ISRAEL LAW REVIEW最新文献_第4页

The Belfast/Good Friday Agreement and Transformative Change: Promise, Power and Solidarity 贝尔法斯特/耶稣受难日协议与转型变革:承诺、权力和团结

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ISRAEL LAW REVIEW Pub Date : 2023-05-09 DOI: 10.1017/s0021223723000031

Rory O’Connell, Fionnuala D. Ni Aolain, L. Malagón

{"title":"The Belfast/Good Friday Agreement and Transformative Change: Promise, Power and Solidarity","authors":"Rory O’Connell, Fionnuala D. Ni Aolain, L. Malagón","doi":"10.1017/s0021223723000031","DOIUrl":"https://doi.org/10.1017/s0021223723000031","url":null,"abstract":"\u0000 In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. In doing so, we deploy Clara Sandoval's typology of different forms of societal change – ‘ordinary’, ‘structural’ and ‘fundamental’ – to guide our thinking and analysis, and tackle the most fundamental of questions in peace agreement literature and practice: whether, in fact, peace agreements can undo the fundamental causes that trigger and sustain violence. The article outlines the transformative promise of the Agreement, the multiple interlocking factors that have undermined that promise and the role of civil society in sustaining that transformative potential. Our conclusions point to a more nuanced understanding of what constitutes the ‘ordinary’ in transitional settings and a caution against the hyperbole of the transformative. We view transformative change as slothlike in its emergence, specifically grounded in progressive and cumulative re-orderings that can accompany peace processes. Rather than a moment of radical change, transformation follows from the cumulative impact of symbolic gesture, specific legal provision, procedural practice, mechanisms of accountability, and an engaged and vibrant civil society.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42380128","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: 1

Turkey's Extraterritorial Use of Force against Armed Non-State Actors 土耳其在域外对非国家武装行为体使用武力

IF 0.7

ISRAEL LAW REVIEW Pub Date : 2023-03-30 DOI: 10.1017/s0021223722000243

Saeed Bagheri

{"title":"Turkey's Extraterritorial Use of Force against Armed Non-State Actors","authors":"Saeed Bagheri","doi":"10.1017/s0021223722000243","DOIUrl":"https://doi.org/10.1017/s0021223722000243","url":null,"abstract":"Abstract The use of force in foreign territories has been contained in the Constitution of the Republic of Turkey, with the authorisation of the Grand National Assembly of Turkey, in ‘cases deemed legitimate by international law’ and where required by international treaties to which Turkey is a party. Yet Turkey's extraterritorial use of force against armed non-state actors lead to the most important question of identifying the circumstances under which the Turkish authorities have long justified military intervention in foreign territories. This article aims to assess whether Turkey's use of force and alleged extraterritorial self-defence contravenes international law. In order to address how Turkey interprets the right to use armed force and the right of self-defence, and to bring clarity to the state's approach to international law on the use of force (jus ad bellum), the article explores Turkey's practice based on the assessment of the Turkish military intervention in Syria, in line with both bilateral security or defence treaties to which Turkey is a party and the use of force in self-defence. The aim is to determine whether Turkey's justifications are compatible with the jus ad bellum criteria.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46062810","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

Stop Ecocide International's Blueprint for Ecocide Is Compromised by Anthropocentrism: A New Architect Must Be Found 停止生态灭绝国际的生态灭绝蓝图被人类中心主义所妥协：必须找到一位新的建筑师

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ISRAEL LAW REVIEW Pub Date : 2023-03-20 DOI: 10.1017/s0021223722000218

E. Winter

引用次数: 0

Should Weaponised Moral Enhancement Replace Lethal Aggression in War? 武器化的道德提升应该取代战争中的致命侵略吗？

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ISRAEL LAW REVIEW Pub Date : 2023-03-17 DOI: 10.1017/S002122372200022X

Joao Fabiano

{"title":"Should Weaponised Moral Enhancement Replace Lethal Aggression in War?","authors":"Joao Fabiano","doi":"10.1017/S002122372200022X","DOIUrl":"https://doi.org/10.1017/S002122372200022X","url":null,"abstract":"Abstract Some have proposed the development of technologies that improve our moral behaviour – moral enhancement – in order to address global risks such as pandemics, global warming and nuclear war. I will argue that this technology could be weaponised to manipulate the moral dispositions of enemy combatants. Despite being morally controversial, weaponised moral enhancement would be neither clearly prohibited nor easily prohibitable by international war law. Unlike previous psychochemical weapons, it would be relatively physically harmless. I argue that when combatants are liable to lethal aggression to achieve an aim of war, they are also liable to weaponised moral enhancement to achieve that same aim. Weaponised moral enhancement will loosen just war requirements in both traditional and revisionist normative just war theories. It will particularly affect revisionist theories’ jus ad bellum requirements for humanitarian and preventive wars. For instance, weaponised moral enhancement could be more proportional and efficacious than lethal aggression to effect institutional changes in preventive and humanitarian wars. I will conclude that, despite evading international war laws and loosening normative just war requirements, the intuition that weaponised moral enhancement would gravely harm combatants can be defended by arguing that it would severely disturb personal identity, which could potentially ground future prohibitions.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46158629","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

In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law 寻求人道:国际人道法侵权救济中的道德与法律差异

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ISRAEL LAW REVIEW Pub Date : 2023-03-15 DOI: 10.1017/S0021223722000206

Steven van de Put

{"title":"In Search of Humanity: The Moral and Legal Discrepancy in the Redress of Violations in International Humanitarian Law","authors":"Steven van de Put","doi":"10.1017/S0021223722000206","DOIUrl":"https://doi.org/10.1017/S0021223722000206","url":null,"abstract":"Abstract Both international humanitarian law (IHL) and international human rights law (IHRL) make extensive references to humanity. Yet the role attributed to humanity differs between the two. Humanity is seen in IHRL as the source of the rights, whereas in IHL it is interpreted as a moral obligation to avoid harm. This article challenges this perspective. Relying upon contemporary interpretations of IHL, it will be argued that, in a moral sense, IHL matches up closely with IHRL. Crucial here is that humanity, rather than reflect a utilitarian perspective to avoid harm, is worded in stronger terms. To reflect this accurately, it is argued that IHL is best seen as a reflection of TM Scanlon's contractualism as opposed to utilitarian reasoning. Relying upon the similarities in moral reasoning visible in both bodies of law, the article argues that this should also be reflected when it comes to redress for violations. In a concrete sense, the argument here is that this also presents a moral requirement to recognise individual claims within IHL. To give legal effect to this moral demand, it is suggested that IHRL might play a role in bridging the gap between the moral and legal considerations in IHL.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42897634","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

ISR volume 56 issue 1 Cover and Front matter ISR第56卷第1期封面和封面

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ISRAEL LAW REVIEW Pub Date : 2023-03-01 DOI: 10.1017/s0021223723000018

引用次数: 0

Autonomous Weapons and the Right to Self-Defence 自主武器和自卫权

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ISRAEL LAW REVIEW Pub Date : 2023-03-01 DOI: 10.1017/S002122372200019X

Agata Kleczkowska

引用次数: 0

ISR volume 56 issue 1 Cover and Back matter ISR第56卷第1期封面和封底

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ISRAEL LAW REVIEW Pub Date : 2023-03-01 DOI: 10.1017/s002122372300002x

引用次数: 0

Revisiting Judicial Review of Constitutional Amendments in Bangladesh: Article 7B, the Asaduzzaman Case, and the Fall of the Basic Structure Doctrine 重新审视孟加拉国宪法修正案的司法审查:第7B条、Asaduzzaman案和基本结构原则的衰落

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ISRAEL LAW REVIEW Pub Date : 2023-01-16 DOI: 10.1017/S0021223721000297

Kawser Ahmed

引用次数: 0

Anti-Terrorism Criminal Law: Where Emergency Regime Meets the Investigative Agenda 反恐刑法:紧急状态制度与侦查议程的契合

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ISRAEL LAW REVIEW Pub Date : 2023-01-10 DOI: 10.1017/S0021223722000152

Sigal Shahav

{"title":"Anti-Terrorism Criminal Law: Where Emergency Regime Meets the Investigative Agenda","authors":"Sigal Shahav","doi":"10.1017/S0021223722000152","DOIUrl":"https://doi.org/10.1017/S0021223722000152","url":null,"abstract":"Abstract This article aims to show how reform of the law on terrorism not only has the power to create new criminal procedures, it can also create a distinct, parallel field operating alongside general criminal law. This parallel configuration presents certain unique features and processes which merit their own typology – namely, anti-terrorism criminal law (ATCL). First, the article discusses how states have responded to terrorism through reform of four key arenas: military law, immigration law, administrative law and criminal law. Comparison is then drawn between the United States and Israel in their respective approaches, showing that Israel has executed far more sweeping and significant reforms over the last four decades, mainly in criminal procedure. Examples are given to illustrate how Israel's evolving anti-terrorism legislation – and specifically, the new Counter-Terrorism Law of 2016 – changed the criminal procedural landscape to such a degree that it constituted the new field of ATCL. I contend that this move was anti-liberal in its definition and targeting of terror suspects, and in its pursuit of emergency aims and intelligence gathering rather than liberal criminal law objectives. Further, I show that liberal theory struggles to explain the integrated change model that Israel has implemented in its counter-terrorism reforms, and that the theoretical framings of Carl Schmitt and Michel Foucault may explain it more effectively.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48452663","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