JOURNAL OF CONFLICT & SECURITY LAW最新文献

The practice of non-recognition and economic sanctions: The case study of Ukraine, Manchuria and South Africa 不承认与经济制裁的实践:以乌克兰、满洲和南非为例

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-09-06 DOI: 10.1093/jcsl/krad012

Quoc Tan Trung Nguyen

{"title":"The practice of non-recognition and economic sanctions: The case study of Ukraine, Manchuria and South Africa","authors":"Quoc Tan Trung Nguyen","doi":"10.1093/jcsl/krad012","DOIUrl":"https://doi.org/10.1093/jcsl/krad012","url":null,"abstract":"\u0000 Russia’s invasion of Ukraine again proves the essential role of collective non-recognition against unlawful situations, despite contentious debates concerning the status of the principle of non-recognition in the international legal system. However, an old but unsettled question also resurfaces: How should we perceive the relationship between the practice of non-recognition and economic sanctions? Some scholars contend that the practice of non-recognition must entail economic punishments and isolation and be ‘as oppressive as possible’. For quite some time, the economic language has dominated as the only language that matters facing any unlawful situations. Unfortunately, this tendency also undermines a long history of innovative development of other forms of declaratory and institutional non-recognition. This article, by examining the current non-recognition campaign in the case of Ukraine, together with case studies of Manchuria and of the South African apartheid regime, endeavours to provide more perspectives concerning the relationship between non-recognition and economic sanctions. The article argues that, compared to other forms of non-recognition, economic sanctions have never been a reliable factor in demonstrating international attitudes and the legal beliefs of the international community.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43383132","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

Roadblocks to Disarmament in the Nuclear Non-Proliferation Treaty System 核不扩散条约体系中裁军的障碍

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-08-21 DOI: 10.1093/jcsl/krad011

A. Hood

{"title":"Roadblocks to Disarmament in the Nuclear Non-Proliferation Treaty System","authors":"A. Hood","doi":"10.1093/jcsl/krad011","DOIUrl":"https://doi.org/10.1093/jcsl/krad011","url":null,"abstract":"\u0000 For the last five decades, the states parties to the Nuclear Non-Proliferation Treaty (NPT) have come together every 5 years at Review Conferences to explore how they can advance the Treaty’s goals, including the pursuit of nuclear disarmament. Despite lengthy negotiations, the Review Conferences have failed to reach a consensus final document as many times as they have succeeded and even when a final document has been agreed it has contained few tangible gains for those working towards a nuclear weapon free world. This state of affairs played out again in 2022 when the NPT’s 10th Review Conference ended without agreement and with many states decrying the weakness of the disarmament provisions that had been under discussion. It has been common in the aftermath of Review Conferences for academics to consider the contemporary political issues that stymied progress. While such studies are important, it is also necessary to consider what deeper structural issues may be at play in preventing the goal of nuclear disarmament from being advanced in the NPT context. To this end, this article identifies and analyses three key structural issues with the NPT and NPT Review Conferences that create difficulties for those pursuing a nuclear disarmament agenda. First, it explores issues with the scope and content of Article VI and how it has been interpreted by the nuclear weapon states. Secondly, it looks at the difficulties that arise from the commitment to achieving consensus outcomes at the Review Conferences and, thirdly, it considers the limitations of who actually attends and contributes to Review Conferences.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47887992","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

Recent Developments in the National Implementation of Biological Weapons Convention: What Happened Since Resolution 1540? 各国执行生物武器公约的最新进展:自第1540号决议以来发生了什么?

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-07-25 DOI: 10.1093/jcsl/krad010

Barry de Vries

引用次数: 0

Why Prosecuting Aggression in Ukraine as a Crime Against Humanity Might Make Sense 为什么将在乌克兰的侵略行为作为反人类罪起诉可能有意义

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-07-20 DOI: 10.1093/jcsl/krad009

Frédéric Mégret

{"title":"Why Prosecuting Aggression in Ukraine as a Crime Against Humanity Might Make Sense","authors":"Frédéric Mégret","doi":"10.1093/jcsl/krad009","DOIUrl":"https://doi.org/10.1093/jcsl/krad009","url":null,"abstract":"\u0000 The idea that aggression can and maybe should be prosecuted in some instances as a crime against humanity is a marginal one that has nonetheless been floated for a while. This article revisits the idea in the context of efforts to prosecute the leaders of the Russian aggression in Ukraine. It argues that the case that aggression is a crime against humanity has been framed along excessively reductionist lines focusing on ‘other inhumane acts’ as a predicate offence. Instead, the article suggests that there can be a deep overlap between the notion of an armed attack against a state as defining aggression, and the notion of a ‘widespread or systematic attack against a civilian population’ as the chapeau of crimes against humanity. Working at this intersection, it is suggested, makes sense of the special place of aggression as an offence generative of many others, as well as the particular sovereign deliberateness involved in launching an attack. The article explores some of the concerns that such a prosecution might trigger, including that it misses the opportunity to prosecute aggression as such, is in bad faith, or does not cover significant portions of what is rightly considered wrong about aggression. The article concludes in favor of an imaginative take on the substantive law resources that are there rather than the search for new jurisdictional solutions.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47821340","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

From Theory to Reality: A Definition for the Termination of Non-International Armed Conflicts 从理论到现实:终结非国际性武装冲突的定义

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-05-10 DOI: 10.1093/jcsl/krad008

Stefan Robert McClean

引用次数: 0

Taking Stock: Assessing the Current Status and Evolution of the United Nations Security Council’s Legislative Resolutions 评估：评估联合国安理会立法决议的现状和演变

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-05-04 DOI: 10.1093/jcsl/krad006

Daniele Musmeci

{"title":"Taking Stock: Assessing the Current Status and Evolution of the United Nations Security Council’s Legislative Resolutions","authors":"Daniele Musmeci","doi":"10.1093/jcsl/krad006","DOIUrl":"https://doi.org/10.1093/jcsl/krad006","url":null,"abstract":"\u0000 The present essay intends to provide for an in-depth analysis concerning the enactment of new legislative resolutions by the UN Security Council with a view to dealing with foreign terrorist fighters and Islamic State of Iraq and the Levant as well. It will be argued that, instead of voicing unweavering concerns about the Council’s increasing tendency to resort to this specific tool, UN Member States have widely welcomed these resolutions, deeming them necessary and proportionate response to urgent threats faced by the International Community as a whole. Accordingly, this has generated a clear distinction between the previous legislative resolutions and the recent ones. As a result, by dwelling more specifically on States’ utterances made during the meetings devoted to discuss these new general resolutions, it is argued that such resolutions are to be looked upon as subsequent practice pursuant to Article 31, paragraph 3(b) of 1969 Vienna Convention on the Law of Treaties (VCLT), which means that they are relevant in order to interpret Article 41 of the UN Charter. Ultimately, and based on the assumption that States are now more inclined to accept general obligations in the counter-terrorism’s domain, the manuscript addresses the topic of how the UN Security Council should legislate in order to secure the widest acceptance possible and be in accordance with several International Law’s requirements.","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47992281","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 Imperative of Prosecuting Crimes of Aggression Committed against Ukraine 起诉侵略乌克兰罪行的必要性

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-03-20 DOI: 10.1093/jcsl/krad004

C. McDougall

{"title":"The Imperative of Prosecuting Crimes of Aggression Committed against Ukraine","authors":"C. McDougall","doi":"10.1093/jcsl/krad004","DOIUrl":"https://doi.org/10.1093/jcsl/krad004","url":null,"abstract":"\u0000 As a result of Russia’s invasion of Ukraine in February 2022, we are sitting at a crossroads where one path further weakens the prohibition of the use of force and another helps restore its integrity. In this context, this article argues it is imperative that we take all available steps to reinforce the prohibition, and that holding President Putin to account for the crime of aggression holds the key in this regard. The article explains why it is necessary to establish an ad hoc international tribunal to prosecute crimes of aggression committed against Ukraine given the International Criminal Court lacks jurisdiction over any crime of aggression involving a State not party to the Rome Statute, the impossibility of amending the Statute in this instance, and the impediments that will stand in the way of a successful domestic prosecution of the crime of aggression, including immunities enjoyed by those most responsible. Finally, the article addresses the principal objections to the proposed tribunal including its cost (which is overstated and pales in comparison to the mounting cost of the ongoing conflict); its supposed redundancy given efforts to prosecute other serious international crimes committed in Ukraine (which undersells the challenge of holding leaders to account and discounts the value of separately prosecuting aggression); and the concern that the tribunal would represent selective justice (which overlooks the fact that a prosecution of the leaders of one of the world’s most powerful States would help end, rather than exacerbate, international criminal justice’s selectivity problem).","PeriodicalId":43908,"journal":{"name":"JOURNAL OF CONFLICT & SECURITY LAW","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47493118","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 Changing Significance of Nationality for the Protection of Civilians in the Hands of a Party to an International Armed Conflict 国籍对于保护国际武装冲突一方手中的平民的变化意义

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-03-09 DOI: 10.1093/jcsl/krad005

Sarina Landefeld

引用次数: 0

Alexander Gilder, Stabilization and Human Security in UN Peace Operations 亚历山大·吉尔德，联合国和平行动中的稳定与人类安全

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2023-01-30 DOI: 10.1093/jcsl/krad001

M. Longobardo

引用次数: 0

Correction to: Overlap Between Complicity and Positive Obligations: What Advantages in Resorting to Positive Obligations in Case of Partnered Operations? 更正:共谋和积极义务之间的重叠:在合作经营的情况下，诉诸积极义务有什么好处?

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JOURNAL OF CONFLICT & SECURITY LAW Pub Date : 2022-11-08 DOI: 10.1093/jcsl/krac034

引用次数: 0