AJIL Unbound最新文献

{"title":"International Law After Ukraine: Introduction to the Symposium","authors":"E. Chachko, K. Linos","doi":"10.1017/aju.2022.18","DOIUrl":"https://doi.org/10.1017/aju.2022.18","url":null,"abstract":"The Russian invasion of Ukraine has brought on unspeakable suffering. It has already injured and killed scores of people. It has displaced millions who now face an uncertain future. It raises the specter of all-out cyber war that threatens to draw other countries into the conflict. It is raging not only on the ground in Ukraine, but also on internet platforms where disinformation has spread. It tests the resilience of international partnerships and alliances. Beyond these immediate implications, the Russian attack on Ukraine also violates the prohibition on aggressive use of force, a foundational principle of the post-World War II international order. Facing these alarming prospects, many are pessimistic about what the war in Ukraine may portend for the future of international law and international relations. Surprisingly, however, some of the bleakest predictions have not yet been realized. Quite the contrary. We argue that there is a lot to be optimistic about when it comes to the role of international law, partnerships and norms in this conflict.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"124 - 129"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43790513","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":"An Unlawful War","authors":"Adil Ahmad Haque","doi":"10.1017/aju.2022.23","DOIUrl":"https://doi.org/10.1017/aju.2022.23","url":null,"abstract":"Russia's invasion of Ukraine violated the prohibition of force contained in the United Nations Charter and the peremptory norm of general international law prohibiting aggression. The invasion was not an exercise of individual or collective self-defense, or a humanitarian intervention, as Russia variously claimed. The United Nations General Assembly rejected all such claims when 141 member states voted to deplore “in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2 (4) of the Charter” as well as “the involvement of Belarus in this unlawful use of force against Ukraine.” This essay traces the legal implications of Russia's act of aggression, and its violations of international humanitarian law, through international criminal law, international human rights law, and the law of state responsibility. It argues that Russia violates the human rights of every person it kills, and that states are permitted and may be required to provide military assistance to Ukraine and impose economic sanctions on Russia. As Ukraine fights for its survival as an independent state, international law remains both a moral guide and a strategic asset.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"155 - 159"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47954035","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":"Ukrainians in Flight: Politics, Race, and Regional Solutions","authors":"Jaya Ramji-Nogales","doi":"10.1017/aju.2022.22","DOIUrl":"https://doi.org/10.1017/aju.2022.22","url":null,"abstract":"The situation of Ukrainians fleeing the Russian invasion exemplifies, as the organizers of this symposium note, both a shock to the international order and a powerful international response. Europeans, and Global North states more broadly, have welcomed Ukrainians with a generosity that sits in stark contrast to their treatment of the vast majority of contemporary refugees. This exceptional response demonstrates a key gap in the legal architecture, namely the absence of an international agreement on shared responsibility for hosting refugees. It also highlights a substantive shortcoming in international refugee law: its failure to protect most people fleeing armed conflict. In contrast, regional law from Africa and Latin America has for some time extended refugee protection to individuals escaping generalized violence. Beyond the substantive law, in many cases, regional protection is a preferable option for individuals fleeing violent conflict. In addition to these structural and substantive concerns, the exceptionally rapid and generous response to the Ukrainians demonstrates the deep politicization of international refugee policy and highlights the invidious role of race in the international legal order.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"150 - 154"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43631022","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":"Ukraine, Cyberattacks, and the Lessons for International Law","authors":"K. Eichensehr","doi":"10.1017/aju.2022.20","DOIUrl":"https://doi.org/10.1017/aju.2022.20","url":null,"abstract":"Russia's invasion of Ukraine has put to the test theories about how cyberattacks fit into conventional war. Contrary to many expectations, cyber operations appear to have played only a limited role in the initial stages of the invasion, prompting competing theories and rampant speculation about why. Although written while the conflict continues, this essay considers how either of two broad explanations for the limited role of cyberattacks to date—that Russia's attempted cyberattacks were thwarted or that Russia chose not to deploy them widely—challenges conventional wisdom about cybersecurity. The essay concludes by suggesting that one lesson international lawyers should draw from the current conflict is the urgent need to clarify and enforce international rules not just for the rare high-end destructive or widely disruptive cyber operations, but also for lower-level operations that have proven more consistently problematic, both in Ukraine and elsewhere. Clarifying such rules could help to manage escalation risk now and in the future, even if such rules—like the most venerable international law prohibitions that Russia's invasion has violated—do not necessarily restrain behavior directly.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"145 - 149"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42535826","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":"A Watershed Moment for Sanctions? Russia, Ukraine, and the Economic Battlefield","authors":"E. Chachko, J. Heath","doi":"10.2139/ssrn.4090894","DOIUrl":"https://doi.org/10.2139/ssrn.4090894","url":null,"abstract":"Russia's invasion of Ukraine has triggered an unprecedented wave of sanctions targeting every facet of the Russian economy. In the early months of the conflict, the sheer scope, speed, and coordination of this response to Russia's aggression instills hope that economic pressure may yet play a decisive role in this conflict. But the massive scale of the effort is also cause for concern. In particular, it highlights the relative lack of legal constraints governing economic warfare, even in the face of potentially grave harms to third parties and the global economy. While these concerns have provoked no shortage of proposals for reform, the fragmented institutional landscape and a lack of political will are likely to frustrate any attempts at far-reaching transformation.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"135 - 139"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41402586","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":"Introduction to the Symposium on International Economic Law and Its Others","authors":"Nicolás M. Perrone, G. Shaffer","doi":"10.1017/aju.2022.17","DOIUrl":"https://doi.org/10.1017/aju.2022.17","url":null,"abstract":"This symposium explores international economic law and “ the others. ” 1 We de fi ne “ the others ” as the most vulnerable in contemporary societies to international economic law and the global economic processes that it sup-ports, those who face oppression, adverse distributional consequences, and broader challenges to their way of everyday life. Their views are traditionally not represented, or at least not well recognized, within international economic law regimes. The symposium examines the struggle of “ the others ” and the movements that purport to represent them, to advance their interests and perspectives on international economic law, and potentially reshape regimes at a time of severe challenge, if not crisis, for international economic law. Traditionally, international economic law scholarship has not explored the role of those marginalized and less represented in formal processes, referenced as the “ subaltern ” in critical theory. 2 At times, these others are described as the losers in the global economy, but they are rarely represented as the protagonists of alternative forms of transnational legal ordering of the economy, who bring their own histories, experiences, and knowledges to the discussion. 3 Although international economic law may remain silent about these knowledges and movements, they interact with existing institutions, at times in unexpected ways. They may also develop creative solutions to some of the most pressing planetary problems — from gaping inequality that threatens to erode social peace and democratic governance, to ecological devastation and the existential threat of climate change. This introductory essay outlines how conventional international economic law scholarship has addressed core issues implicating “ the others. ” We contrast these conceptions with a view from those on the periphery — whether they live in low-, middle-, or high-income countries. The ensuing essays address the views of peasants, environmental activists, workers, and historically disfavored racial groups, who vary and diverge in their organizational capacities and abilities to speak for “ the other. ”","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"90 - 95"},"PeriodicalIF":0.0,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41711466","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":"Human Rights Principles for Trade","authors":"Michael Fakhri","doi":"10.1017/aju.2022.16","DOIUrl":"https://doi.org/10.1017/aju.2022.16","url":null,"abstract":"Most trade scholars treat agriculture as a commodity, and in a sense, agriculture workers and their technological replacements as commodities as well. From a food sovereignty perspective, however, agriculture is part of a food system and what is at stake in trade law is people's way of life. Peasants' and Indigenous peoples’ (and workers’) resistance against the World Trade Organization (WTO) has been an existential struggle. Most trade law scholars, with notable exceptions, have ignored social movements’ demands, including their call to end the WTO. By in effect disregarding the costs and violence of the existing trade system against food producers, trade scholarship makes social movements’ language and political demands less cognizable in international law. In this essay, I provide some context and language that may encourage trade law scholars to engage with the food sovereignty movement. I first explain what is at stake in trade law for the food sovereignty movements. I then briefly describe the underlying three pillars supporting the Agreement on Agriculture, and highlight the limits of trade law. I conclude by offering three principles—dignity, self-sufficiency, and solidarity—that could open trade law to wider perspectives. These principles blur the line between trade and the right to food in order to ensure that neither one is dominant nor an “other.”","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"119 - 123"},"PeriodicalIF":0.0,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48534796","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":"Peasants as “Cosmopolitan Insurgents”","authors":"Tomaso Ferrando, Elizabeth Mpofu","doi":"10.1017/aju.2022.14","DOIUrl":"https://doi.org/10.1017/aju.2022.14","url":null,"abstract":"The lives of peasants are strongly interconnected with their territories, economies, and local institutions. At the same time, they have been historically defined by international processes and decisions that are taken elsewhere and affect their autonomy and identity. This is clearly the case when smallholders (that is, farmers who work small plots of land, mostly less than two hectares) are part of transnational food chains, but it is also true when their market is the local community: even when peasants do not grow global food commodities, they can be affected by the dynamics and continuous expansion of the transnational food system. Given the local impacts of international processes and regulatory frameworks, peasant organizations have increasingly organized translocally to participate in the international policy spaces, and try to subvert the legal structures that are shaping their lives and territories. This essay discusses those attempts by peasants to organize beyond their local realities to increase their political power and promote their vision of international economic law as a central piece in their long term strategy for recognition, food sovereignty, and consolidation of territorial and agroecological food systems. The essay provides a diagnosis of farmers’ silencing and exclusion by international economic law, presents the movement La Vía Campesina as a platform for translocal solidarity and multi-scalar engagement, and elaborates on peasants’ “cosmopolitan insurgence” and their promotion of food sovereignty as an alternative project for international economic law.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"96 - 100"},"PeriodicalIF":0.0,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42333583","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":"Environmental Justice Challenges to International Economic Ordering","authors":"J. Dehm","doi":"10.1017/aju.2022.15","DOIUrl":"https://doi.org/10.1017/aju.2022.15","url":null,"abstract":"The relationship between trade, investment, and environmental protection is complex, and environmental activists have engaged with international economic law in a wide variety of ways. Some environmental activists have sought to use trade systems as leverage to advance environmental protections aims, while others have been concerned about how international economic law constrains unilateral national environmental action. The dominant account of the harmonization of economic and environmental norms and the promotion of sustainable development through trade and investment is challenged by sobering statistics of ecological decline. In the face of intersecting ecological, economic, and social crises facing the global community, the often-marginalized critique developed by environmental justice activists of neoliberal globalization and the legal regimes that enable it is more urgent than ever. These perspectives and voices—which sometimes align with other environmental activists and sometimes directly oppose market-orientated environmental agendas—have been marginalized in the scholarship on international economic law, but offer an indispensable resource for imagining more equitable and ecologically just forms of global economic cooperation. This essay shows how environmental justice activists have enacted a powerful politics of refusal, resisting international economic law as well as articulating visions of how to achieve systemic change and sustainable societies based on environmental, social, economic, and gender justice and peoples’ sovereignty.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"101 - 106"},"PeriodicalIF":0.0,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49451150","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":"International Economic Law and Racialized “Others”","authors":"Chantal Thomas","doi":"10.1017/aju.2022.12","DOIUrl":"https://doi.org/10.1017/aju.2022.12","url":null,"abstract":"This essay seeks to show how racialized histories of global political economy have shaped core issues in international economic law. The essay begins by noting challenges to framing the topic of racialized “others,” and then turns to the case study of cotton, showing how U.S. domestic production subsidies—long a focal point of international trade law in both formal dispute settlement and agreement negotiations—have affected persons of African heritage in the United States and internationally. The essay concludes by considering the U.S. and international contexts more generally, both to demonstrate where integral structural biases are at play, and to locate areas of contingency and change.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"113 - 118"},"PeriodicalIF":0.0,"publicationDate":"2022-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41746397","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}