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International Community Law Review最新文献

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La Denonciation des Traites Techniques et Politique, edited by Florian Couveinhes Matsumoto and Raphaelle Nollez-Goldbach 《技术和政治论文的谴责》，弗洛里安·库维内斯·松本和拉斐尔·诺尔斯-哥德巴赫编辑
IF 0.7
International Community Law Review Pub Date : 2022-10-27 DOI: 10.1163/18719732-bja10094
Malgosia Fitzmaurice
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引用次数: 0
Bordering Asylum in Post-Brexit Britain 英国脱欧后的边境庇护
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10087
Andrew Pitt
{"title":"Bordering Asylum in Post-Brexit Britain","authors":"Andrew Pitt","doi":"10.1163/18719732-bja10087","DOIUrl":"https://doi.org/10.1163/18719732-bja10087","url":null,"abstract":"\u0000 This article considers UK government’s proposal to re-introduce an accelerated appeals system for detained asylum seekers through resort to legislation. Previously, a similar system, the ‘Detained Fast Track’, was ruled unlawful largely on the basis that it lacked procedural fairness, a core tenet of the rule of law. This article examines the interplay between the rule of law and international human rights law. It adopts a formal notion of the rule of law to assess its effectiveness in protecting asylum seeker’s rights, as a sub-group of ‘unwanted migrants’. This is applied to a case study of the previous system and legal challenges to it to explore the deficiency of legality of the system and the effectiveness of judicial review. Three stages of the previous system are examined, its inception, its survival of early legal challenges and its eventual demise to expose the marginalisation of international human rights safeguards.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"47 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86310141","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
Does the UK Home Office Care about the Rule of Law? 英国内政部关心法治吗?
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10088
S. York
{"title":"Does the UK Home Office Care about the Rule of Law?","authors":"S. York","doi":"10.1163/18719732-bja10088","DOIUrl":"https://doi.org/10.1163/18719732-bja10088","url":null,"abstract":"The instrumentalisation of law for the purposes of creating a ‘hostile environment’ and deterring ‘unwanted migration’ is particularly visible in the UK. The new Nationality and Borders Act 2022 contains proposals on asylum which show a rejection of international law norms and conventions, without having had the political courage to put that rejection squarely to the public. That is not new. Right from the emergence of asylum as a political issue in the 1980’s, the lukewarm official ‘welcome’ never quite hid the stance of disbelief which underlay the UK’s legal and procedural responses. A parallel process, beginning even earlier but accelerating from 2010 onwards, has taken place in UK domestic immigration law. New legislation, Immigration Rules, policies, application procedures and litigation practices show diminishing respect for rule of law principles. This article uses simple and hopefully uncontroversial definitions of international law norms and accepted common law rule of law principles against which to analyse and critique key aspects of UK immigration control. It concludes that UK policies and practice have over time displayed an increasing hostility to those norms and principles, resorting to ignorant and even brazen indifference to facts, evidence, and analysis, and widening the gap between domestic and international law in important respects.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"6 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86843713","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
European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme 欧洲对基于厄立特里亚军事/国家服务方案的保护要求的不同做法
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10089
Sara Palacios-Arapiles
{"title":"European Divergent Approaches to Protection Claims Based on the Eritrean Military/National Service Programme","authors":"Sara Palacios-Arapiles","doi":"10.1163/18719732-bja10089","DOIUrl":"https://doi.org/10.1163/18719732-bja10089","url":null,"abstract":"\u0000 Drawing on data from the United Kingdom, Sweden, Germany, and Switzerland, this article shows that during the process of interpreting the refugee definition and applying it to the context of the Military/National Service Programme (MNSP), the definition is subject to various interpretations and applications. As a result, the treatment of similarly situated Eritrean asylum applications differs from one country to another. The article illustrates that asylum courts from the selected jurisdictions sideline relevant factors that classify the MNSP as slavery by failing to engage normatively with the international law definition of slavery. The findings suggest that a defective incorporation of international legal instruments in the assessment of protection claims based on slavery contributes to conflicting interpretations and applications of the refugee definition and can unduly de-legitimise Eritrean applications for refugee status as ‘unwanted migrants’.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75474294","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 Road to the EU’s Accession to the ECHR 欧盟加入欧洲人权公约之路
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10090
Maria-Louiza Deftou
{"title":"The Road to the EU’s Accession to the ECHR","authors":"Maria-Louiza Deftou","doi":"10.1163/18719732-bja10090","DOIUrl":"https://doi.org/10.1163/18719732-bja10090","url":null,"abstract":"\u0000 The dual European judicial protection of fundamental rights with the two Courts, namely the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), represents a multi-layered, yet dialectic, model of protection with no formal hierarchy between its components. In the aftermath of Opinion 2/13 and faced with uncontrolled ‘unwanted migration’ flows, the EU judicature defended the principle of mutual trust at any cost and appeared to prioritise the protection of the Dublin regime (the EU responsibility allocation mechanism for examining asylum applications) instead of addressing the novel human rights challenges facing the Common European Asylum System (CEAS). Yet, their interplay has entered a new era since the renegotiation of the EU’s accession to the ECHR launched. By analysing the case law of the two Courts, this article thinks anew their relationship to ascertain whether the evolution of the accession project, throughout the latest decade, has affected the protection offered to ‘unwanted migrants’ in Europe.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"47 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79477683","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
The UN Disability Rights Convention and EU Fundamental Rights 《联合国残疾人权利公约》和《欧盟基本权利公约》
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10091
Nicole Busuttil
{"title":"The UN Disability Rights Convention and EU Fundamental Rights","authors":"Nicole Busuttil","doi":"10.1163/18719732-bja10091","DOIUrl":"https://doi.org/10.1163/18719732-bja10091","url":null,"abstract":"\u0000 This article examines the role to be played by the UN Convention on the Rights of Persons with Disabilities (CRPD) in the protection of migrants with disabilities within the EU, in view of the apparent invisibility of this population within existing frameworks. It argues that the CRPD’s dual role as a core UN human rights treaty and an international agreement concluded by the EU, which occupies an “integral part” of the EU legal order, interacts with pre-existing (homegrown) sources of fundamental rights obligations within EU law to produce a ‘disability fundamental rights framework’. Accordingly, the CRPD’s substantive protection should act to determine the minimum standard of protection afforded to migrants with disabilities within the EU, without prejudicing the possibility of EU law offering more extensive protection. In so doing, this article demonstrates the emancipatory potential of a ‘disability fundamental rights framework’ vis-à-vis a specific category of (unwanted) migrants and which follows from a principled interpretation of the CRPD’s interaction with EU fundamental rights.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"9 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85060715","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 Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’ 国际法原则、刑事民粹主义和“不受欢迎的移民”的刑事化
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10092
Marta Minetti
{"title":"International Legal Principles, Penal Populism and Criminalisation of ‘Unwanted Migration’","authors":"Marta Minetti","doi":"10.1163/18719732-bja10092","DOIUrl":"https://doi.org/10.1163/18719732-bja10092","url":null,"abstract":"\u0000 The criminalisation of migration is one of the most explicit ways in which law generates, sustains, and even legitimizes hostility towards “unwanted migrants”. This article will take into examination the criminalisation of “unwanted migration” by the Italian authorities and its relation to internationally established legal principles in the area of human mobility, arguing that the expansion of penal populism constitutes a danger for the balance among them. The article starts with an analysis of human mobility in international law and the “protection through prosecution” paradigm to highlight an inherent harmony of the aims of the legal systems dealing with human mobility from the humanitarian and criminal law perspective. Section two scrutinises the Italian case and the populistic distortion of the provisions and principles entailed in the field of transnational criminal law to counter human mobility. Section three reconnects the national criminalisation of migration with the international legal dimension and argues that the misuse of the transnational organised crime framework ultimately legitimises the violation of human and refugee rights and contravenes key international law principles.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"7 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90222360","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 (Many) Rules and Roles of Law in the Regulation of “Unwanted Migration” 管制“不受欢迎的移民”的法律(许多)规则和作用
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-12341490
Violeta Moreno-Lax, N. Vavoula
{"title":"The (Many) Rules and Roles of Law in the Regulation of “Unwanted Migration”","authors":"Violeta Moreno-Lax, N. Vavoula","doi":"10.1163/18719732-12341490","DOIUrl":"https://doi.org/10.1163/18719732-12341490","url":null,"abstract":"","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"47 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87998724","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 Criminal Justice 国际刑事司法
IF 0.7
International Community Law Review Pub Date : 2022-08-08 DOI: 10.1163/18719732-bja10086
M. Adigun
{"title":"International Criminal Justice","authors":"M. Adigun","doi":"10.1163/18719732-bja10086","DOIUrl":"https://doi.org/10.1163/18719732-bja10086","url":null,"abstract":"\u0000 Some critics contend that the International Criminal Court (ICC) is selective in its approach to international criminal justice. Thus, they called for withdrawal from the Rome Statute. This call is reflective of Third World Approaches to International Law (TWAIL) to the extent that it constitutes a protest against unequal treatment of the Third World. But what is somewhat overlooked is that the ICC is a court of last resort and that state parties to the Rome Statute are required to prosecute unless they are unwilling or unable. This is called the principle of complementarity. This study therefore examines TWAIL and the Rome Statute complementarity principle within the context of international criminal justice. It finds that the ICC is too eager to intervene and that in the process the Third World is being used as a guinea pig even though selectivity cannot be unequivocally established. It argues that this is hegemonic. To obviate this situation, it is argued that Third World states can prosecute for one another through direct transfer of criminal jurisdiction or through an international organization to prosecute on their behalf. Whenever the ICC wants to intervene in respect of any crime that the state party concerned is required to prosecute, the state party will indicate that another state or an international organization to which it has transferred its jurisdiction is acting as its agent and that it is the one doing the prosecution as the principal. With this, the internal situation of Third World states would have changed as envisaged in the third objective of TWAIL and they will be able to operate within international criminal justice system without being at its receiving end.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"32 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76812358","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
Victims’ Right to Justice, Immunities and New Avenues for International Criminal Justice 受害者的司法权利、豁免和国际刑事司法的新途径
IF 0.7
International Community Law Review Pub Date : 2022-07-15 DOI: 10.1163/18719732-bja10085
Alexandre Skander Galand
{"title":"Victims’ Right to Justice, Immunities and New Avenues for International Criminal Justice","authors":"Alexandre Skander Galand","doi":"10.1163/18719732-bja10085","DOIUrl":"https://doi.org/10.1163/18719732-bja10085","url":null,"abstract":"\u0000On account of the immunities which foreign State officials enjoy under international law, universal jurisdiction trials fail to offer justice to victims of crimes orchestrated by State authorities. The ICC Appeals Chamber has affirmed that immunities are inapplicable before international courts as no customary rule providing immunities before international courts has taken shape. While plausible, a critical assessment should still be made of which features an international court should have to be genuinely distinguishable from domestic courts, and thereby not be concerned with immunities. In this paper, it is argued that, unlike domestic courts, certain international criminal courts may be expressly endorsed by the international community as organs which may restore peaceful relations between and among states – the very rationale underlying personal immunity – and, as such, provide victims with access to justice.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"29 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79273574","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
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