Michigan Journal of International Law最新文献_第9页

ReBraiding Frayed Sweetgrass for Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues as International Atrocity Crimes 为Niijaansinaanik重新编织磨损的香草:将加拿大土著儿童福利问题理解为国际暴行犯罪

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.44.3.rebraiding

Alyssa Couchie

{"title":"ReBraiding Frayed Sweetgrass for Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues as International Atrocity Crimes","authors":"Alyssa Couchie","doi":"10.36642/mjil.44.3.rebraiding","DOIUrl":"https://doi.org/10.36642/mjil.44.3.rebraiding","url":null,"abstract":"The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing a process-based understanding of atrocity and genocide that helps draw connections between familiar, highly visible, and less recognized forms of atrocity violence, which tend to be overlapping and mutually reinforcing in terms of their destructive effects. This process-based understanding challenges the neocolonial, racist, and discriminatory attitudes reflected in the drafting and interpretation of the Genocide Convention and other atrocity laws that ignore the lived experiences of subjugated groups. Utilizing this approach, this note argues that, as applied to Indigenous populations, Canada’s longstanding discriminatory child welfare practices and policies represent an overlooked process of anti-Indigenous atrocity violence. Only by understanding current child welfare challenges facing Indigenous communities as interwoven with longstanding anti-Indigenous atrocity processes, such as the IRS system, can we understand what is at stake for affected communities and fashion appropriate remedies in international and domestic law.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125655275","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

A Path to Transformation: Asking “The Woman Question” in International Law 转型之路:询问国际法中的“女性问题”

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.42.3.path

Cochav Elkayam-Levy

引用次数: 0

International Advisory Proceedings on Climate Change 国际气候变化咨询会议

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.44.1.international

B. Mayer

{"title":"International Advisory Proceedings on Climate Change","authors":"B. Mayer","doi":"10.36642/mjil.44.1.international","DOIUrl":"https://doi.org/10.36642/mjil.44.1.international","url":null,"abstract":"Several island states are expected to be severely harmed by climate change and rising sea levels. In late 2021, several island states launched two legal initiatives aimed at requesting advisory opinions of international courts on the law applicable to climate change. In the hope of fostering more action to combat climate change, these states are asking international courts to clarify the obligations of states to cut greenhouse gas emissions and pay reparations for harm already caused. This article provides the first comprehensive assessment of the feasibility and desirability of international advisory proceedings on climate change. It analyzes recent developments and engages critically with the main substantive and procedural aspects of potential advisory proceedings. This article demonstrates that, contrary to the prevailing view, these well-intended initiatives are almost certain to fall short of their goals and may even be counterproductive. The likely failure of advisory proceedings on climate change results from several factors, including jurisdictional challenges and questions of judicial propriety. A court tasked with adjudicating such an advisory proceeding would find it difficult to determine the law applicable to key aspects of the questions presented, including modalities of burden-sharing in global climate change mitigation efforts. And even if a court were to offer a meaningful advisory opinion, it is highly uncertain whether powerful states would comply. These factors raise the risk that the issuance of an advisory opinion would further erode the credibility of international institutions, undermining the foundations of future cooperation combating climate change.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"99 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113989908","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

Decolonizing the Corpus: A Queer Decolonial Re-examination of Gender in International Law's Origins 语料库的非殖民化:对国际法起源中性别的非殖民化重新审视

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.43.3.decolonizing

David Eichert

{"title":"Decolonizing the Corpus: A Queer Decolonial Re-examination of Gender in International Law's Origins","authors":"David Eichert","doi":"10.36642/mjil.43.3.decolonizing","DOIUrl":"https://doi.org/10.36642/mjil.43.3.decolonizing","url":null,"abstract":"This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in influential legal texts, discursively creating a world in which wartime violence only featured men and women in strictly defined roles (a construction which continues to influence the practice of law today). In Part Two, I decenter these dominant discourses by looking outside Europe, questioning what a truly “international” law would look like if non-Western ideas about gender diversity and hierarchy had instead been allowed to contribute to its development. I demonstrate how gender diversity was the norm, not the exception, for multiple Indigenous and non-Western communities prior to colonization, drawing new connections between gendered oppression, colonial violence, and the continued practice of international law. This analysis provides an important bridge between queer and TWAIL critiques of international law, challenging lawyers and academics to think beyond mainstream ideas about binary gender when considering gender-based violence.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114251368","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

Reservations to Treaties 对条约的保留

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.18356/d19a4f1e-en

Edwards, W. Richard

引用次数: 37

The Legal Environment of International Finance: Thinking about Fundamentals 国际金融的法律环境:关于基本原理的思考

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.7916/D8Q81CJD

M. Fox

引用次数: 2

Fact-Finding Without Rules: Habermas's Communicative Rationality as a Framework for Judicial Assessments of Digital Open-Source Information 无规则的事实发现:哈贝马斯的交往理性作为数字开源信息司法评估的框架

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.44.3.fact

M. Gillett

{"title":"Fact-Finding Without Rules: Habermas's Communicative Rationality as a Framework for Judicial Assessments of Digital Open-Source Information","authors":"M. Gillett","doi":"10.36642/mjil.44.3.fact","DOIUrl":"https://doi.org/10.36642/mjil.44.3.fact","url":null,"abstract":"Jürgen Habermas’s theory of “communicative rationality” (also known as “communicative action”) provides a promising conceptual apparatus through which to justify and validate the International Criminal Court’s consideration of the emerging phenomenon of digital open-source information. Because of its process-based and inclusive qualities, Habermas’s communicative rationality is particularly apposite for the dynamic nature of digital open-source information and the heterogenous range of actors and institutions which have relevant experiences and skills to contribute to the generation of norms and determinations regarding its role before the Court. This is important, as the International Criminal Court’s procedural framework is largely silent on digital material, despite the risks of such materials being misinterpreted or misused as a vehicle for disinformation. In the absence of prescriptive regulatory responses, this article argues that Jürgen Habermas’s communicative rationality provides a justifiable framework for the court’s judicial deliberations regarding digital information. Importantly, Habermas emphasizes forming a broad epistemic community to draw specialists into the deliberative process. As the truth-seeking evidentiary function increasingly moves outside of the courtroom, Habermas’s communicative rationality constitutes an inclusive approach capable of inculcating specialized knowledge into judicial deliberations. In this way, communicative rationality can provide a powerful conceptual justification for the judicial exercise of power regarding the emerging phenomenon of digital open-source information.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133850539","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

Crisis, Continuity, and Change in International Investment Law and Arbitration 国际投资法与仲裁中的危机、连续性与变化

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/MJIL.42.2.CRISIS

V. Vadi

{"title":"Crisis, Continuity, and Change in International Investment Law and Arbitration","authors":"V. Vadi","doi":"10.36642/MJIL.42.2.CRISIS","DOIUrl":"https://doi.org/10.36642/MJIL.42.2.CRISIS","url":null,"abstract":"The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between crisis, continuity, and change in international investment law and arbitration. It seeks to answer the following question: can international investment law successfully address the challenges posed by the coronavirus crisis? Or will the pandemic change the field of international investment law as we know it? After briefly discussing a range of procedural matters, the article focuses on substantive aspects, namely, the kinds of claims that can be filed, the kind of defences that can be raised, and how arbitral tribunals can adjudicate such matters. In this way, the article ultimately concludes that both continuity and change are necessary for ensuring the health and wealth of nations and justice among them.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116778872","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

The Michigan Guidelines on Risk for Reasons of Political Opinion 密歇根关于政治观点风险的指南

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.1093/ijrl/eev038

James C. Hathaway

引用次数: 0

Soft and Hard Strategies: The Role of Business in the Crafting of International Commercial Law 软战略与硬战略:商业界在国际商法制定中的作用

Michigan Journal of International Law Pub Date : 1900-01-01 DOI: 10.36642/mjil.40.3.soft

Susan Block-Lieb

{"title":"Soft and Hard Strategies: The Role of Business in the Crafting of International Commercial Law","authors":"Susan Block-Lieb","doi":"10.36642/mjil.40.3.soft","DOIUrl":"https://doi.org/10.36642/mjil.40.3.soft","url":null,"abstract":"What motivates the choice between hard and soft law in the drafting of international commercial law, and what role does business play in the preference between the two? Broad disagreement exists in international law (IL) commentary as to motivations for reliance on soft international law. Traditionally, this commentary cast a wide gaze across both international public and private law, but debate about the use of hard or soft law is sharpened by focusing exclusively on international commercial lawmaking. Traditionally, IL commentary considered only on states' interests in crafting international law and ignored business interests. But recent scholarship has begun to question the primacy of nation-states in the making of IL. Some of this criticism is the result of empirical work – such as in the recent book Global Lawmakers, co-authored by Terence Halliday and me – which demonstrates that the state-centric focus of conventional IL theory is incomplete. These empirical studies, in turn, stand on the shoulders of theory questioning whether states alone are involved in international lawmaking. Looking specifically at international commercial lawmaking invites examination of the involvement of both public and private actors, and in particular businesses, financial institutions, and the international associations that represent their interests, in this process. States and businesses hold potentially divergent interests in the production of international commercial law, depending on the sort of law reform proposed, whether regulatory or otherwise. Soft law aids in bridging these differences in various ways – through its gap filling, advocacy, and socializing functions.","PeriodicalId":331401,"journal":{"name":"Michigan Journal of International Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121913850","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: 4