Cambridge International Law Journal最新文献_第8页

Reflections on a decade of change in international environmental law 对国际环境法十年变化的反思

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.01

L. Rajamani, J. Peel

引用次数: 2

Suspension of the Intermediate-Range Nuclear Forces Treaty prior to its withdrawal: the content of custom 《中程核力量条约》在退出前暂停执行：惯例的内容

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.07

Kazuki Hagiwara

{"title":"Suspension of the Intermediate-Range Nuclear Forces Treaty prior to its withdrawal: the content of custom","authors":"Kazuki Hagiwara","doi":"10.4337/cilj.2021.01.07","DOIUrl":"https://doi.org/10.4337/cilj.2021.01.07","url":null,"abstract":"The United States suspended the Intermediate-Range Nuclear Forces Treaty (INF Treaty) ‘in accordance with customary international law’. However, State practice prior to the International Law Commission's codification of the law of treaties did not contribute to clarifying the extent of a right to suspend and the proper conditions for its exercise under customary international law. The few instances regarding suspension due to a serious breach did not demonstrate how the treaties in question were suspended but were a mere reference to a right of suspension in diplomatic or political documents. Against that backdrop, this article seeks to delineate what customary rules the United States believed it was observing and to clarify to what extent those rules are identical to or different from the codified rules on suspension in the Vienna Convention on the Law of Treaties (Convention). Because the codified procedural safeguards or the mechanism of acquiescence under Article 65 of the Convention were considered as the progressive development of international law, it appears possible to suspend the INF Treaty unilaterally outside the Convention and under the customary rules by which the United States is bound. The INF Treaty was suspended by the United States and by Russia in sequence. That Russian suspension appears to have been an exceptio non adimpleti contractus to prevent the asymmetric execution of the INF Treaty that had been previously suspended by the United States.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46178310","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

Impacts of the interpretative interaction between international human rights law and the Refugee Convention 国际人权法与《难民公约》之间解释相互作用的影响

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.05

Spyridoula Katsoni

引用次数: 0

The proportionality of provisional measures in ICSID arbitration ICSID仲裁中临时措施的相称性

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.06

Jefferi Hamzah Sendut

{"title":"The proportionality of provisional measures in ICSID arbitration","authors":"Jefferi Hamzah Sendut","doi":"10.4337/cilj.2021.01.06","DOIUrl":"https://doi.org/10.4337/cilj.2021.01.06","url":null,"abstract":"International Centre for the Settlement of Investment Disputes (ICSID) tribunals increasingly regard proportionality as a requirement for the indication of provisional measures. While proportionality's relevance to the application of substantive investment protection standards has received significant scholarly attention, less discussed is proportionality's potential impact in the provisional measures context. In light of proposals raised in the ongoing ICSID Rules Amendment Project to codify a requirement of proportionality for provisional measures, this article analyses how proportionality might be used to address State concerns regarding the effect of provisional measures on their sovereign prerogatives. It argues that the proportionality requirement's codification could meaningfully alter the approach of ICSID tribunals to provisional measures in a way which is valuable to States, but which remains fair to investors. To do so, this article outlines specifically what is meant by the ‘proportionality requirement’ in the context of the ICSID provisional measures framework, as well as the concerns which have animated State comments regarding its proposed codification in the ICSID Rules (Section 2). This article then contends that the proposed codification has the potential to meet State concerns at little cost to investors (Section 3). In order to illustrate the point, ICSID tribunals’ treatment of requests for the suspension of domestic tax enforcement is contrasted against their treatment of requests for the suspension of criminal investigations or proceedings.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45173541","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 2018 Fisheries White Paper, the Fisheries Act 2020 and their international legal dimension 《2018年渔业白皮书》、《2020年渔业法》及其国际法律层面

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.04

Andrew Serdy

引用次数: 0

The ICC's Al Bashir jurisprudence over the last decade: enforcer of the will of States Parties or of a global jus puniendi? 国际刑事法院过去十年的巴希尔判例：缔约国意愿的执行者还是全球法律的执行者？

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Cambridge International Law Journal Pub Date : 2021-06-01 DOI: 10.4337/cilj.2021.01.03

Florian Held

{"title":"The ICC's Al Bashir jurisprudence over the last decade: enforcer of the will of States Parties or of a global jus puniendi?","authors":"Florian Held","doi":"10.4337/cilj.2021.01.03","DOIUrl":"https://doi.org/10.4337/cilj.2021.01.03","url":null,"abstract":"Over the course of the past decade, the question of whether States Parties to the International Criminal Court (ICC) could rely on Al Bashir's Head of State immunity when refusing to execute the Court's arrest warrants has occupied the Court through five different cases, finally reaching an Appeals Chamber decision in May 2019. Although Al Bashir has been deposed from power and the controversy around the case has diminished, there are still valuable lessons to be learned from the case law produced. This article poses the question of what kind of court the ICC really is: is it merely enforcing the will of its States Parties or does it develop an independent existence following its own agenda? In the process, the article will shine a light on how the Appeals Chamber is moving the ICC towards a path of judicial independence: it is willing to stretch the limits of the Rome Statute and to possibly disregard the interests of its States Parties. By pronouncing on the absence of a customary rule of Head of State immunity before international courts, the Appeals Chamber aims to broaden the ICC's jurisdiction and to sharpen its profile as an international court acting on behalf of the international community and enforcing a global jus puniendi. Examining the decade of Al Bashir jurisprudence, it becomes clear where these findings originate and why they were by no means unavoidable. Finally, the article will indicate how the distilled features of the Court's character might be put to the test – or how the result of a decade of case law will silently evaporate.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46042659","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

Nonsymmetric Operads in Combinatorics 组合学中的非对称操作

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Cambridge International Law Journal Pub Date : 2021-04-26 DOI: 10.1007/978-3-030-02074-3

Samuele Giraudo

引用次数: 14

International Environmental Law 国际环境法

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Cambridge International Law Journal Pub Date : 2021-02-22 DOI: 10.1017/9781108774802.017

M. Sarwar

引用次数: 0

Global human capital or cash cows? Redressing the uncertain status of internationally mobile students under international law* 全球人力资本还是摇钱树?根据国际法纠正国际流动学生的不确定地位*

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Cambridge International Law Journal Pub Date : 2021-01-01 DOI: 10.4337/cilj.2021.02.03

M. Crock, Z. Nutter

{"title":"Global human capital or cash cows? Redressing the uncertain status of internationally mobile students under international law*","authors":"M. Crock, Z. Nutter","doi":"10.4337/cilj.2021.02.03","DOIUrl":"https://doi.org/10.4337/cilj.2021.02.03","url":null,"abstract":"As the COVID-19 pandemic spread around the globe, many millions of students found them-selves trapped in foreign countries, far from home, with situations degenerating quickly. Despite the significant contribution these students make to the gross domestic product of host countries through student fees and participation in local labour markets, these temporary migrants were often excluded from any significant government supports. The plight of these (predominantly young) foreign scholars and trainees begs the question of the role international law does or should play in ensuring their security and wellbeing in disaster settings. This paper critically examines the protective reach for students of existing civil and human rights instruments, including conventions by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Labour Organization (ILO). In identifying gaps and unmet needs in the legal regimes, its aim is to open discussion about the value of creating binding standards to address the unique needs and predicaments of foreign students. Just as many of the world’s most significant international instruments were created in response to global conflicts and disasters, the authors argue that COVID-19 presents the world with a real opportunity to reflect meaningfully on who has been left behind in the struggle to survive this truly global disaster. Internationally mobile students are particularly worthy of consideration because of the human capital they represent. © 2021 The Author.","PeriodicalId":42994,"journal":{"name":"Cambridge International Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70718109","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

Full accessThe International Law Commission’s Draft Articles on Transboundary Aquifers: striking the appropriate balance between sovereignty and international cooperation 国际法委员会关于跨界含水层的条款草案:在主权和国际合作之间取得适当平衡

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Cambridge International Law Journal Pub Date : 2021-01-01 DOI: 10.4337/cilj.2021.02.04

引用次数: 0