Utrecht Law Review最新文献

{"title":"Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum?","authors":"P. Minderhoud","doi":"10.36633/ulr.749","DOIUrl":"https://doi.org/10.36633/ulr.749","url":null,"abstract":"","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668458","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 Erosion of Borderless Norden? Practices and Discourses on Nordic Border Restrictions in Finland and Sweden during the Covid-19 Pandemic","authors":"Saila Heinikoski, Tatu Hyttinen","doi":"10.36633/ulr.747","DOIUrl":"https://doi.org/10.36633/ulr.747","url":null,"abstract":"Nordic countries are part of the borderless Schengen Area, but free movement in the Nordic countries, or Norden, dates back even further: no border controls or restrictions on workers' movements have existed since the entry into force of the Nordic labour market and passport union in 1958. This article outlines how Finland and its neighbour Sweden, the only Nordic country to keep borders open for Finland in 2020, approached closed borders in Norden during the Covid-19 pandemic, when free movement of Nordic citizens was suspended for the first time in almost 70 years, to be restored only in summer 2021. The article examines the Finnish and Swedish border practices and political debates. Parliamentary discourses are analysed from the perspective of two ideal types of argumentation, namely utilitarian and deontological, arguing that the suspension of free movement leaves long-lasting scars in the trust of both politicians and citizens in interaction across borders.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668929","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":"UN Peace Operations and the Role of the Local in (Re)Building the Rule of Law","authors":"Alexander Gilder","doi":"10.36633/ulr.649","DOIUrl":"https://doi.org/10.36633/ulr.649","url":null,"abstract":"UN peace operations undertake a broad array of rule of law activities aiming to rebuild the justice system and end impunity. Rule of law activities in UN peace operations have matured over the last 20 years since the UN experiments with statebuilding in Kosovo and East Timor. Today, rule of law activities can often clearly be seen to advance the broader goal of establishing the host state as the legitimate authority. This paper first discusses the UN’s understanding of the rule of law and why the UN has chosen to underpin its peacebuilding agenda with ending impunity. Second, transitional justice in MINUSCA is discussed including the establishment of the Special Criminal Court. Third, UNMISS is investigated where the UN had an unprecedented challenge of ensuring the rule of law on protection of civilian sites. Lastly, the promise of local justice is assessed. It is suggested that while ending impunity and strengthening formal institutions can be important to ensure human rights violations do not persist, there needs to be an overarching, bottom-up strategy in place to engage and empower local communities, and other civil actors, to be part of the rule of law process.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69666111","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 Rule of Law from Below – A Concept Under Development","authors":"A. Buyse, Katharine Fortin, B. M. Leyh, J. Fraser","doi":"10.36633/ulr.771","DOIUrl":"https://doi.org/10.36633/ulr.771","url":null,"abstract":"The rule of law is a central notion in legal thought and in the practice of democratic states. While a contested term, scholars have articulated its contours – both formal and substantive. This includes ideas such as legal certainty, prospectivity, access to justice, and the fact that everyone should be accountable under the law. Much of the scholarship has centred on states and international organisations as the primary entities responsible for protecting the rule of law. By contrast, the relationship between individuals and groups of people in civil society vis-à-vis the rule of law is under-explored in (international) law. This special issue is therefore dedicated to elaborating upon this relationship – the ‘rule of law from below.’ This Introduction sets out the concept and illustrates it with examples of the innovative ways that people are using in practice to support the rule of law from below. While noting that the concept of ‘rule of law from below’ is one under development, we argue that there is much value in investigating instances where actors beyond formal state institutions, who have no constitutional or other formal legal role, take it upon themselves to uphold and defend the rule of law. This is especially important in today’s global context of shifts in power between state and non-state actors, as well as pervasive democratic and rule-of-law backsliding.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69668539","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":"Cross-Border Police Cooperation and ‘Secondary Movements’. On Reconfigurations in Enforcing Differential Mobility Rights within the Spatial-Legal Schengen Space","authors":"Monika Weissensteiner","doi":"10.36633/ulr.779","DOIUrl":"https://doi.org/10.36633/ulr.779","url":null,"abstract":"In the context of the so-called ‘migration crisis’, besides the politically more contentious introduction of border controls, on intra-European borders member states responded to onward mobilities – so-called ‘secondary movements’ – through border-area controls, bilateral (fast-track) readmissions and increasingly through joint patrolling of main cross-border routes. This article sets out to reflect upon the ‘Schengen crisis’ not by discussing the introduction of border controls, but by focusing on ordinary means of enforcement through border-area policing (Article 23 Schengen Borders Code) and through instruments of police cooperation, such as through joint patrolling or bilateral readmissions. By scrutinising the legal regimes of these instruments, plural in both scale and temporality, this article contributes to reflecting upon the productive reconfigurations in times of ‘crisis’ of the EU order and its enforcement.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69669818","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":"Localizing the Human Right to Water in Lagos State, Nigeria","authors":"P. Obani","doi":"10.36633/ulr.559","DOIUrl":"https://doi.org/10.36633/ulr.559","url":null,"abstract":"Nigeria’s water sector is characterised by abysmal network coverage despite significant natural water resources potential. Most of the water sector reforms across the country encourage private sector participation in service delivery, to improve quality and efficiency. Early attempts at water privatization in Lagos State, a pioneer for water sector reforms in Nigeria, have met with stiff opposition from local water justice advocates, mostly on human rights grounds. Similar opposition has followed water reforms and privatization efforts in other parts of the country as well. Hence, this paper uses Lagos State as a case study to examine the prospects for the localisation of the human right to water within the context of private sector participation in the water sector. The findings suggest that: (a) private sector participation solely cannot account for the failure to localize the human right to water and the legal framework regulating the water sector plays an important role in determining the outcome; (b) the extant water sector law in Lagos State entrenches various forms of inequality in water access for personal and domestic uses; and (c) there is need for further legal reforms to elevate access to safe drinking water services beyond the contractual obligation on consumers to pay for services to a human right.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"75-84"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48408750","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 Special Rapporteur on the Human Rights to Safe Drinking Water and Sanitation: An Assessment of Its First Dozen Years","authors":"Henry F. Carey","doi":"10.36633/ulr.585","DOIUrl":"https://doi.org/10.36633/ulr.585","url":null,"abstract":"The Special Rapporteur for Safe Drinking Water and Sanitation is a norm entrepreneur, both as a norm monitor and clarifier, as well as an advocate for reparative action for victims. Two incumbents have identified fundamental principles of these two human rights and many implementation requirements for their protection. Appropriate attention has been placed on various vulnerable groups that require greater efforts at norm compliance through policy responses. However, many countries have tremendous inequalities in access to water and sanitation, which are largely unacknowledged and even unnoticed, for which states have a positive responsibility, but which are not easily noticed because of weak civil society monitoring. Both mandate holders have much of their efforts on country visits with governments interested in improvement—which is desirable for both the countries concerned and for the development of rubrics for institutionalized lessons learned, best practices and methodologies for information collection and analysis. Considerable efforts have also been made on norm development that hopefully encourages emulation. More emphasis is needed to identify and clarify legally-binding, hard law requirements in implementation, not just soft-law non-legally binding recommendations to governments and their public and private partners, as well as specifying the binding rights of the vulnerable. Also needed are more cataloguing of government violations of the human rights to safe drinking water and sanitation, especially outside of Latin America, from where the two mandate holders come. Particular attention should be paid to countries that refuse country visits. Greater use of reliable information concerning pollution of drinking water, poor sanitation, economic development without consultation or impact analysis, exorbitant pricing of water, and inadequate sanitation that allows public defecation. This office should also coordinate generally more often with other Special Procedures on many inter-sectional issues, but above all else, on climate change issues, which present an existential threat to rights protection. While there are many competing claims for resources, important issues regarding access to safe drinking water and sanitation go unnoticed by this office because of its insufficient attention to early warning and urgent action procedures for these violations. However, the contributions of the two mandate holders to norm development has been clear, effective and deserving of praise.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"33-47"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45291227","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":"Editorial for Localising the Sustainable Human Right to Water","authors":"O. Spijkers, Daphina Misiedjan, Candice Foot, M. Rijswick","doi":"10.36633/ulr.639","DOIUrl":"https://doi.org/10.36633/ulr.639","url":null,"abstract":"This Special Issue on Localising the Sustainable Human Right to Water begins with contributions focused on a global and more general perspective. These contributions provide a general introduction to the topic of the sustainable human right to water. It then shifts perspective to provide regional contributions, and finally zooms in to contributions focused on the implementation of this right at the national level.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"1-6"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45983991","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":"Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran","authors":"Farnaz Shirani Bidabadi, Ladan Afshari","doi":"10.36633/ulr.566","DOIUrl":"https://doi.org/10.36633/ulr.566","url":null,"abstract":"There is a long-standing dispute between Iran and Afghanistan over the Helmand River. In recent years, between 2002 and 2013, the access to water of the population living in the river basin in Iran has been adversely affected. As the human right to water is recognized at the international level, this paper aims to study the national implementation of the human right to water in both countries. It analyzes Afghanistan’s and Iran’s legislation, regulation, adopted strategies and policies at the national level. It further assesses if there is an extraterritorial obligation for both countries to respect, protect, and fulfill the human right to water. Finally, it to proposes solutions that would contribute to the fulfillment of the human right to water.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":"16 1","pages":"150-162"},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48923311","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 Right of Access to Water in the Context of Investment Disputes in Argentina: Urbaser and Beyond","authors":"Dr. Yulia Levashova","doi":"10.36633/ulr.572","DOIUrl":"https://doi.org/10.36633/ulr.572","url":null,"abstract":"The privatisation of water through foreign investment has become a common occurrence throughout the world. In developing economies like Argentina, many people depend on their water supply from private companies, including foreign investors. Using Argentina as a case study, this article analyses of how the human right of access to water is applied and interpreted in international investment law. To this end, four Argentinian investment water disputes Azurix v. Argentina, AWG v. Argentina, Impregio v. Argentina and Urbaser v. Argentina concluded in the last 20 years are subjected to a comparative analysis. The evaluation of four tribunals’ decisions signals the reformative evolution that is taken place in international investment law. The most recent of the four cases (Urbaser v. Argentina) belongs to the body of recent jurisprudence, where the state’s right to regulate as well as investors’ responsibilities have been acknowledged by tribunals. Drawing on more recent policy developments in investment law, it is argued that Urbaser case is not an exception, but an indication of gradual transformation of investment regime to a more balanced system.","PeriodicalId":44535,"journal":{"name":"Utrecht Law Review","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44475328","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}