Brill Open Law最新文献

Where Economic Development Meets the Rule of Law? Promoting Sustainable Development Goals Through the European Neighborhood Policy 经济发展与法治在哪里相遇?通过欧洲邻国政策促进可持续发展目标

Brill Open Law Pub Date : 2020-04-03 DOI: 10.1163/23527072-20191017

M. Rabinovych

引用次数: 5

Can A Transnational Law Approach Offer A Better Understanding of International Law’s Contribution to Sustainable Hydropower Projects? A Test Case from the Mekong River Basin 从跨国法的角度看，能否更好地理解国际法对可持续水电项目的贡献?一个来自湄公河流域的测试案例

Brill Open Law Pub Date : 2020-04-03 DOI: 10.1163/23527072-20191019

Laure-Elise Mayard

{"title":"Can A Transnational Law Approach Offer A Better Understanding of International Law’s Contribution to Sustainable Hydropower Projects? A Test Case from the Mekong River Basin","authors":"Laure-Elise Mayard","doi":"10.1163/23527072-20191019","DOIUrl":"https://doi.org/10.1163/23527072-20191019","url":null,"abstract":"Hydropower regulation involves an increasingly complex set of actors, scales and legal regimes. The role that international law plays in regulating hydropower, and other sustainable development issues, is challenged by this pluralism because of international law’s restrictive traditional theoretical framework, which appears to be ill-equipped to fully grasp and represent significant features of pluralistic regulation. A broader conceptualization of international law could create a more pluralist, holistic and integrated approach to regulation, making it more attuned to reality and to sustainable development objectives.\u0000This article adopts a transnational law approach embracing in a more flexible manner different elements which influence regulation and which escape existing legal categories. Hydropower projects in the Lower Mekong River Basin illustrate the mismatch between regulation mainly focused on the State, investment-related actors and regimes of large projects, on the one hand, and the growing pluralism driven by the involvement of non-State actors, specificities of environmental regulation and different levels of inquiry, on the other hand. The analysis explores the ‘blind spots’ of international law in its regulation of hydropower projects and considers the possibilities in which a transnational law approach broadens the vision of existing international law to be more pluralist.","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127510489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Implementing the SDG-13 through the Adoption of Hybrid Law: Addressing Climate-Induced Displacement 通过采用混合法律落实可持续发展目标13:解决气候导致的流离失所问题

Brill Open Law Pub Date : 2020-04-03 DOI: 10.1163/23527072-20191016

Stellina Jolly, A. Trivedi

{"title":"Implementing the SDG-13 through the Adoption of Hybrid Law: Addressing Climate-Induced Displacement","authors":"Stellina Jolly, A. Trivedi","doi":"10.1163/23527072-20191016","DOIUrl":"https://doi.org/10.1163/23527072-20191016","url":null,"abstract":"The sustainable development goals (sdgs) with their integrated linkage of development and environmental concerns have been hailed as a paradigm shift in the attainment of sustainability. The article attempts to understand the normative framework that underwrites international law and sdg-13 vis-a-vis climate change with a special focus on climate-induced displacement. It explores the existing provisions, limitations, and gaps under international law with regard to displacement associated with climate change. More specifically, the analysis assesses the potential of hybrid law in promoting the goals of sdg-13. The hybrid law approach proposed in this article involves the amalgamation of substantive norms from different branches of international law, integration of norms of differing legal status and engagement of state and non-state actors. The analysis explores the concept of hybrid law, surveys the Nansen Protection Agenda and the Global Compact on Migration and analyses their suitability in exploring solutions to climate displacement. The article evaluates how the adoption of the sdgs provides a foundation for the development of a hybrid law in examining solutions to climate displacement under sdg-13.","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134356359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Liberalizing the Global Supply Chain of Renewable Energy Technology: The Role of International Investment Law in Facilitating Flows of Foreign Direct Investment and Trade 开放可再生能源技术的全球供应链:国际投资法在促进外国直接投资和贸易流动中的作用

Brill Open Law Pub Date : 2020-04-03 DOI: 10.1163/23527072-00201001

Cornelis Verburg, Jaap Waverijn

{"title":"Liberalizing the Global Supply Chain of Renewable Energy Technology: The Role of International Investment Law in Facilitating Flows of Foreign Direct Investment and Trade","authors":"Cornelis Verburg, Jaap Waverijn","doi":"10.1163/23527072-00201001","DOIUrl":"https://doi.org/10.1163/23527072-00201001","url":null,"abstract":"1 International Energy Agency, Perspectives for the Energy Transition – Investment Needs for a Low Carbon Energy System (Bonn: iea/irena, 2017), https://www.iea.org/publications/ insights/insightpublications/PerspectivesfortheEnergyTransition.pdf, accessed 1 November 2018, p. 8. * The authors would like to emphasize that the names of the authors appear in alphabetical order, both have contributed equally. ** The Special Issue ‘International Law for the Sustainable Development Goals’ is a research outcome of the 2017–2018 Workshop Series ‘International Law for the Sustainable Development Goals’ organised by the Department of Transboundary Legal Studies, Faculty of Law, University of Groningen. Mando Rachovitsa and Marlies Hesselman led the organisation of these workshops. The series included 8 workshops which explored the role and relevance of international law to the implementation of the Sustainable Development Goals. The Special Issue includes some of the papers presented at the workshops and papers submitted to an open Call for Papers. More information is available at https://www.rug.nl/rechten/ congressen/il4sdgs/.","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117047344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

‘A Rough Trade’? Towards a More Sustainable Minerals Supply Chain 《艰难的交易》?迈向更可持续的矿产供应链

Brill Open Law Pub Date : 2020-04-03 DOI: 10.1163/23527072-20191014

D. Jong

引用次数: 1

The Use of the ‘Vulnerability’ Label by the Committee on the Elimination of Discrimination Against Women: Protecting or Stigmatizing Women and Girls in the Forced Migration Context? 消除对妇女歧视委员会使用“脆弱性”标签:在被迫移徙背景下保护或侮辱妇女和女孩?

Brill Open Law Pub Date : 2019-01-24 DOI: 10.1163/23527072-20191021

Veronika Flegar, Emma Iedema

{"title":"The Use of the ‘Vulnerability’ Label by the Committee on the Elimination of Discrimination Against Women: Protecting or Stigmatizing Women and Girls in the Forced Migration Context?","authors":"Veronika Flegar, Emma Iedema","doi":"10.1163/23527072-20191021","DOIUrl":"https://doi.org/10.1163/23527072-20191021","url":null,"abstract":"This article sheds light on the explicit identification and labelling of forced migrant women and girls as vulnerable and the effect this seems to have on their human rights protection under the Convention on the Elimination of Discrimination Against Women (cedaw). The article focuses on the principal international body directly concerned with the human rights of women and girls, the Committee on the Elimination of Discrimination Against Women (cedaw Committee) and combines legal doctrinal analysis with a critical reflection in light of the normative-theoretical notion of universal vulnerability. The notion of universal vulnerability has been suggested to close protection gaps and contribute to a more inclusive human rights framework; yet, the vulnerability label has been criticized as potentially stigmatizing and paternalizing. The article therefore critically assesses whether and to what extent explicit vulnerability references by the cedaw Committee contribute to the protection and/or stigmatization of forced migrant women and girls. The analysis reveals that the vulnerability label adopted by the cedaw Committee is not (yet) entirely in line with the universal vulne-rability notion’s potential for the protection of human rights. Yet, the article suggests that vulnerability references can nevertheless contribute to human rights protection since they help to identify protection priorities and clarify state obligations towards those identified as vulnerable. This positive effect for the protection of human rights is likely to be highest the more attention is being paid to the avoidance of stigmatization.","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123189877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

Climate Change and Disappearing Island States: Pursuing Remedial Territory 气候变化与消失的岛屿国家:寻求补救领土

Brill Open Law Pub Date : 2018-11-25 DOI: 10.1163/23527072-00101008

E. Allen

引用次数: 2

A Concise Research Agenda for Environmental Law 环境法研究简论

Brill Open Law Pub Date : 2018-11-23 DOI: 10.1163/23527072-00101009

J. Viñuales

{"title":"A Concise Research Agenda for Environmental Law","authors":"J. Viñuales","doi":"10.1163/23527072-00101009","DOIUrl":"https://doi.org/10.1163/23527072-00101009","url":null,"abstract":"If one could truly select a number of directions where research on environmental law, including its international dimensions, should focus in the future, the selection process would have to be based not only on an understanding of the state of the discipline, but more generally on an assessment, or at least a reasoned and informed opinion, of the state of the challenges faced by the discipline. And such challenges could not be more important or pressing than they are now. The terminology used to characterize such challenges varies, much like the examples, which abound, from catastrophic climate change or the sixth massive species extinction to the more mundane and humanly understandable air, water and soil pollution. Importantly, the sum of these impacts and their analysis as the combined human geological influence on the Earth System can now rely on the specific terminology of the Anthropocene, i.e. the proposed new epoch of the Geological Time Scale where humans are the defining force.1 Thus characterized, the challenge (the advent of the Anthropocene) and its various manifestations (from climate change to pollution) call, in my view, for two levels of responses, which, in turn, suggest relatively clear directions of research. The first and more basic level of response is the need to move from words to action. Environmental law, including international environmental instruments, is by now a very developed body of law. But it still suffers greatly from an implementation deficit, particularly on the international plane.2 As I shall discuss in section I of this short essay, research on environmental","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115354425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Global Public Goods, Global Commons, Fundamental Values and International Investment Law: the Responses of the New Generation of International Economic Law Agreements and Investment Arbitration Proceedings 全球公共产品、全球公域、基本价值与国际投资法:新一代国际经济法协议与投资仲裁程序的回应

Brill Open Law Pub Date : 2018-07-25 DOI: 10.1163/23527072-00101007

E. Baroncini, H. Hestermeyer, Peter-Tobias Stoll, C. Titi, Marina Trunk-Fedorova

引用次数: 0

The Margin of Appreciation Debate over Novel Cigarette Packaging Regulations in Philip Morris v. Uruguay 菲利普莫里斯诉乌拉圭案中关于新型卷烟包装规定的增值幅度之争

Brill Open Law Pub Date : 2018-07-10 DOI: 10.1163/23527072-00101006

Pei-Kan Yang

{"title":"The Margin of Appreciation Debate over Novel Cigarette Packaging Regulations in Philip Morris v. Uruguay","authors":"Pei-Kan Yang","doi":"10.1163/23527072-00101006","DOIUrl":"https://doi.org/10.1163/23527072-00101006","url":null,"abstract":"The margin of appreciation doctrine, developed by the European Court of Human Rights, generally refers to how much deference the Court decides to accord individual States in fulfilling their obligations under the European Convention on Human Rights. This concept has been borrowed by the Tribunal of the International Centre for the Settlement of Investment Disputes (ICSID) in Philip Morris v. Uruguay, an investment dispute involving novel cigarette packaging regulations, requiring single presentation for each cigarette brand. While Philip Morris claimed the single presentation requirements (SPR) infringed investors’ rights to use its trademark, the Tribunal applied the doctrine confirming Uruguay’s rights to regulate for the benefit of public health. However, one arbitrator submitted a dissenting opinion rejecting its applicability to the investment dispute given the SPR was adopted without sufficient evidence and due consideration by the Uruguayan government.\u0000This paper tries to examine whether and how the margin of appreciation doctrine can be applied by an investment tribunal to evaluate the legality of a newly introduced tobacco control regulation devoid of supporting scientific evidences. This paper argues that such doctrine should be applied cautiously to avoid having an easy excuse for the tribunal to refrain from substantive reviews over investor’s claims, and this doctrine can be adjusted by investment tribunals to establish a balanced standard of review theory, accommodating both the States’ rights to regulate and the private rights of investors.","PeriodicalId":313746,"journal":{"name":"Brill Open Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134079320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1