Leiden Journal of International Law最新文献_第2页

From treaty to custom: Shifting paths in the recent development of international humanitarian law 从条约到习惯：国际人道主义法近期发展中的路径转变

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-02-13 DOI: 10.1017/s0922156523000705

Giovanni Mantilla

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Deciphering l’esprit d’internationalité: The 1872 Alabama arbitration and the pacifist antithesis of modern international law profession 解读国际精神：1872 年阿拉巴马仲裁与现代国际法专业的和平主义对立面

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-01-31 DOI: 10.1017/s0922156523000699

Xiaohang Chen

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引用次数: 0

Dislodging the compulsory dispute settlement mechanism: Analysis of Article 281 of UNCLOS 取消强制性争端解决机制：对《海洋法公约》第 281 条的分析

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-01-31 DOI: 10.1017/s0922156523000687

Bjørn Kunoy

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Characterization of the violence between Türkiye and the PKK 土耳其与库尔德工人党之间暴力事件的特点

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2024-01-08 DOI: 10.1017/s0922156523000456

Şehmus Kurtuluş

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Revisiting Jessup and the imperial origins of transnational law 重新审视杰瑟普和跨国法律的帝国起源

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-12-20 DOI: 10.1017/s0922156523000663

Michael Elliot

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Eradicating the exceptional: The role of territory in structuring international legal thought 消除例外：领土在构建国际法律思想中的作用

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-12-14 DOI: 10.1017/s0922156523000675

Gail Lythgoe

{"title":"Eradicating the exceptional: The role of territory in structuring international legal thought","authors":"Gail Lythgoe","doi":"10.1017/s0922156523000675","DOIUrl":"https://doi.org/10.1017/s0922156523000675","url":null,"abstract":"This article examines the idea of the sui generis in international law and explores how these exceptions structure international legal thought. Exceptions are useful to international law theorizing because they create easy manageable narratives which explain situations not fitting traditional paradigms, yet as a category in their own right – specifically how they are structured and how they operate – they are often undertheorized. The two examples explored in this article are sui generis actors and the concept of extraterritorial jurisdiction. I demonstrate the foundational role played by (state-)territorialized thinking in the creation of oppositional categories: state and non-state, and the non-exceptional and exceptional exercise of jurisdiction. The category of exceptions has significantly expanded from the likes of the Holy See and irregular exercise of extraterritorial jurisdiction to a broad array of actors, such as international organizations and transnational corporations, playing growing and varied roles in contemporary law-making and governance and the regular exercise of extraterritorial jurisdiction by states. Rather than continuing with this overextended category, the article argues it is instead possible, by rethinking international law’s spatial imaginary, to first, better understand the spaces of non-state actors and regularized exercise of extraterritorial jurisdiction and second, eradicate the now overstretched legal category of ‘sui generis’.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"19 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138630408","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 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict 2003年武装冲突中的非物质文化遗产公约:对冲突中文化义务的综合解读

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-12-04 DOI: 10.1017/s0922156523000572

Ashrutha Rai

{"title":"The 2003 Intangible Cultural Heritage Convention in Armed Conflict: An integrated reading of obligations towards culture in conflict","authors":"Ashrutha Rai","doi":"10.1017/s0922156523000572","DOIUrl":"https://doi.org/10.1017/s0922156523000572","url":null,"abstract":"International law today recognizes that cultural heritage includes not only tangible but also intangible cultural heritage, encompassing traditions, customs, practices, and beliefs. While protections for tangible cultural heritage have existed since at least the nineteenth century, only relatively recently has the law gone beyond piecemeal human rights protections and extended direct and specific treaty protections to intangible cultural heritage through the 2003 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. The push for this Convention was linked with broader discontent within the Global south at the prioritization of Eurocentric ‘monumentalism’ in international cultural heritage law. Nevertheless, in situations of armed conflict, the emphasis reverts to protection of tangible cultural heritage as international humanitarian law does not go beyond general civilian protections to directly address the protection of intangible cultural heritage in conflict. While the 2003 Convention provides for emergency assistance, its broadly-worded terms do not indicate the shape its other obligations would take in armed conflict or the manner in which they would interact with rules governing the conduct of hostilities. This article examines, first, the degree and extent to which the 2003 Convention’s various obligations in relation to safeguarding intangible cultural heritage circumvent de-prioritization and continue to apply in conflict; and second, the manner in which they can be integrated with rules of international humanitarian law to better protect intangible cultural heritage during active hostilities.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"32 3","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138525956","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

Exploiting the deep seabed for the benefit of humankind: A universal ideology for sustainable resource development or a false necessity? 为人类的利益开发深海海底:可持续资源开发的普遍意识形态还是虚假的必要性?

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-12-04 DOI: 10.1017/s092215652300064x

Rozemarijn J. Roland Holst

{"title":"Exploiting the deep seabed for the benefit of humankind: A universal ideology for sustainable resource development or a false necessity?","authors":"Rozemarijn J. Roland Holst","doi":"10.1017/s092215652300064x","DOIUrl":"https://doi.org/10.1017/s092215652300064x","url":null,"abstract":"A pivotal point in time has been reached in the ongoing negotiations under the auspices of the International Seabed Authority (ISA) towards the adoption of regulations for the commercial exploitation of mineral resources in the deep seabed beyond national jurisdiction. The ISA has a mandate to ensure that activities in the Area, legally designated as ‘common heritage of humankind’, are carried out for the benefit of humankind as a whole. Yet, there is a growing sense of unease with the potential imminence of the commercial exploitation phase, and concern that the implementation of all components of the common heritage principle, including its environmental and distributive ambitions, will be compromised in the interest of a handful of industry stakeholders. This article dives under the surface of these tensions by asking how the public interest in a global commons can become constructed in a way that conflates diverse and opposing interests in favour of value extraction by the private sector, revealing the ambivalent role of international law in the process. It uses the concept of ‘false necessity’ to question the apparent urgency and inevitability of commercial exploitation, more specifically to the extent it obscures and pre-empts more inclusive conceptions of ‘benefit’ for humankind. By shifting the focus from the much-debated risks of deep seabed mining to the notion of benefit, the article illuminates the inherent contradictions and distributional asymmetries obscured by the conflated yet purportedly universal conception of public interest in exploitation.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"42 3","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138525960","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 ‘ideal victim’: A cage for victims’ narratives at the International Criminal Court “理想受害者”:国际刑事法院受害者叙述的牢笼

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-12-04 DOI: 10.1017/s0922156523000651

Alessandra Cuppini

{"title":"The ‘ideal victim’: A cage for victims’ narratives at the International Criminal Court","authors":"Alessandra Cuppini","doi":"10.1017/s0922156523000651","DOIUrl":"https://doi.org/10.1017/s0922156523000651","url":null,"abstract":"Despite Article 68(3) of the Rome Statute of the International Criminal Court (ICC) granting victims an autonomous standing in proceedings, victims’ participatory rights have often been tailored to fit within the retributive structure of the trials. This contribution aims to provide a different perspective on victims’ role and their narratives in proceedings at the ICC, building upon the expressivist model of international criminal justice and focusing on a specific strand that engages with the adjudication process’s performative and communicative features. In providing a better understanding of how victims’ narrative unfolds in trials at the ICC, the article addresses two issues: how the concept of the victim is constructed at the ICC; and whether and, eventually, how this construct impedes progress in recognizing their narratives in proceedings at the ICC. Concerning the first issue, drawing on criminologist Nils Christie’s theorizing of the ‘ideal victim’, it will be observed that the construct of victims in proceedings at the ICC reflects three main attributes: weakness; innocence; and dependency. The second issue shed light on the extent to which the emphasis on the ‘ideal victim’ can serve as a tool in the hands of institutional actors at the ICC to pre-empt, constrain and subordinate victims’ narratives, in a manner that oversimplifies victimhood. To impose a particular narrative upon victims’ experiences, three main procedural mechanisms have been identified: appropriation of victims’ interests; legal representation of abstract victimhood; and exclusion from the trial of victims who do not conform to the ideal victim.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"34 5","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138542284","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

Science, epistemology and legitimacy in environmental disputes – The epistemically legitimate judicial argumentative space 环境纠纷中的科学、认识论与合法性——认识论上的司法论证空间

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-11-30 DOI: 10.1017/s0922156523000559

Katalin Sulyok

引用次数: 0