AJIL Unbound最新文献_第9页

“Clubbing in the Club”: Could Climate-Related Trade Arrangements Set the Pace for Future Climate Cooperation? “俱乐部里的俱乐部”：与气候相关的贸易安排能否为未来的气候合作奠定基础？

AJIL Unbound Pub Date : 2022-07-18 DOI: 10.1017/aju.2022.36

Makane Moïse Mbengue, Elena Cima

{"title":"“Clubbing in the Club”: Could Climate-Related Trade Arrangements Set the Pace for Future Climate Cooperation?","authors":"Makane Moïse Mbengue, Elena Cima","doi":"10.1017/aju.2022.36","DOIUrl":"https://doi.org/10.1017/aju.2022.36","url":null,"abstract":"The climate is changing, and so is climate diplomacy. Global treaties may be failing, while unilateral actions are proving to be contentious both within the climate and the trade regime. At the same time, countries need to be given the right incentives to participate in the fight against climate change and to start curbing their emissions substantially. The European Union's (EU) decision to introduce a Carbon Border Adjustment Mechanism (CBAM) and the momentum around carbon pricing may be the perfect opportunity to revisit these ideas in the form of clubs. What if small groups of countries got together and set the pace for a new era in climate diplomacy? What if they relied on trade measures to do so? Clubs are not new in international law, let alone in international climate law. Compared to global approaches, they may avoid freeriding; compared to unilateral ones, they may reduce the risk of trade frictions. And not all major emitters need to participate right away. As few as two parties could start a climate club, a sort of club within the club, gradually catalyzing or influencing action on climate change. In this essay, we argue that climate clubs enable like-minded countries to assume more ambitious commitments and gradually pull in other countries with them.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"219 - 224"},"PeriodicalIF":0.0,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48713446","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: 1

How WTO-Consistent Tools can Ensure the Decarbonization of Emission-Intensive Industrial Sectors 与世贸组织一致的工具如何确保排放密集型工业部门的脱碳

AJIL Unbound Pub Date : 2022-07-18 DOI: 10.1017/aju.2022.32

Chiara Galiffa, I. G. Bercero

引用次数: 0

Between Consent and Coherence: Incidental Questions in an Imperfect World 在同意与一致之间：不完美世界中的偶然问题

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.26

Payam Akhavan, Eirik Bjorge

引用次数: 0

Incidental Questions as a Gatekeeping Doctrine 作为把关原则的附带问题

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.27

M. Papadaki

引用次数: 0

Introduction to the Symposium on Incidental Jurisdiction 附带管辖权专题讨论会介绍

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.25

J. Devaney

引用次数: 0

Incidental Jurisdiction in Human Rights Litigation: Surprising Absence and Rival Techniques 人权诉讼中的附带管辖权：令人惊讶的缺席与竞争技巧

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.28

Lea Raible

{"title":"Incidental Jurisdiction in Human Rights Litigation: Surprising Absence and Rival Techniques","authors":"Lea Raible","doi":"10.1017/aju.2022.28","DOIUrl":"https://doi.org/10.1017/aju.2022.28","url":null,"abstract":"Human rights courts and bodies do not rely on the concept of incidental jurisdiction. As far as I am aware, they never have. Given that these courts and bodies are in many ways typical examples of international courts, this is at first glance surprising. However, a closer look suggests that human rights bodies employ rival techniques to tackle the same problem to which incidental jurisdiction is supposedly responding. This essay sets out, first, that there is nothing unique about the institutional set up of human rights courts and human rights bodies in international law that might explain the absence of incidental jurisdiction. Second, I offer a plausible reconstruction of this absence. I argue that it is not only a rational response to the particular demands of human rights litigation, but that it may even be normatively preferable. The tension between dispute settlement and state consent is modified and heightened in international human rights law; this justifies treating incidental questions with the weight usually attached to the main issues of a case by turning them into questions of treaty interpretation. Third, I illustrate these rival techniques in two areas: jurisdiction in international human rights law, and cases involving armed conflicts.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"116 1","pages":"176 - 180"},"PeriodicalIF":0.0,"publicationDate":"2022-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49006564","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

Incidental Jurisdiction in International Adjudication and Incidental Determinations by International Organizations 国际裁判中的附带管辖权与国际组织的附带裁定

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.30

Peter Tzeng

引用次数: 0

Incidental Jurisdiction in Investment Treaty Arbitration and the Question of Party Consent 投资条约仲裁中的附带管辖权与当事人同意问题

AJIL Unbound Pub Date : 2022-06-20 DOI: 10.1017/aju.2022.29

Relja Radović

引用次数: 0

Article 2(4) and Authoritarian International Law 第2(4)条和专制国际法

AJIL Unbound Pub Date : 2022-05-23 DOI: 10.1017/aju.2022.19

Tom Ginsburg

引用次数: 3

Online Propaganda, Censorship and Human Rights in Russia's War Against Reality 俄罗斯反现实战争中的网络宣传、审查和人权

AJIL Unbound Pub Date : 2022-05-23 DOI: 10.1017/aju.2022.24

D. Kaye

{"title":"Online Propaganda, Censorship and Human Rights in Russia's War Against Reality","authors":"D. Kaye","doi":"10.1017/aju.2022.24","DOIUrl":"https://doi.org/10.1017/aju.2022.24","url":null,"abstract":"Russia's invasion of Ukraine has exposed the capriciousness of state and corporate power over human rights online. Events since the invasion have demonstrated the coercive power of the state over online expression, privacy, and public protest. Russia's longtime “war against reality” has deepened in its repression and is dependent on the raw power of criminal law enforcement, surveillance by security forces, censorship by its media regulator, and legal and extralegal demands against internet platforms. Without drawing an equivalence, the European Union has imposed a comprehensive ban on Russian state-controlled media outlets, encouraged in part by the Ukrainian government, whose moral authority under the circumstances has been particularly strong. Notwithstanding state power over them, technology companies continue to be capable of causing or mitigating, if not preventing, human rights harms. Foreign companies and local partners have heroically maintained internet access in Ukraine and resisted Russian censorship and propaganda, the latter resulting in the blocking of key internet platforms by Russia. It is the latest chapter in the struggle among governments, companies, and individuals to control online space. But it is also an opportunity for reflection, for while the Kremlin has flouted its international obligations, governments and companies committed to human rights law cannot so behave. They should exercise their power over public space according to transparent rule of law standards of non-discrimination, legality, necessity, and legitimacy. A headlong rush to Russia-specific rules and enforcement, unmoored from public articulation of human rights standards, risks corroding the global normative framework for fundamental rights online.","PeriodicalId":36818,"journal":{"name":"AJIL Unbound","volume":"38 1","pages":"140 - 144"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56957983","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