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Research Methods for International
Human Rights Law

The study and teaching of international human rights law is dominated by the
doctrinal method. A wealth of alternative approaches exists, but they tend to be
discussed in isolation from one another. This collection focuses on cross-
theoretical discussion that brings together an array of different analytical
methods and theoretical lenses that can be used for conducting research within
the field. As such, it provides a coherent, accessible and diverse account of key
theories and methods. A distinctive feature of this collection is that it adopts
a grounded approach to international human rights law, through demonstrating
the application of specific research methods to individual case studies. By apply-
ing the approach under discussion to a concrete case, it is possible to better
appreciate the multiple understandings of international human rights law that
are missed when the field is only comprehended through the doctrinal method.
Furthermore, since every contribution follows the same uniform structure, this
allows for fruitful comparison between different approaches to the study of our
discipline.

Damian Gonzalez-Salzberg is a Lecturer in Law at the University of Sheffield.

He has worked as a lawyer in Argentina within the field of human rights and
has published extensively on international human rights law in leading inter-
national journals, such as Modern Law Review, Human Rights Law Review,
American University International Law Review, Northern Ireland Legal Quar-
terly and Sur – International Journal of Human Rights. He is the author of
Sexuality and Transsexuality under the European Convention on Human Rights,
recently published by Hart.

Loveday Hodson is Associate Professor in Law at the University of Leicester.

She has published widely on gender, sexuality and international human rights
law. She convened the European Society of International Law’s interest group
on Feminism and International Law for a number of years and currently sits on
the editorial board of Feminist Legal Studies.
Routledge Research in Human Rights Law

Social and Economic Rights in Theory and Practice

A Critical Assessment
Helena Alviar Garcia, Karl Klare and Lucy A. Williams

Challenging Territoriality in Human Rights Law

Building Blocks for a Plural and Diverse Duty-Bearer Regime
Wouter Vandenhole

Care, Migration and Human Rights

Law and Practice
Siobhán Mullally

China’s Human Rights Lawyers

Advocacy and Resistance
Eva Pils

Indigenous Peoples, Title to Territory, Rights and Resources

The Transformative Role of Free Prior and Informed Consent
Cathal M. Doyle

Civil and Political Rights in Japan

A Tribute to Sir Nigel Rodley
Edited by Saul J. Takahashi

Human Rights, Digital Society and the Law

A Research Companion
Edited by Mart Susi

For more information about this series, please visit:

www.routledge.com/Routledge-Research-in-Human-Rights-Law/book-series/
HUMRIGHTSLAW
Research Methods for
International Human Rights
Law
Beyond the Traditional Paradigm

Edited by
Damian Gonzalez-Salzberg and
Loveday Hodson
First published 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2020 selection and editorial matter, Damian Gonzalez-Salzberg and
Loveday Hodson; individual chapters, the contributors
The right of Damian Gonzalez-Salzberg and Loveday Hodson to be
identified as the authors of the editorial material, and of the authors
for their individual chapters, has been asserted in accordance with
sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
reproduced or utilised in any form or by any electronic, mechanical,
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Trademark notice: Product or corporate names may be trademarks or
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explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
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Contents

List of contributors vii

1 Introduction: Human rights research beyond the doctrinal approach 1

DAMIAN A. GONZALEZ-SALZBERG AND LOVEDAY HODSON

2 A Marxist approach to R.M.T. v the United Kingdom 13

ROBERT KNOX

3 A feminist approach to Alyne da Silva Pimentel Teixeira (deceased) v

Brazil 42
LOVEDAY HODSON

4 A postmodern approach to Elisabeta Dano v Jobcenter Leipzig 69

BAL SOKHI-BULLEY

5 A queer approach to the Advisory Opinion 24/2017 on LGBT rights 98

DAMIAN A. GONZALEZ-SALZBERG

6 A legally pluralist approach to the Bakassi Peninsula case 123

JENNIFER HENDRY

7 A geographical approach to the Moiwana Community v Suriname 146

ANA LAURA ZAVALA GUILLEN

8 A historical approach to Chagos Islanders v the United Kingdom 171

HENRY JONES

9 A political approach to Lautsi and others v Italy 201

DIMITRIOS TSARAPATSANIS
vi Contents
10 An anthropological approach to M.S.S. v Belgium and Greece 227
MARIE-BÉNÉDICTE DEMBOUR

11 Human rights research beyond the traditional paradigm: afterword 250

CONOR GEARTY

Index 261
Contributors

Dr Rob Knox is a Lecturer in Law at the School of Law and Social Justice,
University of Liverpool and a member of the Historical Materialism: Research
in Critical Marxist Theory Editorial Board.
Dr Loveday Hodson is Associate Professor in Law at the University of Leicester.
She has published widely on gender, sexuality and international human rights
law. She convened the European Society of International Law’s interest group
on Feminism and International Law for a number of years and currently sits on
the editorial board of Feminist Legal Studies.
Dr Bal Sokhi-Bulley is Senior Lecturer in Law & Critical Theory at the School
of Law, Politics and Sociology, University of Sussex. Her work focuses on post-
structural (Foucauldian) approaches to rights. She has published extensively on
rights as technologies of governmentality, including articles in Human Rights
Law Review, Law and Critique and Social and Legal Studies. Her monograph
Governing (Through) Rights was published in 2016 (Hart, Bloomsbury) and
examines the relationship between rights, governance and possibilities of
counter-conduct. Her current research project looks at the Foucauldian idea
of ‘friendship’ as an ethical framework for rights.
Dr Damian A. Gonzalez-Salzberg is a Lecturer in Law at the University of
Sheffield. He has worked as a lawyer in Argentina within the field of human
rights and has published extensively on international human rights law in
leading international journals, such as Modern Law Review, Human Rights
Law Review, American University International Law Review, Northern Ire-
land Legal Quarterly and Sur – International Journal of Human Rights. He
is the author of Sexuality and Transsexuality under the European Convention
on Human Rights, recently published by Hart.
Dr Jen Hendry is an Associate Professor in Law and Social Justice at the
University of Leeds School of Law. She is a graduate of the Universities of
Glasgow (LLB Hons 2002) and Edinburgh (LLM 2003), and the European
University Institute (PhD 2009). Her research covers social and legal theory,
socio-legal studies, and comparative legal studies. She is currently writing on
issues of Indigenous justice, legal pluralism, and hybrid proceduralism. Jen is
viii Contributors
Director of the School’s Centre for Law and Social Justice, Vice-Chair of the
Socio-Legal Studies Association (SLSA), and member of the ESRC peer
review college.
Dr Ana Laura Zavala Guillen is part of the Office of the Prosecutor in the
Attorney General’s Office in Argentina. As a lawyer, she investigates crimes
against humanity perpetrated during the last dictatorship in Argentina. During
her doctoral studies in Human Geography, Ana Laura researched the geograph-
ies of the Maroon communities of the Colombian Caribbean through dynamics
of land dispossession and community resistance from colonial times to the
present day. She is an activist scholar interested in the implementation of partici-
patory research methods in the fields of historical geography and law.
Dr Henry Jones is an Assistant Professor at Durham Law School. He primarily
researches the history and spatiality of international law. His research has
been published in leading journals, including Legal Studies, London Review of
International Law and Finnish Yearbook of International Law.
Dr Dimitrios Tsarapatsanis is a Lecturer in Law at the University of York and
a practising attorney-at-law at the Athens Bar (Greece). He has research inter-
ests in human rights, bioethics, legal theory and the intersection of law and
technology. He has published extensively on the ECHR, probing the decision-
making processes of the ECtHR from both a theoretical and an empirical
perspective.
Prof Marie-Bénédicte Dembour is Professor of Law and Anthropology at the
University of Brighton. She studied Law at the Free University of Brussels
(ULB) and Social Anthropology at the University of Oxford. In the twenty-
five years since, she has produced many academic publications, some con-
sidered seminal, including Culture and Rights: Anthropological Perspectives
(co-edited with Jane K. Cowan and Richard A. Wilson), Who Believes in
Human Rights? Reflections on the European Convention, and When Humans
Become Migrants: Study of the European Court of Human Rights with an
Inter-American Counterpoint. She has been invited to talk all over the world.
Prof Conor Gearty is Professor of Human Rights Law at LSE and a Barrister at
Matrix Chambers. He is also a Fellow of the British Academy and a Member of
the Royal Irish Academy as well as a Bencher of Middle Temple and an honorary
Bencher of the King’s Inn in Dublin. Among his more recent books are On Fan-
tasy Island: Britain, Europe and Human Rights (OUP), Liberty and Security
(Polity) and (with Costas Douzinas, eds) The Meanings of Rights (CUP). He has
directed LSE’s Centre for the Study of Human Rights and, more recently, its
Institute of Public Affairs.
1 Introduction
Human rights research beyond the
doctrinal approach
Damian A. Gonzalez-Salzberg & Loveday Hodson

1 Human rights research

Louis Henkin began The Age of Rights affirming that the idea of human rights
is the only one to have achieved universal consensus.1 This notion of human
rights he was referring to is the idea of the existence of a set of rights that are
held by every person regardless of where in the world they are situated,2 which
is certainly very powerful and inspiring.3 It is an idea that emerged as an under-
standable consequence of the ‘barbarous acts which have outraged the con-
science of mankind’4 during the Second World War and that was proclaimed by
the General Assembly of the United Nations on 10 December 1948 with the
adoption of the Universal Declaration of Human Rights.5 In the six decades fol-
lowing, the belief that human rights are a value worthy of universal protection
has multiplied exponentially, now appearing in countless international treaties
and instruments, seeming to confirm Henkin’s assertion that human rights have
been widely embraced. In fact, the language of human rights has gained accept-
ance in almost every sphere of international law and politics, not only by policy-
makers, but also by NGOs, by the media, and more widely.6 Importantly, human
rights are seen by most as providing a framework for a progressive transformation
of our social and political reality.
Academic interest in international human rights as a discipline has also prolif-
erated over the last sixty years and, indeed, continues to do so. Although
human rights straddle many disciplines, the dominant discourse is a legal one.
Nowadays, every major university worldwide offers at least one module that
focuses specifically on international human rights law. Similarly, there exist more

1 L. Henkin, The Age of Rights (Columbia University Press 1990) ix.

2 ibid 1–2.
3 A. Sen, ‘Elements of a Theory of Human Rights’ (2004) 32 Philosophy and Public Affairs 315.
4 Universal Declaration of Human Rights (adopted 10 December 1948) UNGA Res 217 A(III)
(UDHR), preamble.
5 ibid.
6 D. Chandler (ed), Rethinking Human Rights: Critical Approaches to International Politics
(Palgrave Macmillan 2003) 1–2.
2 Damian A. Gonzalez-Salzberg & Loveday Hodson
than thirty international academic journals that are published in English and
dedicated exclusively to reflection on, and discussion of, human rights law.7 The
oldest of these journals was only launched in the late 1960s,8 and just a handful
of others were established during the 1970s and 1980s,9 confirming inter-
national human rights law as an academic discipline of our times.
An examination of the articles published in international human rights law
journals reveals that the approach adopted to conduct research within this aca-
demic field is still overwhelmingly doctrinal. Doctrinal research, usually also
referred to as ‘black-letter’, is ‘[r]esearch which provides a systematic exposition
of the rules governing a particular legal category, analyses the relationship
between rules, explains areas of difficulty and, [sometimes], predicts future
developments’.10 While doctrinal research plays an important role in understand-
ing the legal framework through which human rights are protected, it provides
a narrow and particular lens through which to engage with a subject that has
roots in philosophy, religion and ethics; the articulation of which is intimately
wrapped up with historical and political forces; and the meaningful application
of which has such crucial significance for individuals and groups seeking justice,
challenging structural inequality, and striving for a language through which to
articulate their claims for dignity. Indeed, for many years, there seemed to be
very little reflection about the diversity of research methods that can be used to
carry out research within the discipline.11

7 African Human Rights Law Journal; Asia-Pacific Journal on Human Rights and the Law;
Australian Journal of Human Rights; Buffalo Human Rights Law Review; Business and
Human Rights Journal; Canadian Journal of Human Rights; Columbia Human Rights Law
Review; European Human Rights Law Review; Harvard Human Rights Journal; Human
Rights & International Legal Discourse; Human Rights Law Journal; Human Rights Law
Review; Human Rights Review; Human Rights Quarterly; Intercultural Human Rights Law
Review; International Human Rights Law Review; International Journal of Human Rights;
Israel Yearbook on Human Rights; Journal of Human Rights; Journal of Human Rights and
the Environment; Journal of Human Rights Practice; Law & Ethics of Human Rights; Muslim
World Journal of Human Rights; Netherlands Quarterly of Human Rights; Nordic Journal of
Human Rights; Northwestern Journal of Human Rights; Religion and Human Rights; South
African Journal on Human Rights; Sur – International Journal on Human Rights; Trans-
national Human Rights Review; Yale Human Rights & Development Law Journal.
8 The Columbia Human Rights Law Review was launched in 1968 as The Columbia Survey of
Human Rights Law.
9 Israel Yearbook on Human Rights (1971); Human Rights Law Journal (1980); Nordic Jour-
nal of Human Rights (1983); South African Journal on Human Rights (1985); Harvard
Human Rights Journal (1988); although, with regards to the Nordic Journal of Human
Rights, it would take almost twenty years for it to start publishing articles in English.
10 D. Pearce, E. Campbell and D. Harding (‘Pearce Committee’), Australian Law Schools:
A Discipline Assessment for the Commonwealth Tertiary Education Commission (Australian
Government Publishing Service 1987) cited in T. Hutchinson and N. Duncan, ‘Defining and
Describing What We Do: Doctrinal Legal Research’ (2012) 17 Deakin Law Review 83, 101.
11 F. Coomans, F. Grünfeld and M. T. Kamminga, ‘Methods of Human Rights Research: A
Primer’ (2010) 32 Human Rights Quarterly 179, 180–181; T. Murphy, Health and Human
Rights (Hart 2013) 9 and 11.
 Introduction 3
2 Beyond the doctrinal approach
Notwithstanding the prominent role of doctrinal research in international
human rights law, multiple other research methods exist that offer an alternative
way of looking at the subject. In this collection, we aim to offer a coherent
overview of some of these methods in order to provoke wider discussion of how
we might forge paths to doing international human rights law differently. In
our use of the term ‘method’, we follow Ratner and Slaughter and adopt the
definition provided by the Oxford English Dictionary.12 We understand
‘method’ to mean: ‘A special form of procedure or characteristic set of proced-
ures employed (more or less systematically) in an intellectual discipline or field
of study as a mode of investigation and inquiry, or of teaching and
exposition’.13 Therefore, the methods for conducting research in international
human rights law will be the different procedures and techniques that can be
employed to explore it as a discipline. Research in the field of international
human rights law through methods beyond the doctrinal one started growing in
popularity in the 1990s, particularly the use of a variety of methods grounded in
the social sciences.14 Although different methods were used for conducting
research within the discipline, the study of the actual methods, together with
a reflection as to the benefits or difficulties of using different approaches to the
study of human rights, was not a topic that gained much academic attention.
Only in the 2000s, with growing evidence that doctrinal approaches alone may
be insufficient to explore the causes of injustice, it is possible to see a slowly
emerging academic interest in the new perspectives on international human
rights law offered by different research methods, with the publication of mono-
graphs and edited collections that started to reflect upon these approaches and
to highlight their significance.15
Our book is by no means the first academic endeavour that focuses on the
research methods that can be used for conducting research within international
human rights law. However, this book is certainly different in kind to previous
ones, offering an innovative approach to the study of research methods for the
discipline. Each chapter of this book has been written by a different author who
both outlines and applies a specific method for approaching the field of inter-
national human rights law. At the more general level, the chapters in this book

12 S. R. Ratner and A-M. Slaughter, ‘Appraising the Methods of International Law:

A Prospectus for Readers’ (2004) 36 Studies in Transnational and Legal Policy 1, 2.
13 Oxford English Dictionary [www.oed.com/].
14 B. A. Andreassen, H-O. Sano and S. McInerney-Lankford, ‘Human rights research method’
in B. A. Andreassen, H-O. Sano and S. McInerney-Lankford (eds) Research Methods in
Human Rights: A Handbook (Edward Elgar 2017) 1–13, 3–4.
15 T. Landman, Studying Human Rights (Routledge 2006); M-B. Dembour, Who Believes in
Human Rights? Reflections on the European Convention (Cambridge University Press 2006);
F. Coomans, F. Grünfeld and M. T. Kamminga (eds), Methods of Human Rights Research
(Intersentia 2009); B. A. Andreassen, H-O. Sano and S. McInerney-Lankford (eds), Research
Methods in Human Rights: A Handbook (Edward Elgar 2017).
4 Damian A. Gonzalez-Salzberg & Loveday Hodson
also adopt a common structure in order to facilitate comparison and discussion
across and between the methods. A distinctive feature of this collection is that it
adopts a grounded approach to international human rights law, through demon-
strating the application of specific research methods to individual case studies.
Each chapter of this book focuses on a specific decision of a court or monitoring
body, critically analysing it from a particular methodological approach. To avoid
confusion between the book’s method and each of the chapter’s method, we
opted for calling the latter one an approach. Moreover, the (methodological)
approach adopted by each chapter could either be a ‘theoretical’ approach or
a ‘disciplinary’ one. The former refers to the use of a specific analytical frame-
work, such as Marxism (Chapter 2) or Feminism(s) (Chapter 3), which leads to
an exploration of the field through a particular theoretical lens. As to the latter,
these are grounded in a specific academic discipline, such as Geography (Chapter
8) or History (Chapter 9), which allows the use of procedures and techniques
(methods) from the social sciences for approaching the study of international
human rights law. The use of these theoretical and disciplinary approaches can
offer a very different understanding of the field, compared to the one provided
by the more traditional doctrinal method.
As mentioned above, every chapter in the book follows the same structure,
split into three sections: (i) Research method (approach); (ii) Summary of the
case under examination; and (iii) Case critique. The first section provides
a discussion of the approach adopted by the chapter, as well as its general applic-
ability to the field of international human rights law. Following this, the second
section provides a discussion of the specific case under analysis, a decision
adopted by a court or monitoring body concerning the protection of inter-
national human rights law. Finally, the third section of the chapter focuses on
the applicability of the particular method to the case under examination. It
offers a methodologically grounded critique of the selected case. The aim of this
section is to demonstrate how looking at the case from the perspective provided
by the specific approach leads to a different understanding of the case. By apply-
ing the approach under discussion to a concrete case, it is possible to better
appreciate the multiple understandings of international human rights law that
are missed when the field is only comprehended though the doctrinal method.
Furthermore, since every contribution follows the same uniform structure, this
allows for fruitful comparison between different approaches to the study of our
discipline.

3 Chapter summary
In total, nine chapters follow in which a number of methods are outlined and
explored. In Chapter 2, Robert Knox analyses the way in which insights from
the Marxist tradition can illuminate international human rights law. His contri-
bution begins by outlining the key elements of historical materialism, which is
fundamental to Marxist understanding of shifts in human society and patterns of
development. It then selects three key analytics – class, ideology and the
 Introduction 5
structure of capitalism – and shows how they can illuminate the general phe-
nomenon of human rights. In particular, it argues that human rights law is
a social relation that mediates the struggles between classes. However, the spe-
cific form that this takes is one which tends to recast social conflict as a matter
of individual rights violations, thereby drawing attention away from the root
causes of social problems. The chapter then goes on to apply these insights to
the widely discussed16 R.M.T. v the United Kingdom (2014)17 case, which
raised the question of the existence and scope of any right to secondary action
during industrial disputes under Article 11 (freedom of association) of the Euro-
pean Convention on Human Rights. Viewed from a Marxist position, aside
from directly advantaging the capitalist class in its judgment, the European
Court of Human Rights can also be argued to have reproduced the ideological
effects of human rights law. Viewed in this light, the Court’s judgment is seen
to recast the political-economic logic of class conflict as a technocratic clash of
individual rights. The chapter closes with a reflection upon whether it would be
possible to articulate a vision of human rights which takes on board the polit-
ical-economic issues flagged up by Marxist analysis.
Chapter 3 offers a different analytical framework. In this chapter, Loveday
Hodson sets out a feminist critique of Alyne da Silva Pimentel Teixeira
(deceased) v Brazil,18 a 2011 decision of the Committee on the Elimination of
Discrimination against Women (‘the Committee’), the body that monitors the
Convention on the Elimination of All Forms of Discrimination against Women
(‘CEDAW’). The case was submitted by the mother, an Afro-descendant Brazil-
ian woman who died in the late stages of pregnancy. The death of her daughter
was avoidable; it resulted from fatal delays in the provision of necessary treat-
ment following the medically induced delivery of her stillborn foetus. The Alyne
da Silva case has been described as ground-breaking, not least for being the first
decision from an international human rights treaty monitoring body that
addresses the question of how human rights apply to pregnant women. This
chapter considers the Committee’s decision in this case through a feminist lens
and offers insights into both how the Committee used feminist analytical tools
in reaching its decision and where such tools might have been used to different

16 L. Lavrysen, ‘Strasbourg court fails to adequately protect trade union freedom: secondary strike
action only considered to be an “accessory” aspect of Article 11 (R.M.T. v UK)’ (Strasbourg
Observers) <https://strasbourgobservers.com/2014/05/12/strasbourg-court-fails-to-
adequately-protect-trade-union-freedom-secondary-strike-action-only-considered-to-be-an-acces
sory-aspect-of-article-11-r-m-t-v-uk/> accessed 9 April 2019; J. Hendy QC and M. Ford QC,
‘RMT v United Kingdom: Sympathy Strikes and the European Court of Human Rights’
(Oxford Human Rights Hub) <http://ohrh.law.ox.ac.uk/rmt-v-united-kingdom-sympathy-
strikes-and-the-european-court-of-human-rights/> accessed 9 April 2019.
17 National Union of Rail, Maritime and Transport Workers v the United Kingdom, no.
31045/10, ECHR 2014.
18 Alyne da Silva Pimentel Teixerira (deceased) v Brazil, Communication No. 17/2008,
CEDAW/C/49/D/17/2008 (27 Sept. 2011).
6 Damian A. Gonzalez-Salzberg & Loveday Hodson
ends. While feminists have a shared interest in addressing discrimination and
injustice experienced by women, Hodson emphasises that purporting to offer
a defining feminist perspective is simply not an achievable goal; it is to be
expected that many feminists would approach the task in hand rather differently.
Feminism is a way of asking questions, rather than a single means of answering
them. It is nonetheless important that a feminist perspective is included in this
collection, not least because of the depth and importance of contemporary fem-
inist engagement with international human rights law. In this chapter, Hodson
draws attention to the Committee’s feminist method of ‘telling the story dif-
ferently’, which enabled it to frame Alyne’s death as an injustice rather than
merely a tragedy. The chapter’s discussion reflects feminist ambivalence in
engaging with law in their struggles: human rights law is at once a tool for
oppression and a means to address injustice. In scrutinising the Committee’s
decision, Hodson considers critically the contribution that feminists have made
to understandings of sex and gender, and demonstrates how, in spite of these
developments, a binary approach to both characterised the Committee’s decision
in this case. Finally, she considers the contribution that intersectional analysis
made to the Committee’s decision, arguing from a feminist perspective that
closer attention could have been paid by the Committee to the intersecting
characteristics, including gender, that contributed to Ms da Silva’s untimely
and avoidable death.
The following Chapter by Bal Sokhi-Bulley on postmodernism sets out
a ‘critical attitude’ that explores the problematiques within, and the possibilities
for, human rights law. Thus, her chapter turns to rights themselves with
a critical attitude in order to tell an alternative truth about rights: the particular
tool she uses to do this is ‘governmentality’. By governmentality, Sokhi-Bulley
refers to a particular perspective associated with post-modernism and in particu-
lar the work of Michel Foucault that addresses the ‘problem of government’; it
is a perspective that poses questions about the nature and practice of govern-
ment and governing (which refers to control over the actions of others in
a broad sense). Sokhi-Bulley’s chapter adopts a governmentality lens in order to
observe rights as technologies of governmentality. From this perspective, human
rights operate as mechanisms of regulation and control that manage the con-
struction of certain political identities (for instance, the emergence of the Euro-
pean Union as a human rights actor) and produce governmentable subjects (for
instance, the economically inactive migrant). Using the critical skills of interro-
gation and application, Sokhi-Bulley questions the jurisprudence of the Court of
Justice of the EU in Case 333/13 Elisabeta Dano v Jobcenter Leipzig (2014),19
concerning economically inactive nationals of a Member State residing in the
territory of another Member State. It applies a governmentality lens to magnify
the wider implications of ‘economically inactive migrants’ being conceived of as
an ‘unreasonable burden’; namely, that the EU is able to govern through the

19 Case 333/13 Elisabeta Dano v Jobcenter Leipzig EU:C:2014:2358.

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