International Community Law Review最新文献

{"title":"Failing Forward","authors":"Roojin Habibi, Timothy Fish Hodgson, Steven J. Hoffman","doi":"10.1163/18719732-bja10080","DOIUrl":"https://doi.org/10.1163/18719732-bja10080","url":null,"abstract":"Despite the pandemic’s widespread and transnational impact on human rights, both solidarity and human rights have been side-lined in key intergovernmental discussions on global health law reform to date, while conversations about the development of international human rights law seldom consider global health law’s import to the field. This article argues that in spite of states’ apparent reluctance to reconcile and harmonise global health law and international human rights law for fairer and more effective public health emergency preparedness and response, international law experts and practitioners are well-placed to indirectly influence normative development in this direction, drawing on their past successes in clarifying and elaborating upon informal international legal standards. Merging strengths from existing legal frameworks of global health law and international human rights law, such expert standard setting efforts can help reimagine a “progressively harmonised” framework of legal regimes for public health emergency preparedness and response.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"14 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542086","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}

{"title":"Immunities and Criminal Proceedings","authors":"E. Ruozzi","doi":"10.1163/18719732-bja10078","DOIUrl":"https://doi.org/10.1163/18719732-bja10078","url":null,"abstract":"\u0000When delivering its final judgment in the Immunities and Criminal Proceedings case, the ICJ was faced with a complex situation. The case involved the launch of criminal proceedings against a foreign high-ranking official along with the resulting measures of attachment imposed on embassy premises. While the most controversial aspect probably lay in the ability to determine those persons vested with immunity ratione personae, the dispute also raised issues of diplomatic law, which actually became the predominant questions at stake in the case. The aim of the article is to provide an overall discussion of the dispute, focusing on some specific aspects of the Court’s reasoning. Specifically, it will consider how the interplay among the identification of the facts of the case, the role assigned to customary law and the approach taken by the Court to treaty interpretation can shape the evolution of and outcome to a dispute.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"28 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81305722","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}

{"title":"Epidemics and the Future Developments of International Law","authors":"S. Negri","doi":"10.1163/18719732-bja10084","DOIUrl":"https://doi.org/10.1163/18719732-bja10084","url":null,"abstract":"","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"3 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81832698","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}

{"title":"Epidemics and the Future of International Disaster Law","authors":"G. Bartolini","doi":"10.1163/18719732-bja10082","DOIUrl":"https://doi.org/10.1163/18719732-bja10082","url":null,"abstract":"\u0000This paper explores the relationship between epidemics and International Disaster Law. In particular the paper addresses some selective examples of legal and operational issues pertaining to International Disaster Law where the increasing concern on health emergencies, dated back to the Ebola crisis, have progressively facilitated the management of tailored initiatives. In particular, in relation to prevention and preparedness, challenges experienced to include biological hazards in universal disaster risk reduction frameworks will be introduced, as well as the dedicated attention to preparedness for epidemics progressively experienced in international coordination disaster management systems. In relation to post-hazard phases, some initiatives aimed at facilitating international relief operations in front of epidemics will be explored, as complemented by international financial instruments factoring epidemics in assistance programs. This overview might thus permit to assess some trends in this area, paving the way for potential further reforms eventually based on developments already introduced in the framework of the COVID-19 pandemic.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"83 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89435096","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}

{"title":"Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard, and Due Diligence, written by Caroline E. Foster","authors":"C. Ragni","doi":"10.1163/18719732-bja10083","DOIUrl":"https://doi.org/10.1163/18719732-bja10083","url":null,"abstract":"","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"23 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74786624","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}

{"title":"Medical Countermeasures for Pandemic Response and Intellectual Property Rights","authors":"Pedro A. Villarreal, Giorgia Renne","doi":"10.1163/18719732-bja10081","DOIUrl":"https://doi.org/10.1163/18719732-bja10081","url":null,"abstract":"\u0000The current article addresses the question of whether and under which circumstances access to medical countermeasures against pandemics, such as COVID-19, may constitute a community interest under international law. First, the intertwined concepts of global public goods and community interests are fleshed out. Second, the analysis expounds whether the protection against pandemics, including immunization, can be framed as a community interest, and which obligations would result. Third, the relationship between community interests and intellectual property rights as enshrined in international law is explored. Fourth, the conclusions try to reconcile the goals of international intellectual property rights and the protection against pandemics. Positive obligations to furnish medical countermeasures may not attain the consent of a sufficiently large number of states. Nevertheless, articulating the protection against pandemics as a community interest should entail obligations to refrain from resorting to international intellectual property law to impede developing patent-protected medical countermeasures in other countries.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"81 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79997774","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}

{"title":"International Law-making on the Prevention and Control of Epidemics","authors":"S. Murase","doi":"10.1163/18719732-bja10079","DOIUrl":"https://doi.org/10.1163/18719732-bja10079","url":null,"abstract":"\u0000International law-making takes various forms. The UN General Assembly has a general mandate for new law-making, but it has not engaged in major treaty making for some time. The International Law Commission (ILC), charged with codification and progressive development of international law, has not in recent years dealt with topics that are relevant to the pressing need of the international community as a whole. In such an environment, it is remarkable that the Institut de Droit International (IDI), the 19th century type of an old institute, has embarked on the law-making activity on the critical issue of prevention and control of epidemics with the unusual sense of urgency, adopting in August 2021 a Resolution composed of 17 Draft Articles and Preamble. It is hoped that a comprehensive framework convention on epidemics will be elaborated on the basis of this Resolution in the near future.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"13 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88571897","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}

{"title":"The Nexus between International Law and Science","authors":"Joseph Orangias","doi":"10.1163/18719732-bja10068","DOIUrl":"https://doi.org/10.1163/18719732-bja10068","url":null,"abstract":"\u0000 Limited legal analysis exists of how scientific expert bodies participate in multilateral treaty-making. This impedes effective collaboration between treaty-making and scientific expert bodies. This article analyses how scientific expert bodies (1) participate in multilateral treaty-making and (2) how they interface with treaty-making bodies. Based on an updated conceptual framework of the general multilateral treaty-making process, the makings of two treaties are studied: the Paris Agreement and the International Legally Binding Instrument on marine biodiversity in areas beyond national jurisdiction. In these case studies, scientific expert bodies had three integral roles: preparing evidence for treaty-making bodies, scientifically advising these bodies and directly exchanging with them. When scientific bodies directly exchanged with treaty-making bodies, they interfaced through intergovernmental body sessions or dialogical events. In conclusion, this study provides evidence of the nexus between international law and science for improved multilateral treaty-making.","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73674787","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}

{"title":"The Role of the OECD Guidelines for Multinational Enterprises and the National Contact Points in Shaping the Future of Corporate Accountability","authors":"Patrick Simon Perillo","doi":"10.1163/18719732-bja10071","DOIUrl":"https://doi.org/10.1163/18719732-bja10071","url":null,"abstract":"<p>The <span style=\"font-variant: small-caps;\">OECD</span> Guidelines for Multinational Enterprises (<span style=\"font-variant: small-caps;\">OECD</span> Guidelines) are one of the few measures that were successfully realised on the international plane in the decades-long pursuit of corporate accountability. For 20 years, the <span style=\"font-variant: small-caps;\">OECD</span> Guidelines and their non-judicial grievance mechanism, the National Contact Point (<span style=\"font-variant: small-caps;\">NCP</span>), have been continuously resorted to by victims and advocates in holding businesses to account for various abuses and misbehaviours. Interestingly, <span style=\"font-variant: small-caps;\">NCP</span> cases (specific instances) have only steadily increased through the years despite the challenges, limitations and criticisms that the mechanism has been confronted with. And more states continue to adhere to the Guidelines, <span style=\"font-variant: small-caps;\">OECD</span> members and non-members alike, and bind themselves to the obligation of establishing an <span style=\"font-variant: small-caps;\">NCP</span> within their territory. Such mechanism accordingly remains relevant, valuable and indispensable. This article seeks to revisit and examine the <span style=\"font-variant: small-caps;\">OECD</span> Guidelines and the <span style=\"font-variant: small-caps;\">NCP</span>s in light of the two United Nations (UN) pathways initiated by the UN Human Rights Council: the UN Guiding Principles on Business and Human Rights (<span style=\"font-variant: small-caps;\">UNGP</span>) and the elaboration of a potential treaty on business and human rights (<span style=\"font-variant: small-caps;\">BHR</span>). It will identify and evaluate three important features that make the mechanism unique vis-à-vis other <span style=\"font-variant: small-caps;\">BHR</span> mechanisms. The article will focus its analysis and discussion on how these features are able to or can meaningfully contribute to the UN pathways, as well as how they could be harnessed to improve existing propositions and drafts leading to the desired legally binding instrument. It will also identify some of the mechanism’s shortcomings, and understand some of the points made in this regard. Finally, it will conclude with recommendations on how the mechanism could be improved and how these features could assist in shaping the future of corporate accountability.</p>","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"89 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531573","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}

{"title":"A True CSR through Codes of Conduct? The Need for a Source-Based Approach to Find Criteria for Accountability for the Activity of Multinationals","authors":"Maria del Sagrario Navarro Lérida, Lorena Sales Pallarés","doi":"10.1163/18719732-12341486","DOIUrl":"https://doi.org/10.1163/18719732-12341486","url":null,"abstract":"<p>The work addresses the paradigm shift of Codes of Conduct from non-binding standards to becoming the justification and basis for coercitive rules for the market and business currently in place. By reviewing different examples (such as the case of integrated corporate social responsibility reports, which have become a reporting obligation for non-financial information with high sanctions in cases of non-compliance with the most recent national and EU regulations) we proceed to understand the variation in the role of Codes of Conduct as a source of obligations involving corporate social responsibility.</p>","PeriodicalId":43487,"journal":{"name":"International Community Law Review","volume":"45 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138531583","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}