Leiden Journal of International Law最新文献

International law in the minds: On the ideational basis of the making, the changing, and the unmaking of international law 思想中的国际法：论国际法制定、改变和废除的思想基础

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-09-06 DOI: 10.1017/s0922156524000165

Thomas Schultz

引用次数: 0

BinaryTech in motion: The sexgender in the European Court of Human Rights jurisprudence 运动中的二元技术：欧洲人权法院判例中的性别问题

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-05-09 DOI: 10.1017/s0922156524000141

Juho Aalto

引用次数: 0

Rewriting the law of international organizations: Whither the Asia Pacific? 重写国际组织法：亚太向何处去？

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-05-09 DOI: 10.1017/s092215652400013x

Alison Duxbury

{"title":"Rewriting the law of international organizations: Whither the Asia Pacific?","authors":"Alison Duxbury","doi":"10.1017/s092215652400013x","DOIUrl":"https://doi.org/10.1017/s092215652400013x","url":null,"abstract":"The law of international organizations is often described in terms of both its universality and its unity. Writers in this field begin their texts with an acknowledgement that there are common legal principles that have been developed by, and can be applied to, a variety of international organizations. The idea that there are legal principles applicable to multiple organizations – whatever their membership, location, powers, technical functions, or financial resources – is also implicit in the reports of the International Law Commission discussing the immunities, responsibilities, and law-making capacity of international organizations. But despite this search for common principles, a question remains whether international institutional law is based on the practice of all, or at the very least, a range, of organizations. Writers in this field have tended to focus on the activities of organizations based in either Europe or North America, including the United Nations and its specialized agencies, the European Union, and Council of Europe. This article argues that the omission of the principles and practices of organizations outside Europe and the United Nations’ system, specifically Asia Pacific organizations, undermines the claim of international institutional law to be universal. It explores the way in which a more inclusive approach – one that pays attention to the perspectives of Asia Pacific organizations – could illuminate certain features of the law and lead international lawyers to reconceive some of its central principles.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"37 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140932761","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

Beyond the machinery metaphors: Towards a theory of international organizations as machines 超越机器隐喻：建立国际组织作为机器的理论

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-05-03 DOI: 10.1017/s0922156524000153

Andreas Kotsakis

引用次数: 0

The Committee on the Rights of the Child and Article 12: Applying the Lundy model to treaty body recommendations 儿童权利委员会与第 12 条：将伦迪模式应用于条约机构的建议

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-04-22 DOI: 10.1017/s0922156524000098

Sean Molloy

{"title":"The Committee on the Rights of the Child and Article 12: Applying the Lundy model to treaty body recommendations","authors":"Sean Molloy","doi":"10.1017/s0922156524000098","DOIUrl":"https://doi.org/10.1017/s0922156524000098","url":null,"abstract":"Article 12 of the United Nations (UN) Convention on the Rights of the Child (CRC) requires that states afford children the opportunity, subject to certain qualifications, to express their views on all matters that affect them. Alongside the substantive, procedural and normative significance of this right, Article 12 both reflects and contributes to progressive understandings of childhood more generally; it recognizes children as agentic beings ‘with integrity and personality and the ability to participate freely in society and articulate a view’. Nevertheless, the fulfilment of this legal right is often not realized, requiring ongoing efforts to help translate it into practice. This article examines how the UN Committee on the Rights of the Child (CommCRC), through recommendations to state parties issued as part of its monitoring function, can assist, or hinder the realization of Article 12. The primary argument advanced is that when issuing recommendations, the CommCRC ought to draw on the Lundy Model of Child Participation as an organizing concept- one utilized to weave together the substance of their recommendations in ways more instructive, useful, and impactful than the current approach.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"25 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140636255","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 ambiguity of colonial international law: Three approaches to the Namibian Genocide 殖民国际法的模糊性：处理纳米比亚种族灭绝的三种方法

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-04-02 DOI: 10.1017/s0922156523000742

Matthias Goldmann

{"title":"The ambiguity of colonial international law: Three approaches to the Namibian Genocide","authors":"Matthias Goldmann","doi":"10.1017/s0922156523000742","DOIUrl":"https://doi.org/10.1017/s0922156523000742","url":null,"abstract":"<p>A visible sign of changing relations between the Global South and Global North are reparation claims for colonial injustice. An interesting case is the 1904–1907 Namibian Genocide. Germany has recently concluded a draft agreement with Namibia on reconciliation and compensation. Nevertheless, Germany maintains that it is not under any legal obligation to pay reparations. This article challenges that position, arguing that colonial international law was far too ambiguous to support this conclusion. For this purpose, the article contrasts this ‘conventional view’ of colonial international law with post-colonial and pluralistic approaches. Post-colonial approaches reveal colonial-era law as a deeply ambiguous, contradictory practice that mirrors the identity crisis of the colonizers. Pluralistic approaches juxtapose colonial international law with autochtonous views of inter-polity law, i.e., the normative framework governing colonial encounters. To reconstruct autochtonous views, the article draws on letters by Hendrik Witbooi and Maharero, traditional leaders from Namibia, and examines the contours of their inter-polity law relating to territorial sovereignty and warfare. These contending perspectives undermine the cogency with which the conventional view rejects reparation claims. While ambiguity as such does not give rise to compensation claims, other options come to mind, such as a duty to negotiate, shifts in the burden of proof – or a profound recalibration of international law towards greater solidarity.</p>","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"64 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140600181","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

Navigating transformations: Climate change and international law 驾驭变革：气候变化与国际法

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-03-25 DOI: 10.1017/s0922156524000062

Laura Mai

{"title":"Navigating transformations: Climate change and international law","authors":"Laura Mai","doi":"10.1017/s0922156524000062","DOIUrl":"https://doi.org/10.1017/s0922156524000062","url":null,"abstract":"The global climate crisis response envisioned by the Paris Agreement is commonly understood as demanding transformative change. International law, however, lacks a holistic conceptual framing for making sense of what such change would entail, how it might unfold, and who and what it will involve. Moreover, there has been little critical engagement with the question of what is at stake when invoking the notion of transformation. Contributing to the broader debate about what the climate crisis demands of international law, this article offers a critical conceptual appraisal of the notion of ‘transformation’. Conceptually, it describes transformative dynamics as processes which work towards radically different states of affairs that seem practically impossible under the status quo, but which could arguably be realized if different conditions were in place. Developing an ontology of transformative change, the article identifies heterogenous temporality, the actualization of impossible possibilities, and distributed engagement as three central features of transformations in climate crisis. Having laid the conceptual groundwork, the article then takes a critical turn and foregrounds unresolved tensions that run through transformation thinking. The aim here is to connect to critical discourses and show how these tensions can serve as entry points for international law to meaningfully engage with the notion of transformation. The article closes by offering some reflections on what engagement with the notion of transformation might mean for international law’s disciplinary identity, rationale, and sense of purpose.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"7 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140297995","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

Gravity of the crime and early release: A comparative study of early release practices in international tribunals 罪行的严重性与提前释放：国际法庭提前释放做法比较研究

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-03-12 DOI: 10.1017/s0922156524000037

Cristina Fernández-Pacheco Estrada

{"title":"Gravity of the crime and early release: A comparative study of early release practices in international tribunals","authors":"Cristina Fernández-Pacheco Estrada","doi":"10.1017/s0922156524000037","DOIUrl":"https://doi.org/10.1017/s0922156524000037","url":null,"abstract":"The gravity of the crime committed has been considered ‘a factor of fundamental importance’ when deciding the early release of a person convicted by the ad hoc tribunals. Hence, most of the decisions rendered by the International Criminal Tribunal for the former Yugoslavia, for Rwanda and the International Residual Mechanism for Criminal Tribunals include this factor and determine whether it weighs in favour of or against early release. Conversely, when deciding the reduction of the sentence in the case of Thomas Lubanga, the International Criminal Court Panel stated in 2015 that ‘unlike at other international criminal tribunals, the gravity of the crime committed is not a factor that in itself weighs for or against reduction of sentence’. In fact, none of the decisions delivered by the International Criminal Court to date mention gravity. This drastic change reflects the differences in the corresponding statutes and rules of procedure and evidence and ultimately seeks to avoid a double count since the gravity of the crime committed is arguably the most important factor in the determination of the sentence. This divergence is examined in greater detail in this article, drawing on comparative, empirical research to establish the role played by gravity in early release decisions. Ultimately, it is argued that although the explanatory power generally attributed to gravity is often overrated, it is essential to a thorough early release assessment, whether included as a prerequisite per se or indirectly integrated into a wider prognosis of the risk of recidivism.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"14 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140115124","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

Seventeen men at Lake Success: In search of the International Law Commission 成功湖畔的十七个人寻找国际法委员会

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-02-22 DOI: 10.1017/s0922156524000049

Keri van Douwen

引用次数: 0

Seeing Santurbán through ISDS: A sociolegal case study of Eco Oro v. Colombia 通过 ISDS 看圣图尔班：Eco Oro 诉哥伦比亚的社会法律案例研究

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-02-13 DOI: 10.1017/s0922156523000730

Lorenzo Cotula, Nicolás M. Perrone

{"title":"Seeing Santurbán through ISDS: A sociolegal case study of Eco Oro v. Colombia","authors":"Lorenzo Cotula, Nicolás M. Perrone","doi":"10.1017/s0922156523000730","DOIUrl":"https://doi.org/10.1017/s0922156523000730","url":null,"abstract":"This article aims to enrich the emerging, multi-coloured tapestry of ‘international law in context’ through a study of how international economic law operates in complex investment-related disputes. Focusing on the Eco Oro v. Colombia investor-state arbitration, and drawing on both doctrinal analysis and sociolegal research, the study investigates how different actors make sense of the issues, of the dispute, and of the law. Besides shedding light on the neglected multi-actor, multi-layered dimensions of investment disputes, and on tensions between often incommensurable values, juxtaposing arbitral proceedings and underlying social realities highlights how investor-state arbitration involves a socio-political process of re-presenting actors, territory, the environment, and livelihoods through the prism of international arrangements that are primarily designed to protect foreign investment. The findings provide policy pointers on the need for systemic reform of international investment law, moving away from the predominant emphasis on investment protection and investor-state dispute settlement, towards a governance model that effectively considers the social, political, and environmental dimensions of foreign investment projects.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"254 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2024-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139753080","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