groups respect human rights norms and considers some of the options for holding private military companies accountable with regard to human rights abuses. The argument developed throughout this article is…
Human Rights
Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights
Extending International Criminal Law beyond the Individual to Corporations and Armed Opposition Groups
This article argues that corporations and armed opposition groups have obligations under international law. It is suggested that the scope of the obligations turns on the capacity of the entities in question. While there may be no international court to hear complaints against such entities, understanding their legal obligations under international law is important in situations where national courts have jurisdiction over violations of internati…
The Role of the Individual in International Law
This contribution reminds us that as individuals we play a role in the formation and understanding of international law. In other words might there be international civil law obligations for the individual
Concluding Remarks
Journal Article Concluding Remarks: Three Tribes Engage on the Future of International Criminal Law Get access Andrew Clapham Andrew Clapham * * Professor of International Law, Graduate Institute of International Development Studies, Geneva and Director, Geneva Academy of International Humanitarian Law and Human Rights; Member, Board of Editors of this Journal. This is a revised version of the concluding remarks Prof. Clapham offered at the end o…
The Oxford Handbook Of International Law In Armed Conflict
Focusing on Armed Non-State Actors
Deprivations of life and liberty
‘Deprivations of life and liberty’ considers the rights to life and liberty, which may be limited through legal restrictions designed to protect a defined legitimate objective. The human rights approach starts from a presumption that we all have rights to liberty, freedom of expression, belief, assembly, association, property, and fair trial. Any restriction on these rights has to be justified as proportionate to the aims pursued by the restricti…
The death penalty
Attitudes with regard to what constitutes a human rights issue change over time. Is the death penalty a human rights issue? If we believe that torture and inhuman punishment is absolutely prohibited, then the ultimate irrevocable punishment of execution should also be prohibited at least as a form of inhuman punishment. ‘The death penalty’ considers how the human rights treaties that allow for the death penalty have been interpreted to include pr…
Find Print Edition in Library Human Rights
Human Rights: A Very Short Introduction considers the controversies surrounding the human rights movement by focusing on highly topical issues such as torture, arbitrary detention, privacy, equality, health, and discrimination. It discusses the historical origins of human rights and how they are formed in law; explains what our human rights actually are; and considers where the human rights movement might be heading. Today, it is usually not long…
Post‐fabrication and putting on a show
This paper explores inspection, performativity and fabrication within the context of two English schools. Case studies are employed to compare and contrast the inspection experiences of two teachers at different points in their career trajectories. The paper focuses on comments made by Sir Michael Wilshaw, the head of the Office for Standards in Education (Of STED ), that schools were ‘putting on a show’ during inspections. Empirical evidence is …
Human rights
Today it is usually not long before a problem gets expressed as a human rights issue. Indeed, human rights law continues to gain increasing attention internationally, and must move quickly in order to keep up with a social world that changes so rapidly. This book, in its second edition, brings the issue of human rights up to date, considering the current controversies surrounding the movement. Discussing torture and arbitrary detention in the con…
The Arms Trade Treaty
"The United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered…
The Preamble
This chapter analyses the preamble of the ATT. The preamble of an international treaty typically sets out its purpose and the context of its adoption. The ATT is unusual in that in addition to eighteen preambular paragraphs it contains a set of eight principles in accordance with which the states parties are ‘determined to act’. This right, however, does not create any obligation for states to do so and such rights must be exercised in accordance…
Legitimation, performativity and the tyranny of a ‘hijacked’ word
Outstanding education is a high-level policy narrative in England rehearsed by school leaders, politicians, policy-makers and inspectors alike. The ‘legitimacy’ of knowledge, performativity and discourse-based analysis are mobilised to examine outstanding. The paper explores how informants in the English state secondary education sector described and experienced outstanding. From examining policy documents and empirical data, the paper suggests t…
Enacting Informal Science Learning
Informal Science Learning (ISL) is a policy narrative of interest in the United Kingdom and abroad. This paper explores how a group of English secondary school science teachers, enacted ISL science clubs through employing the Periodic Table of Videos. It examines how these teachers ‘battled’ to enact ISL policy in performative conditions at the micro-scale, and how this battle reflected macro-scale epistemological and political considerations. Da…
Torture by Private Actors and ‘Gold-Plating’ the Offence in National Law
The email exchange between Andrew Clapham and Paola Gaeta set forth in this chapter offers a snapshot of an argument over whether states parties to the Torture Convention are obliged to criminalise in domestic law the crime of torture as such. It goes on to explore what are the pros and cons of demanding that torture requires the involvement of a ‘state official’ and whether states can ‘gold-plate’ their definition of torture in domestic law, thu…
Examining Teaching for Mastery as an instance of ‘hyperreal’ cross national policy borrowing
To improve education performance at home, countries cross nationally policy-borrow from jurisdictions ranked highly in international league tables. This paper examines a practical example of one such instance of policy borrowing, Teaching for Mastery (TfM). Over a six year period, interviews were conducted with teachers working in primary schools in the East Midlands region of England. The focus of these interviews was to explore informants’ expe…
Antonio Cassese and The Man in a Case
As we mark the 30th anniversary of the Tadić interlocutory appeal on jurisdiction of the International Criminal Tribunal for the former Yugoslavia, this special contribution commemorates the moment by looking at Antonio Cassese’s impact on international law, with a particular focus on his understanding of his own methodology, which could be described as ‘critical positivism’ and executed by a ‘judicious reformer’. ‘The Man in a Case’ in the title…
Redefining the (academic) author
This short communication presents the preliminary outcomes of an ongoing project exploring how initial teacher education research features in the UK’s 5–7 yearly national research assessment exercise, Research Excellence Framework (REF). Most recently, REF has reported in 2014 and 2021. Using a novel sampling method and analytic approach, we found that for REF2014, just 5.5% of outputs submitted by our sample of higher education institutions (HEI…
Political science (23 works) · Sociology (17 works) · Human rights (13 works) · Law (13 works) · International Law and Human Rights (12 works) · Law (11 works) · Computer Science (7 works) · Law and economics (7 works) · Politics (6 works) · Global Educational Policies and Reforms (5 works)