ICL Journal-Vienna Journal on International Constitutional Law最新文献_第7页

Establishment of a Peace Regime on the Korean Peninsula: Definition, Process, and Cooperation 朝鲜半岛和平机制的建立:定义、进程与合作

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-12-01 DOI: 10.1515/icl-2019-0012

Jootaek Lee

{"title":"Establishment of a Peace Regime on the Korean Peninsula: Definition, Process, and Cooperation","authors":"Jootaek Lee","doi":"10.1515/icl-2019-0012","DOIUrl":"https://doi.org/10.1515/icl-2019-0012","url":null,"abstract":"Abstract Depending on how we define a peace regime, we can determine whether we have reached a peace regime on the Korean peninsula, or what and how we have to pursue to reach a peace regime. A new definition of a regime should not be too broad to admit the current balance of powers based on hegemonies and states’ patterns of behaviors, or too restrictive and formal to codify as a multi-national treaty; a simple peace treaty cannot cover everything a peace regime needs to have and reflect the complicated process of peace building, cooperation and tension-reduction. In this paper, I will attempt to find the most-realistic definition for a peace regime to provide an ultimate peace on the Korean peninsula. Further, I will think about how to reach the newly defined peace regime on the Korean peninsula and the obstacles to overcome to reach this peace regime, including: (1) Denuclearization; and (2) How a peace regime can be transnationally supported and peacefully digested and incorporated into the domestic level processes and norms, especially considering that reaching a regime reflecting national interests is a daunting task. Lastly, I will conclude with recommendations for states surrounding the Korean peninsula.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88299199","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

Teaching International Law in Jurisdictions with International Law Crisis 国际法危机下的国际法教学

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-10-01 DOI: 10.1515/icl-2019-0017

Noam Zamir, M. Kielsgard

{"title":"Teaching International Law in Jurisdictions with International Law Crisis","authors":"Noam Zamir, M. Kielsgard","doi":"10.1515/icl-2019-0017","DOIUrl":"https://doi.org/10.1515/icl-2019-0017","url":null,"abstract":"Abstract The normally challenging task of teaching international law is amplified when teaching international law in jurisdictions that face ongoing human rights problems and other failures of compliance with international law. In those jurisdictions, the dialectics between the globalized world economy and technology on the one hand and the intensification of hostility to human rights and substantive democracies (ie to the values of public international law) on the other hand are much more pronounced. Students will often resist international law and regard it as the ‘enemy of the state’ or a source of illegitimate foreign influence. The challenge of international law teachers in those jurisdictions is thus not only to teach international law but also to draw the students into – rather than alienate them from – thinking about their resistance to international law and about the relations between law, power and legitimacy. How to meet this and related challenges is the focus of this paper, which is based on the authors’ practical experiences of teaching international law in several jurisdictions with an international law crisis including Hong Kong, Israel, and the People’s Republic of China.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73616634","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

Frontmatter

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-10-01 DOI: 10.1515/icl-2019-frontmatter3

引用次数: 0

Grasping at Straws: Judicial Review of Legislation in Sri Lanka 抓住救命稻草:斯里兰卡立法的司法审查

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-10-01 DOI: 10.1515/icl-2019-0002

Danushka S. Medawatte

{"title":"Grasping at Straws: Judicial Review of Legislation in Sri Lanka","authors":"Danushka S. Medawatte","doi":"10.1515/icl-2019-0002","DOIUrl":"https://doi.org/10.1515/icl-2019-0002","url":null,"abstract":"Abstract In this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74105753","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

International Constitutional Law and Judicial Review of Domestic Human Rights Legislation 国际宪法与国内人权立法的司法审查

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-08-01 DOI: 10.1515/icl-2018-0064

Laura-Stella Enonchong

引用次数: 0

Frontmatter

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-08-01 DOI: 10.1515/icl-2019-frontmatter2

引用次数: 0

Urban Autonomy in South African Intergovernmental Relations Jurisprudence 南非政府间关系法学中的城市自治

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-08-01 DOI: 10.1515/icl-2018-0072

M. Pieterse

{"title":"Urban Autonomy in South African Intergovernmental Relations Jurisprudence","authors":"M. Pieterse","doi":"10.1515/icl-2018-0072","DOIUrl":"https://doi.org/10.1515/icl-2018-0072","url":null,"abstract":"Abstract The notion of urban autonomy is increasingly significant in a global era where city governments are playing an ever-growing role in development, as well as in domestic and international politics. While extending significantly beyond legal configurations of local government powers and functions, urban autonomy is importantly shaped, enabled and protected by constitutional and legal provisions. This is so especially where urban governance happens in a resource-strapped and often politically volatile environment. This article considers the extent to which formal constitutional structures, and their justiciability, enable and channel urban autonomy in the developing world, with a focus on the constitutionally ensconced powers and functional authority of cities in South Africa. Through an overview of relevant constitutional and statutory provisions and of court decisions upholding urban autonomy in intergovernmental disputes, the article illustrates that South African cities have been served well by a constitutional framework emphasising cooperative governance and developmental local government, as well as by the justiciable entrenchment of local government’s executive, legislative and administrative authority.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86401272","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: 5

Naturalisation in the Czech Republic – The Gap between the Citizen and the State 捷克共和国的入籍——公民与国家之间的鸿沟

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-08-01 DOI: 10.1515/icl-2018-0079

Pavel Kandalec

引用次数: 0

Indivisibility and Secession Clauses in Current Constitutions and the Prevalence of Secessionist Movements – Empirical Paper Series on Secession and Constitutionalism, Part 1 of 2 现行宪法中的不可分割性和分离条款以及分离主义运动的盛行-关于分离主义和宪政的实证系列论文，2集之一

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-08-01 DOI: 10.1515/icl-2018-0070

A. Beauséjour

{"title":"Indivisibility and Secession Clauses in Current Constitutions and the Prevalence of Secessionist Movements – Empirical Paper Series on Secession and Constitutionalism, Part 1 of 2","authors":"A. Beauséjour","doi":"10.1515/icl-2018-0070","DOIUrl":"https://doi.org/10.1515/icl-2018-0070","url":null,"abstract":"Abstract Split into two parts, the Empirical Paper Series on Secession and Constitutionalism explores the relationship between constitutionalism and secession. While the second part of the article will examine the constitutional arrangement towards secession that prevailed in the states that had a region secede since 1900, this first part discusses the relationship between indivisibility and secession clauses in current constitutions and the prevalence of secessionist movements worldwide. Virtually all consequentialist claims contained in existing scholarship concerning the relationship between constitutionalism and secession fall within either one of two doctrinal creeds. Whereas the Indivisibilist School asserts that indivisibility clauses best prevent secessionism and that secession clauses necessarily prompt this phenomenon, the Secessionist School maintains that prohibiting secession is counter-effective and that recognising it as a right can help defuse secessionism by avoiding confrontational tactics. These claims are assessed on the basis on the Cohesion Dataset, the first-ever census of all constitutional arrangements regarding secession currently operative throughout the world. Contrarily to what existing doctrinal claims would suggest, the relationship between these various constitutional arrangements and secessionism is not linear, but rather U-shaped: both indivisibility and secession clauses are significantly associated with more secessionist activity than average. It is in fact constitutions where secession is neither permitted nor prohibited that are correlated with the least secessionist activity.","PeriodicalId":41321,"journal":{"name":"ICL Journal-Vienna Journal on International Constitutional Law","volume":null,"pages":null},"PeriodicalIF":0.2,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88723821","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

Frontmatter

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ICL Journal-Vienna Journal on International Constitutional Law Pub Date : 2019-05-01 DOI: 10.1515/icl-2019-frontmatter1

引用次数: 0