{"title":"Reassessing State Consent to Jurisdiction","authors":"T. Sparks","doi":"10.1163/15718107-91020005","DOIUrl":"https://doi.org/10.1163/15718107-91020005","url":null,"abstract":"\u0000In Monetary Gold Removed from Rome, the International Court of Justice first articulated the “Monetary Gold rule”: the principle that it cannot rule on cases in which the conduct of a State not party to the proceedings forms the “very subject-matter” of the dispute. That principle is taken to be a fundamental rule of international law, deriving its force from the sovereignty of States and the nature of the international legal system.\u0000This article will dispute that claim, and will argue that the principle of consent underpinning Monetary Gold is an empty formalism. Through a comparison of the Court’s approach in its contentious and advisory jurisdictions, it will ask to what States consent and for what purpose they do so, when they “consent to jurisdiction”, and no satisfactory answer will be found. It will conclude that the focus on consent in international adjudication is discretionary.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42986424","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}
{"title":"Agreement for the Termination of the Intra-EU bit s","authors":"K. Särkänne","doi":"10.1163/15718107-91020002","DOIUrl":"https://doi.org/10.1163/15718107-91020002","url":null,"abstract":"\u0000While the agreement for the termination of the intra-European Union (EU) bilateral investment treaties (bit s) is moving the intricate question of intra-EU investment arbitration closer to solution, the retroactive effects of the agreement may prove problematic from the viewpoint of international law. It is argued in the article that the underlying reason for this is the different understandings under the EU law perspective and the international law perspective on whether the intra-EU bit s have been inapplicable in the light of international treaty law. Furthermore, the article discusses the proceedings regarding intra-EU awards in national courts in the aftermath of the termination agreement, concluding that there is notable uncertainty looming over the faith of the awards. Finally, an overview is taken on the termination of the bit s in the Member States, which did not sign the termination agreement, discussing the possible consequences of the opt-out.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48895089","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}
{"title":"Assessing (and Making Sense of) Severity","authors":"Ergun Cakal","doi":"10.1163/15718107-91020003","DOIUrl":"https://doi.org/10.1163/15718107-91020003","url":null,"abstract":"\u0000The element of severity remains core to the definition and interpretation of torture under international law. It has long represented a source of confusion and obfuscation for the legally-oriented anti-torture professional, whether academic, advocate or adjudicator. Its character as decisive differentiator, setting torture apart from cruelty, inhumanity and degradation, remains problematically entrenched and contested. It is a legal construct not finding its origins in the scholarship on pain, and evades precise measurement – as pain is socio-culturally constructed, relative and subjective. Accepting the prevailing complexity and addressing the perennial ambiguity, this article aims to offer some clarifications towards conceptualising and contextualising, and thereby better specifying and applying, torture’s core.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43126500","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}
{"title":"Bjarne Lindström & Göran Lindholm, The Future Conditions for the Åland Autonomy. A Study of the Legal and Political Development of Åland´s Self-Determination","authors":"O. Bring","doi":"10.1163/15718107-91020006","DOIUrl":"https://doi.org/10.1163/15718107-91020006","url":null,"abstract":"","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45061372","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}
Ian Janssen, Julie E Campbell, Samah Zahran, Travis J Saunders, Jennifer R Tomasone, Jean-Philippe Chaput
{"title":"Timing of physical activity within the 24-hour day and its influence on health: a systematic review.","authors":"Ian Janssen, Julie E Campbell, Samah Zahran, Travis J Saunders, Jennifer R Tomasone, Jean-Philippe Chaput","doi":"10.24095/hpcdp.42.4.02","DOIUrl":"10.24095/hpcdp.42.4.02","url":null,"abstract":"<p><strong>Background: </strong>Recent studies report that the health benefits of physical activity differ depending on whether the activity is performed in the morning, afternoon or evening. The purpose of this systematic review was to examine whether the timing of physical activity within the 24-hour day is associated with health.</p><p><strong>Methods: </strong>Five databases were searched for English or French language peer-reviewed studies that examined whether the timing of physical activity within the day is associated with health. No limits were placed on publication year, study population, study design or health outcomes. Studies that examined acute effects of physical activity or timing of physical activity around food intake were excluded.</p><p><strong>Results: </strong>This systematic review examined 35 studies, with 17 259 participants, and the following health outcomes: measures of sleep health, adiposity, fat-free mass and muscle size, cardiometabolic biomarkers, physical function and mobility, mental health, and risk of cardiovascular disease, cancer, and mortality. Heterogeneity across studies precluded meta-analyses, and we present our findings using narrative syntheses. Of the 35 studies, 11 reported that morning physical activity provides greater health benefits than afternoon/ evening physical activity, while 12 found that morning physical activity provides fewer health benefits than afternoon/evening physical. In the remaining 12 studies, there was no clear difference in health benefits based on the timing of physical activity. The quality of evidence for the different health outcomes across study designs was very low.</p><p><strong>Conclusion: </strong>There is no consistent evidence that physical activity at one time of day provides more favourable health benefits than physical activity at a different time of day. (PROSPERO registration no.: CRD42021231088).</p>","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":"69 1","pages":"129-138"},"PeriodicalIF":2.2,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9116725/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87127436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Arctic Asylum","authors":"T. Gammeltoft‐Hansen, Sune Klinge","doi":"10.1163/15718107-91010007","DOIUrl":"https://doi.org/10.1163/15718107-91010007","url":null,"abstract":"\u0000This article examines the regulation and rights of refugees and other foreigners in independent, overseas and other not fully sovereign territories. It analyses two Nordic cases, Greenland and Svalbard. Greenland is an autonomous territory within the Kingdom of Denmark, and Svalbard an unincorporated area subject to Norwegian sovereignty through the 1920 Spitsbergen Treaty. Unlike their parent states, both territories remain outside the Schengen Area. As this article highlights, both territories are subject to distinct regulatory frameworks in respect to asylum-seekers and refugees. While the number of asylum-seekers or refugees in each place is so far very limited, the regulatory differences nonetheless raise principled questions both from a rights-based perspective and at the more theoretical level. As this article argues, Greenland and Svalbard both exemplify how international law and late sovereign constructions may themselves provide for an unmooring of asylum and refugee rights within the ordinary statist framework. The effects in each case are multi-directional. On the one hand, the legal frameworks pertaining to these arctic territories provide for significantly more liberal rules in terms of access to asylum and immigration control. On the other hand, these legal bifurcations serve to upend the ordinary Nordic social contract and welfare rights owed to refugees and other aliens.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44353927","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}
{"title":"Nordic Journal of International Law","authors":"","doi":"10.1163/15718107-91010010","DOIUrl":"https://doi.org/10.1163/15718107-91010010","url":null,"abstract":"","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46955551","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}
{"title":"Atle Grahl-Madsen, Founder of the Academic Discipline of Refugee Law","authors":"J. Hathaway","doi":"10.1163/15718107-91010009","DOIUrl":"https://doi.org/10.1163/15718107-91010009","url":null,"abstract":"","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48572458","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}
{"title":"Nordic Migration Cases before the UN Treaty Bodies","authors":"S. Ford","doi":"10.1163/15718107-91010003","DOIUrl":"https://doi.org/10.1163/15718107-91010003","url":null,"abstract":"\u0000The UN human rights treaty bodies have decided an extensive amount of complaints brought by asylum seekers and immigrants against the Nordic states. This development forms part of a larger shift in international accountability routes that have emerged from the uptake of migrants’ rights claims by human rights courts and treaty bodies. The article examines what this development engenders in both international and national contexts, using the Nordic litigation as a focal point. The first part posits that the litigation has played a significant role in developing international law. It further explains that the significant amount of these cases in the region, but also variance across states, partly comes down to the degree of strategic litigation and the design of national asylum systems. The second part examines what emerges from this oversight, and identifies four factors from which to understand these national contexts: the design of the asylum system; the question of ‘credibility’; existence of parallel jurisprudence from the European Court of Human Rights; and communicative and functional processes that exist beyond final merits decisions. Overall, attention to the aftermath of these – formally soft law – decisions reveals that they do have quasi-judicial effects in the national contexts.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41431986","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}
{"title":"Nordic Norms, Natural Disasters, and International Protection","authors":"M. Scott, Russell Garner","doi":"10.1163/15718107-91010005","DOIUrl":"https://doi.org/10.1163/15718107-91010005","url":null,"abstract":"\u0000In international law, new norms can emerge through the identification and development of effective practices. This article examines Swedish, Finnish and, less closely, other Nordic countries’ contributions to the slow process of norm emergence in relation to cross-border displacement in the context of disasters and climate change. It focuses on Sweden and Finland’s early adoption, and subsequent judicial application, of a legal provision establishing a right to international protection for persons unable to return home in the context of an ‘environmental disaster’. As calls are growing for European countries to take more concerted action to address this phenomenon, we examine why this pioneering approach never became an ‘effective practice’, and how this experience can nonetheless inform the emergence of new norms at the European level. Drawing on norm development theory, we argue that progressive interpretation and application of existing international protection standards, combined with the initiation of a European consultative process dedicated to identification and development of effective practices that are attuned to regional displacement dynamics, is more likely to contribute to norm emergence than the creation of new categories of international protection as attempted in Sweden and Finland.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44107008","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}
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