AJIL Unbound最新文献_第5页

International Constitution-making as a Technique of Gender Ordering: Considering the Role of the Family in Global Economic Relations 作为一种性别排序技术的国际制宪——以家庭在全球经济关系中的作用为例

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.41

Michele Krech

{"title":"International Constitution-making as a Technique of Gender Ordering: Considering the Role of the Family in Global Economic Relations","authors":"Michele Krech","doi":"10.1017/aju.2023.41","DOIUrl":"https://doi.org/10.1017/aju.2023.41","url":null,"abstract":"In “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance,” Anna Saunders highlights that the study and practice of constitutionalism exhibit a reluctance to consider the relationship between national constitutions and international economic relations. She argues that the prevailing epistemic boundaries of constitutionalism—understood as a self-contained project, separate from projects of global economic ordering—have largely insulated it from critiques raised by scholars concerned with the material and distributive implications of reshaping the global legal order through the making and revising of constitutions. This essay takes up Saunders's call to de-insulate constitution-making as a technique of international law from such critique by pointing to the family as an institution that is central both to constitutional ordering and to economic ordering, and thus can help overcome the epistemic boundary between the two. To this end, the essay brings together various strands of critical thought that identify one particular family structure—the nuclear family—as an exploitative institution that has (re)produced structural inequality both within and between states. Described as the “original sin” of modern constitutionalism and as an essential “instrument of colonization,” the nuclear family model represents an apt entry point to reconceiving constitution-making as Saunders suggests—in a way “that both acknowledges the discipline's past collaboration with forms of dispossession and exploitation, and that actively reconsiders its future boundaries.”","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135106272","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

Introduction to the Symposium on 150 Years of the Institut de Droit International and the International Law Association: Cause for Celebration or Concern? 国际法学会与国际法协会成立150周年研讨会导言:值得庆祝还是值得关注?

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.32

Jeffrey L. Dunoff

引用次数: 0

The Institutionalization of International Law at a Crossroads: Pacifists, Jurists, and the Creation of the ILA and the IDI 十字路口的国际法制度化:和平主义者、法学家以及国际法研究所和国际发展研究所的创立

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.33

Xiaohang Chen

{"title":"The Institutionalization of International Law at a Crossroads: Pacifists, Jurists, and the Creation of the ILA and the IDI","authors":"Xiaohang Chen","doi":"10.1017/aju.2023.33","DOIUrl":"https://doi.org/10.1017/aju.2023.33","url":null,"abstract":"The International Law Association (ILA) and the Institut de Droit International (IDI) were both founded in 1873 at a critical juncture in the history of pacifism and internationalism, in the immediate aftermath of the 1870–1871 Franco-Prussian War and the 1872 British-American Alabama arbitration. Frustrated by the blatant violations of international rules during the war and then emboldened by the arbitral resolution of the protracted Alabama dispute between Britain and the United States, pacifists and international jurists joined forces to promote an ordered system of international law and advocate for legalized international dispute settlement. The aim was to marshal the scattered reformist forces of international law in furtherance of international legal reform—“international law needed to be institutionalized,” as Gerald Fitzmaurice put it. 1 This resulted in the almost simultaneous establishment of the pacifism-originated ILA and the legal-scientism-oriented IDI, and helped to explain the similarity in institutional telos and the high degree of overlap in membership between the two institutions in their early years. 2 Nevertheless, the ILA and the IDI differed in their working agendas and strategies. In terms of agendas, while the ILA tended to adopt an idealist view of international law hardly succumbing to compromises, the IDI mainly adhered to a scientifically pragmatic approach. With respect to strategies, the ILA sought social influence based on expansive membership, while the IDI's membership consisted of a limited number of international jurists. Despite changes over time, these organizational structures and distinctions between the two institutions at their founding moment are still visible.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357295","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

The False Promise of Constitutionalism 宪政的虚假承诺

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.44

Bojan Bugarič

{"title":"The False Promise of Constitutionalism","authors":"Bojan Bugarič","doi":"10.1017/aju.2023.44","DOIUrl":"https://doi.org/10.1017/aju.2023.44","url":null,"abstract":"Constitutional engineering is a complicated practice, and much less is known about the relationship between constitutionalism and democracy than many are willing to admit. A cursory look at the political science literature reveals that constitutional design has only a moderate to small impact on the stability of a democratic regime. This is not to suggest that constitutionalism is altogether irrelevant, but the findings of different social scientists suggest that we should be humbler and more realistic about the role of constitutionalism and institutions in fostering peace, democracy, and development. Anna Saunders's article, “Constitution-Making as a Technique of International Law: Reconsidering the Post-War Inheritance,” provides an important contribution to such a realistic reassessment of constitutionalism. Nevertheless, her critique of constitutional assistance needs to be developed further, examining the limitations of constitutional law in itself as a promoter of peace and democracy, rather than just the fact that material and economic questions are often neglected in international constitution-making. A key question is not so much whether and how to create a better constitutional design that would integrate economic and structural issues more openly, but, more fundamentally, whether traditional constitutional approaches are in fact appropriate for the promotion of peace, democracy, and development in post-conflict settings. In this essay, I argue for a democratic and experimentalist form of constitutionalism, which is often at odds with the core ideas of traditional constitutionalism, namely, rigidity and entrenchment.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135107715","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

Franz Neumann and Ernst Fraenkel on the Liberal Democratic Constitutional Project 弗朗茨·诺伊曼和恩斯特·弗伦克尔论自由民主宪政计划

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.45

David Dyzenhaus

{"title":"Franz Neumann and Ernst Fraenkel on the Liberal Democratic Constitutional Project","authors":"David Dyzenhaus","doi":"10.1017/aju.2023.45","DOIUrl":"https://doi.org/10.1017/aju.2023.45","url":null,"abstract":"I want to explore a tension in Anna Saunders's rich argument because it confronts much scholarship critical of what we can think of as the liberal democratic constitutional project (LDCP), and which has its roots in debates in the late nineteenth and early twentieth centuries sparked by the Marxist critique of capitalism. The tension is between the following two claims that she makes in her article, “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance.” First, LDCP focuses on the formal dimension of institutional design and thereby fails to pay attention to a significant dimension of a constitutional order: its material basis. In this case, the remedy might seem simple: “Pay attention!” The second claim, however, is that the formal structure of LDCP is formal in name only. It has its own material basis in the ideology of neoliberalism. If, then, one is concerned as Saunders is about a material basis that reproduces social inequality and economic exploitation, the remedy is to abandon LDCP. My exploration is through Saunders's attention to the divergent analyses of the Nazi state set out by Franz Neumann and Ernst Fraenkel in the 1930s as the launching pad for her investigation of the structure of thought that underpins LDCP and her suggestion that Fraenkel is responsible for the juridical turn in LDCP. I start with some biography, in part inspired by the way in which Saunders weaves the personal and the political into her narrative. It helps to show that the turn is not in itself problematic and, as I conclude, that material questions need to be posed and answered within the framework of a well-designed constitutional order.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135105425","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

The International Law Commission, the Institut, and States 国际法委员会、研究所和各国

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.38

Dire Tladi

{"title":"The International Law Commission, the Institut, and States","authors":"Dire Tladi","doi":"10.1017/aju.2023.38","DOIUrl":"https://doi.org/10.1017/aju.2023.38","url":null,"abstract":"Unlike the International Law Association (ILA) and the Institut de Droit International (the Institut), the International Law Commission (the Commission, or ILC) is not 150 years old. Established in 1948, the Commission is exactly half the age of the two codification bodies to which this Symposium is dedicated and is celebrating its seventy-fifth anniversary in 2023. 1 Like its older cousins, the Commission is charged with the codification and progressive development of international law. Among the many differences between the Commission and its older cousins, one that stands out and that provides the lens for this essay, is its close relationship to states. Although a comparison of both the ILA and the Institut with the younger, but apparently more “authoritative” body, the Commission, is worthwhile, 2 due to space limitations, I focus my comments on the Institut and the Commission. This essay will home in on the impact of the relationship of these two bodies with states and argues that this relationship affects, to some extent , the work of the relevant bodies, both in terms of what topics they may address and how they address them. This broad conclusion, which is necessarily limited by space considerations, is substantiated on the basis of the membership and outputs of the two bodies.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357803","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

The Institute of International Law and the Colonial Phenomenon 国际法和殖民现象研究所

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.35

Georges Abi-Saab

引用次数: 0

The (Not So Hidden) Elephant in the Room: Confronting International Constitution-Making's Eurocentric Gaze (不那么隐蔽的)房间里的大象:面对国际制宪的欧洲中心主义目光

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.40

Babatunde Fagbayibo

{"title":"The (Not So Hidden) Elephant in the Room: Confronting International Constitution-Making's Eurocentric Gaze","authors":"Babatunde Fagbayibo","doi":"10.1017/aju.2023.40","DOIUrl":"https://doi.org/10.1017/aju.2023.40","url":null,"abstract":"Anna Saunders's article, “Constitution-Making as a Technique of International Law: Reconsidering the Post-war Inheritance,” is an important addition to the literature that problematizes the idea of international constitution-making. At the heart of Saunders's critique of international constitution making—defined as the involvement of international institutions in national constitution-making processes—is the point that the parameters of what constitutes “local ownership” of the constitution-making process is detached from debates on rethinking neoliberal economic structures and material interests. As a result, constitutions in post-conflict societies fail to speak to the socio-economic realities of a people and, most importantly, diminish their agency to envision alternatives. Saunders offers a detailed historical account of why such failure, or what she refers to as “selective technicity,” has become standard practice, and then goes further to stress the imperative of reimagining the vocabulary of what constitutes “local ownership” in the context of meaningful societal transformation. In this essay, I extend Saunders's thesis to argue that if the international constitution-making process does not shed its Eurocentric gaze, we will be unable to proffer sustainable suggestions to make the process responsive to the realities of a people.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135104874","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

The Right to a Healthy Environment and Law's Hidden Subjects 健康环境权与法律的隐性主体

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.27

Louis J. Kotzé

{"title":"The Right to a Healthy Environment and Law's Hidden Subjects","authors":"Louis J. Kotzé","doi":"10.1017/aju.2023.27","DOIUrl":"https://doi.org/10.1017/aju.2023.27","url":null,"abstract":"In this essay I reflect upon whether and how the recent international recognition of the right to a healthy environment might––or might not––provide greater support for efforts to define and protect the rights of what one could term “law's hidden subjects,” namely future generations and nature. Although there are several examples of rights-based regimes that aim to protect future generations and nature, few would disagree that these hidden subjects require better legal protection, and that thoroughgoing reform of existing human rights law is overdue. I argue that the international recognition of a human right to a healthy environment might contribute less to such reforms than what one would have intuitively expected. One reason for this is because the formulation of the right does not provide anything new in terms of more comprehensive recognition and protection of rights of nature and future generations. Although it is an important symbolic event that signifies broad consensus on the importance of rights-based environmental protection, many domestic and regional legal regimes already protect future generations, while some even offer innovative rights of nature provisions. At best, UN General Assembly Resolution 76/300 merely reinforces the status quo ante.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135783684","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

Introduction to the Symposium on Anna Saunders, “Constitution-Making as a Technique of International Law: Reconsidering the Post-War Inheritance” 安娜·桑德斯“作为国际法技术的制宪:对战后继承权的再思考”研讨会导言

AJIL Unbound Pub Date : 2023-01-01 DOI: 10.1017/aju.2023.39

Gráinne de Búrca

引用次数: 0