AJIL UnboundPub Date : 2025-01-01DOI: 10.1017/aju.2025.2
Lisa Ariemma, Cecilia M. Bailliet, Nayelli Torres-Salas
{"title":"International Solidarity as a Human Right, Shared Goal, and Community Action","authors":"Lisa Ariemma, Cecilia M. Bailliet, Nayelli Torres-Salas","doi":"10.1017/aju.2025.2","DOIUrl":"https://doi.org/10.1017/aju.2025.2","url":null,"abstract":"This essay explores three approaches to understanding international solidarity in contexts of migration: as a human right, as a shared goal, or as community-driven action. From a legal perspective, international solidarity has been enumerated as an enabling right that facilitates the exercise of other substantive human rights. An international solidarity-based approach to rights expands the range of actors, incorporating civil society groups as rights-holders, and international organizations and non-state actors as duty bearers. A social science lens might foreground a transversal approach to international solidarity, embracing difference in pursuit of equity. In other words, international solidarity can be conceptualized as a plurality of actors pursuing shared goals across different struggles while rejecting homogeneity. From the vantage of activism, international solidarity can be understood as a force that can enable migrants and deportees who have been excluded and invisibilized to connect particular and local struggles to different local struggles and even transnational struggles. It can counteract dehumanization and portend hope by highlighting the ripple effect that social movements and their work can have on a range of disadvantaged communities. In all three approaches, international solidarity reinforces human connection but with a different emphasis: on the expansion of opportunities to exercise rights, on the recognition and valuing of pluralism, and on the collective power that can be leveraged to encourage social change.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"119 1","pages":"30-35"},"PeriodicalIF":0.0,"publicationDate":"2025-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.cambridge.org/core/services/aop-cambridge-core/content/view/84079A50061C963B12FB4530CE604AC9/S2398772325000029a.pdf/div-class-title-international-solidarity-as-a-human-right-shared-goal-and-community-action-div.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147908270","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}
AJIL UnboundPub Date : 2024-01-01DOI: 10.1017/aju.2024.20
S. James Anaya
{"title":"The Significance of the UN Declaration on the Rights of Indigenous Peoples","authors":"S. James Anaya","doi":"10.1017/aju.2024.20","DOIUrl":"https://doi.org/10.1017/aju.2024.20","url":null,"abstract":"Rabiat Akande's article, “An Imperial History of Race-Religion in International Law,” persuasively demonstrates the interplay of racial and religious discrimination both historically and today, and argues that this race-religious nexus is not now adequately addressed by international law. 1 Featured in the article is a historical account of the early colonial-era practices and patterns of thought that regarded people indigenous to the Americas and Africa as inferior in significant part due to their non-Christian religious practices and identities. The article's assessment of contemporary international law as it relates to the “race-religious othering” provides important insights into the shortcomings of formal international legal sources and their application. That assessment, however, sidelines or even downplays relevant developments that can provide hope for the victims of that othering, developments that include the adoption of the UN Declaration on the Rights of Indigenous Peoples (“the Declaration” or “the UN Indigenous Rights Declaration”). 2 Akande's article summarily dismisses the significance of the Declaration with cursory questioning of its impact and legal character. This essay responds to Akande's treatment of the Declaration and overall sidelining of relevant developments internationally concerning Indigenous peoples.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"118 1","pages":"134-138"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.cambridge.org/core/services/aop-cambridge-core/content/view/4B619D0BAB80F6E90946FD01C9FCA8D5/S2398772324000205a.pdf/div-class-title-the-significance-of-the-un-declaration-on-the-rights-of-indigenous-peoples-div.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147887328","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}
AJIL UnboundPub Date : 2024-01-01DOI: 10.1017/aju.2024.33
Radhika Mongia
{"title":"Colonialism and the “Right to Exclude”","authors":"Radhika Mongia","doi":"10.1017/aju.2024.33","DOIUrl":"https://doi.org/10.1017/aju.2024.33","url":null,"abstract":"A discussion of the state's “right to exclude” requires that we have at our disposal unambiguous understandings of what constitutes the state, who constitute its subjects/citizens, and who constitute aliens. 1 This, however, is not the case. In fact, the reverse is more true: particular notions of the state, of subjects/citizens, and of aliens are the outcome of (among other things) practices of migration regulation. This essay interrogates two understandings of the state that characterize much scholarship on migration, including legal scholarship. First, the assumption of the salience of state borders, of citizens/subjects, and of aliens understood in national terms; second, the assumption—often condensed in invocations of the Westphalian state—that the authority to control migration across these putative borders is a longstanding and non-contentious element of state sovereignty. In such approaches, the state is simply there. It matters little what prefix—national, colonial, imperial, modern, and so forth—we affix to it. Such views are premised on the notion that the practices of governance and the institutions of the state have a fidelity to, can be deduced from, and simply reflect a set of principles. In my view, rather than understand the state as merely translating a set of principles into practice, we are better served by focusing on practices to examine how they interpret and remake principles in particular historical conjunctures.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"118 1","pages":"198-202"},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.cambridge.org/core/services/aop-cambridge-core/content/view/152603F8C26B79322A7D6CD21C4304A0/S2398772324000333a.pdf/div-class-title-colonialism-and-the-right-to-exclude-div.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147893582","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.49
Eran Sthoeger
{"title":"How do States React to Advisory Opinions? Rejection, Implementation, and what Lies in Between","authors":"Eran Sthoeger","doi":"10.1017/aju.2023.49","DOIUrl":"https://doi.org/10.1017/aju.2023.49","url":null,"abstract":"Advisory opinions of the International Court of Justice (ICJ) are non-binding and lack operative clauses requiring compliance. At the same time, they reflect the ICJ's views as to rights and obligations of states under international law. In that sense they are not different from binding judgments and generate expectations of implementation of the Court's determinations. Although some states may reject an opinion, others have pursued implementation through the requesting organ, or through alternative political and legal means. And although it is not always easy to ascertain the effect of an opinion on states’ behavior, advisory opinions often have practical ramifications, even if they are not implemented.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"9 5","pages":"292 - 297"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602254","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.47
Massimo Lando
{"title":"Three Goals of States as They Seek Advisory Opinions from ITLOS","authors":"Massimo Lando","doi":"10.1017/aju.2023.47","DOIUrl":"https://doi.org/10.1017/aju.2023.47","url":null,"abstract":"In most international tribunals, states alone can submit requests for advisory opinions.1 This is also true of requests to the International Tribunal for the Law of the Sea (ITLOS) sitting in plenary composition. The United Convention on the Law of the Sea (UNCLOS)2 does not expressly confer advisory jurisdiction on ITLOS. In practice, the Tribunal's advisory jurisdiction is governed by Article 138 of its Rules of Procedure, under which international agreements can empower entities to request advisory opinions of the Tribunal. The process leading to the making of advisory requests to ITLOS includes the drafting of legal questions and is largely political.3 In this process, sponsoring states have three goals: first, get requests before ITLOS; second, ensure that requests are not thrown out on grounds of jurisdiction or discretion; third, mobilize the constituency having stakes in the requests. This essay explores each of these goals.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"27 24","pages":"282 - 286"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604263","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.48
Jean Galbraith
{"title":"Introduction to Symposium on the Contours and Limits of Advisory Opinions","authors":"Jean Galbraith","doi":"10.1017/aju.2023.48","DOIUrl":"https://doi.org/10.1017/aju.2023.48","url":null,"abstract":"","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"35 19","pages":"274 - 276"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138602646","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.46
M. Wewerinke‐Singh, J. Viñuales, Julian Aguon
{"title":"The Role of Advocates in the Conception of Advisory Opinion Requests","authors":"M. Wewerinke‐Singh, J. Viñuales, Julian Aguon","doi":"10.1017/aju.2023.46","DOIUrl":"https://doi.org/10.1017/aju.2023.46","url":null,"abstract":"Law, like medicine, is a practiced discipline, and the practice of international law is no exception. There are different contexts in which that practice unfolds. Here, our focus is on: (1) a specific form of practice, that of “advocates,” understood widely to include counsel advising or representing a party in legal proceedings, diplomats supporting a policy directive, and civil society activists advocating for legal causes; (2) engaging in different forms of legal advocacy, which can be organized analytically under three headings: legal advice and representation, diplomacy, and campaigning; and (3) in a specific context, that of advisory opinions and, more specifically, in the conception of requests for advisory opinions. Such requests are subject to different requirements according to the institutional setting through which they are channeled, but the most prominent and complex setting is that of requests for advisory opinions by the UN General Assembly to the International Court of Justice (ICJ). This is the setting we will refer to in our essay.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"32 13","pages":"277 - 281"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138603787","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.51
Walter Arévalo Ramírez, Andrés Rousset Siri
{"title":"Compliance with Advisory Opinions in the Inter-American Human Rights System","authors":"Walter Arévalo Ramírez, Andrés Rousset Siri","doi":"10.1017/aju.2023.51","DOIUrl":"https://doi.org/10.1017/aju.2023.51","url":null,"abstract":"In this essay, we analyze how different actors contribute to compliance with the advisory jurisdiction of the Inter-American human rights system. The essay briefly reviews the discussion around the binding force of, and compliance with, advisory opinions. It then analyzes how the holdings in advisory opinions issued by the Inter-American Court of Human Rights (IACtHR or Court) over the last forty years have had a notable impact on states and how different interstate actors, including the executive, the legislature, the national judiciary, and local regulatory bodies, ensure compliance.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"17 13","pages":"298 - 302"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604123","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}
AJIL UnboundPub Date : 2023-12-04DOI: 10.1017/aju.2023.50
Maria Antonia Tigre, Armando Rocha
{"title":"Competing Perspectives and Dialogue in Climate Change Advisory Opinions","authors":"Maria Antonia Tigre, Armando Rocha","doi":"10.1017/aju.2023.50","DOIUrl":"https://doi.org/10.1017/aju.2023.50","url":null,"abstract":"The limited use of dispute settlement mechanisms under the UN Framework Convention on Climate Change and the Paris Agreement explains the recent upsurge in requests for advisory opinions on issues specific to climate change to international courts, namely the International Court of Justice (ICJ), the International Tribunal of the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights. However, it is still unclear how these courts will answer the questions posed, and in particular whether they will coordinate or compete with each other. As the requesting states and bodies are well aware of this uncertainty, requesting an advisory opinion from three courts simultaneously was an ingenious (not ingenuous) strategy to clarify states’ obligations to mitigate or adapt to climate change through the international judiciary. This essay assesses how the parallel jurisdiction of courts in these cases presents an opportunity to enhance states’ obligations concerning climate change through requesting concurrent views on the same rules and obligations. It considers the potential for contradictory views between courts on the same obligations. Finally, the essay analyzes the extent to which these courts may compete or cooperate in their approach to the resolution of these issues.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"10 8","pages":"287 - 291"},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604387","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}
AJIL UnboundPub Date : 2023-07-31DOI: 10.1017/aju.2023.28
Maria Antonia Tigre
{"title":"International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean?","authors":"Maria Antonia Tigre","doi":"10.1017/aju.2023.28","DOIUrl":"https://doi.org/10.1017/aju.2023.28","url":null,"abstract":"Although there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicial and legislative developments, LAC has provided fertile ground for the flourishing of the right to a healthy environment. The region has seen some of the most innovative responses to the fragmented fields of human rights and the environment, providing a model for progressive legal development. Within this context, this essay focuses on how UN recognition of the new right may impact the burgeoning law on human rights and the environment in LAC. I argue that the resolutions should support the already rich environmental and climate jurisprudence in the region to realize the full potential of the right to a healthy environment. The right to a healthy environment can further solidify the role of the Inter-American Court of Human Rights (IACtHR) as a leading human rights court in environmental protection, with wide-ranging implications for rights-based environmental (and climate) litigation.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"117 1","pages":"184 - 188"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42728962","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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