Leiden Journal of International Law最新文献_第10页

The ECtHR’s suitability test in national security cases: Two models for balancing human rights and national security ECtHR在国家安全案件中的适用性测试：平衡人权和国家安全的两个模型

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-01-26 DOI: 10.1017/S0922156522000735

Chao Jing

引用次数: 0

You were bombed and now you have to pay for it: Questioning the positive obligations in the Treaty on the Prohibition of Nuclear Weapons 你被轰炸了，现在你必须为此付出代价：质疑《禁止核武器条约》中的积极义务

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-01-23 DOI: 10.1017/S0922156522000747

A. Hood

{"title":"You were bombed and now you have to pay for it: Questioning the positive obligations in the Treaty on the Prohibition of Nuclear Weapons","authors":"A. Hood","doi":"10.1017/S0922156522000747","DOIUrl":"https://doi.org/10.1017/S0922156522000747","url":null,"abstract":"Abstract One of the central components of the Treaty on the Prohibition of Nuclear Weapons (TPNW) is its victim assistance and environmental remediation provisions (known collectively as the Treaty’s ‘positive obligations’). While there is much to celebrate about efforts to remedy the damage caused by nuclear weapons, the way the TPNW distributes responsibility for this work is troubling. Under the Treaty, the primary responsibility for fulfilling the positive obligations is placed on the states parties that have individuals under their jurisdiction who are affected by the use or testing of nuclear weapons and areas under their jurisdiction or control that have been contaminated by the use or testing of nuclear weapons (‘the affected states’) despite the fact that, often, these were not the states responsible for detonating the nuclear weapons. This article examines and critiques the reasons the Treaty’s drafters placed the main responsibility for victim assistance and environmental remediation on affected states. It argues that the rationales underpinning these provisions rest on shaky grounds, and that the Treaty’s approach has potential negative ramifications for nuclear disarmament and understanding the history of the use and testing of nuclear weapons. Further, it explores how the Treaty may play into worrying broader dynamics in public international law whereby the Global North is frequently absolved of responsibility for the harms it causes while the Global South is saddled with obligations to redress an array of harms.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48957422","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

International legal scholarship and the making of a ‘scientific self’ 国际法律学术与“科学自我”的形成

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-01-06 DOI: 10.1017/S0922156522000498

Lianne J. M. Boer

引用次数: 0

International law: A discipline of ambition 国际法:一门雄心勃勃的学科

2区社会学

Leiden Journal of International Law Pub Date : 2023-01-03 DOI: 10.1017/s0922156522000711

Leslie-Anne Duvic-Paoli

{"title":"International law: A discipline of ambition","authors":"Leslie-Anne Duvic-Paoli","doi":"10.1017/s0922156522000711","DOIUrl":"https://doi.org/10.1017/s0922156522000711","url":null,"abstract":"Abstract The term ‘ambition’ appears to have infiltrated international legal discourses: it is used to, for instance, lament the lack of state action to tackle major global challenges, praise progress towards difficult goals, or evaluate the outcomes of international law-making processes. Often mobilized, the concept of ambition in international law remains, however, poorly understood. And yet, each narrative offers a specific analytical frame that influences our understanding of the world and sets distinct policy prescriptions. What argumentative functions do ambition narratives play and what implications do they carry for international law, in both its practice and study? To respond to this question, the article explores the occurrence of the term in a field where the rationale of ambition has recently taken centre stage – international climate law – and uses the crisis narrative as a means of comparison to highlight the specificity of ambition discourses. The argumentative implications of ambition are identified in terms of vision, means and temporality: this article suggests that an ambition discourse fulfils objectives that a crisis narrative is unable to accommodate by calling for structural transformations, motivating states to commit to far-reaching objectives and adopting a long-term perspective focused on incremental change. The shortcomings of an ambition narrative are also highlighted, in relation to its determination and evaluation. The study contributes to shedding light on a new international law discourse to offer a different analytical frame for the discipline.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135555612","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: 2

Kai Ambos (ed.), Rome Statute of the International Criminal Court: Article-by-Article Commentary, Beck, Hart, and Nomos, 4th ed., 2022, 3,064 pp., ISBN 9781509944057, £475 Kai Ambos（编辑），《国际刑事法院罗马规约：逐条评注》，Beck、Hart和Nomos，第4版，2022年，3064页，ISBN 9781509944057，475英镑

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-12-15 DOI: 10.1017/s092215652200070x

Michael G. Karnavas

引用次数: 0

Imperialism through adjudication in Latin America – ERRATUM 拉丁美洲的帝国主义裁决——ERRATUM

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-12-01 DOI: 10.1017/s0922156522000723

J. Uriburu

引用次数: 0

Social memory and the impact of commemorative remedies ordered by the Inter-American Court of Human Rights 社会记忆和美洲人权法院下令采取的纪念补救措施的影响

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-12-01 DOI: 10.1017/S0922156522000681

Moshe Hirsch, Milad A. Said Barguil

{"title":"Social memory and the impact of commemorative remedies ordered by the Inter-American Court of Human Rights","authors":"Moshe Hirsch, Milad A. Said Barguil","doi":"10.1017/S0922156522000681","DOIUrl":"https://doi.org/10.1017/S0922156522000681","url":null,"abstract":"Abstract Social memory studies start from the premise that people acquire their memories not only through individual means, but through social processes as well. Social groups often provide materials for memory, and prod individuals into recalling particular events. One of the distinctive differences between the practice of the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR) concerns memory-related remedies. While the IACtHR quite frequently orders respondent states to commemorate grave violations of human rights (including the construction of monuments), the ECtHR has refrained from granting such commemorative remedies. Some organizations representing victims have called upon additional tribunals to embrace the IACtHR’s remedial approach to address grave breaches of international law. Drawing on social memory scholarship, this study is aimed at empirically assessing the impact of four sites of memory in Colombia established by order of the IACtHR. The study’s findings suggest that international tribunals alone cannot shape collective memories that are inconsistent with sociocultural features characterizing the local society. On the other hand, judicially-ordered sites of memory are meaningful for the victims’ families and small-scale social units. These findings turn our attention to micro-level sociological perspectives, and particularly to the symbolic-interactionist approach to international law, highlighting the vital symbolic role of international tribunals for individuals and small social units. The valuable role of such memorial sites for the victims’ relatives and related communities suggests that international tribunals addressing grave human rights violations should consider granting commemorative remedies.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49532861","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

Self-determination in territorial disputes before the International Court of Justice: From rhetoric to reality? 国际法院审理的领土争端中的自决：从言论到现实？

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-11-29 DOI: 10.1017/S0922156522000620

Yusra Suedi

{"title":"Self-determination in territorial disputes before the International Court of Justice: From rhetoric to reality?","authors":"Yusra Suedi","doi":"10.1017/S0922156522000620","DOIUrl":"https://doi.org/10.1017/S0922156522000620","url":null,"abstract":"Abstract In its jurisprudence, the ICJ has developed a hierarchy of sources it will rely on to resolve territorial disputes: it prioritizes a boundary treaty between the state litigants, followed by agreements between the states’ colonial predecessors, and finally state litigants’ actions displaying their authority over the disputed territory. The Court’s practice therefore leaves no room for local populations to contribute to boundary-making decisions. Given the status self-determination holds in international law today, and the repercussions possibly faced by such populations in certain territorial disputes, there is cause to consider that the desires of local populations should be considered in the Court’s legal reasoning. This article first unpacks the reasons that self-determination is not brought up by state litigants on one hand, nor by the Court on the other hand. It notes that self-determination is only rhetorically addressed by states if buttressing their interests. It therefore attempts to reconcile self-determination with territorial disputes, suggesting how peoples’ desires may be factored into the Court’s approach.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44039737","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

Regionalism as development: The Lomé Conventions I and II (1975–1985) 作为发展的地区主义：《洛美第一公约》和《洛美第二公约》（1975年至1985年）

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-11-28 DOI: 10.1017/S092215652200067X

Rafael Lima Sakr

{"title":"Regionalism as development: The Lomé Conventions I and II (1975–1985)","authors":"Rafael Lima Sakr","doi":"10.1017/S092215652200067X","DOIUrl":"https://doi.org/10.1017/S092215652200067X","url":null,"abstract":"Abstract Lomé Conventions I (1975) and II (1979) were the first regional trade agreements (RTAs) between the European Community (EC) and the group of postcolonial countries in Africa, the Caribbean, and Pacific (ACP). Specialized scholarship offers rich analyses of those Conventions; however, little is known about the role of law and lawyers in their making, and their relevance for present-day debates about RTAs. This article advances existing knowledge in two ways. First, it historicizes the more visible role of law in constituting Lomé as a legal regime for governing EC-ACP regionalism. It then argues that the Conventions were distinct from existing RTAs due to their unique centrality on social and economic development; and from present-day RTAs, because they were conceived not simply as instrumental to but also as constitutive of development. Second, by historicizing the less visible role of law and lawyers in the Lomé regime, the article identifies that a specialist conception of South-North RTAs was refined to govern which ideas, projects, norms, and institutions were applicable to Lomé. This distinct conception – called the development framework – was critical in creating the conditions of possibility for decision-makers negotiate, interpret, and manage the Conventions. Those findings challenge conventional wisdom on two grounds. They suggest that Lomé was unique not for embodying a new model but for consolidating the development framework’s dominance. They contest present-day understanding of RTAs as textual manifestations of a universal concept by demonstrating the existence of competing conceptions, which express distinct notions of RTAs’ purpose, content, and form.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43251140","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

State responsibility in relation to military applications of artificial intelligence 国家在人工智能军事应用方面的责任

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2022-11-28 DOI: 10.1017/S0922156522000607

B. Boutin

{"title":"State responsibility in relation to military applications of artificial intelligence","authors":"B. Boutin","doi":"10.1017/S0922156522000607","DOIUrl":"https://doi.org/10.1017/S0922156522000607","url":null,"abstract":"Abstract This article explores the conditions and modalities under which a state can incur responsibility in relation to violations of international law involving military applications of artificial intelligence (AI) technologies. While the question of how to attribute and allocate responsibility for wrongful conduct is one of the central contemporary challenges of AI, the perspective of state responsibility under international law remains relatively underexplored. Moreover, most scholarly and policy debates have focused on questions raised by autonomous weapons systems (AWS), without paying significant attention to issues raised by other potential applications of AI in the military domain. This article provides a comprehensive analysis of state responsibility in relation to military AI. It discusses state responsibility for the wrongful use of AI-enabled military technologies and the question of attribution of conduct, as well as state responsibility prior to deployment, for failure to ensure compliance of AI systems with international law at the stages of development or acquisition. Further, it analyses derived state responsibility, which may arise in relation to the conduct of other states or private actors.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48288901","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: 3