Hague Journal on the Rule of Law最新文献_第10页

The Best of Both Worlds or the Worst of Both Worlds? Multilateral Development Banks, Immunities and Accountability to Rights-Holders 两个世界最好的还是两个世界最坏的?多边开发银行、豁免和对权利持有人的问责

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-04-06 DOI: 10.1007/s40803-020-00143-1

Gamze Erdem Türkelli

{"title":"The Best of Both Worlds or the Worst of Both Worlds? Multilateral Development Banks, Immunities and Accountability to Rights-Holders","authors":"Gamze Erdem Türkelli","doi":"10.1007/s40803-020-00143-1","DOIUrl":"https://doi.org/10.1007/s40803-020-00143-1","url":null,"abstract":"Multilateral development banks (MDBs) are accorded immunities and privileges as agents of their member states as justified by functionalist arguments. They are also operationally hybrid: they are actors in their own right in addition to being functional agents. Navigating the functionalist imagery and relying on the argument that they are delegated purely economic pursuits (i.e. financing economic development), MDBs are able to eschew accountability to rights-holders that are affected by their decisions and operations. Although administrative law approaches have succeeded in increasing transparency, instilling self-regulatory frameworks and providing for independent review, the absence of external oversight of such review mechanisms and the broad immunities to suit enjoyed by MDBs have impeded true accountability to rights-holders. This article argues that, in so far as they engage in private sector financing operations, MDBs and their constituent arms share the form, function and relationships of an economic corporation to a large extent. Consequently, their immunities should be limited to render them bound—like ordinary corporations- by the domestic norms with respect to rule of law and human rights of the home and host countries in which they operate in order to make them accountable to rights-holders and to provide recourse for wrongdoings.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2020-04-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138517162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

‘Striking Back’ and ‘Clamping Down’ in South Africa: Responding to Adverse Judicial Decisions Under Systems of Parliamentary Sovereignty and Constitutional Supremacy 南非的“反击”和“镇压”:议会主权和宪法至上制度下对不利司法决定的回应

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-25 DOI: 10.1007/s40803-020-00142-2

Isabeau Steytler

{"title":"‘Striking Back’ and ‘Clamping Down’ in South Africa: Responding to Adverse Judicial Decisions Under Systems of Parliamentary Sovereignty and Constitutional Supremacy","authors":"Isabeau Steytler","doi":"10.1007/s40803-020-00142-2","DOIUrl":"https://doi.org/10.1007/s40803-020-00142-2","url":null,"abstract":"In their article ‘Striking Back’ and ‘Clamping down’: An Alternative Perspective on Judicial Review, Carol Harlow and Richard Rawlings consider the ways in which an executive may respond to judicial decisions which find against it. They organize such responses or ‘tactics’ into ‘striking back’ according to which the executive attempts to nullify the effect of the judgment, and ‘clamping down’ in terms of which the government attempts to prevent future adverse judgments. Harlow and Rawlings consider such tactics in the context of the United Kingdom and find that there has not been a significant change in tactics in the country’s transition from a system of pure parliamentary sovereignty to one influenced by European law and the Human Rights Act 1998. In this paper I consider the practices of ‘striking back’ and ‘clamping down’, identified by Harlow and Rawlings, in the context of South Africa. I pose the question whether there has been a change of tactics in South Africa moving from a system of parliamentary sovereignty to one of constitutional supremacy. I also consider how effective these tactics have been under each system. My finding is that there has been a significant change in tactics in South Africa, as the Constitution has placed restraints on the tactics available to the government in striking back and clamping down, leading the government to resort to more extreme measures which in turn threaten South Africa’s constitutional democracy.","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":null,"pages":null},"PeriodicalIF":2.2,"publicationDate":"2020-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138496373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The International Rule of Law and the Idea of Normative Authority 国际法治与规范权威理念

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-16 DOI: 10.1007/s40803-020-00141-3

Kostiantyn Gorobets

引用次数: 2

The Abuse of the Rule of Law 法治的滥用

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-03 DOI: 10.1007/s40803-020-00140-4

Gianluigi Palombella

引用次数: 2

Reactionary Politics and the Rule of Law 反动政治与法治

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00136-0

Lisa Hajjar

引用次数: 0

Judicial Action and Accountability for Law of War Violations in the “War on Terror” “反恐战争”中违反战争法行为的司法诉讼与问责

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00139-x

Jessica Peake

引用次数: 0

A Response: How to Defend the Rule of Law? 答:如何捍卫法治?

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00133-3

Richard L. Abel

引用次数: 0

The Politics of Lawyers and the Rule of Law 律师政治与法治

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00137-z

T. Halliday

引用次数: 0

A Clarion Call for Strengthening the Rule of Law 加强法治建设的号角

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00134-2

Penelope E. Andrews

引用次数: 0

The Potential for Resilience of Institutions to Sustain The Rule of Law 机构维持法治的韧性潜力

IF 2.2 2区社会学

Hague Journal on the Rule of Law Pub Date : 2020-03-02 DOI: 10.1007/s40803-020-00138-y

M. Krygier

引用次数: 3