Leiden Journal of International Law最新文献_第4页

Andrew Fitzmaurice, King Leopold’s Ghostwriter: The Creation of Persons and States in the Nineteenth Century, Princeton University Press, 2021, 592pp, ISBN: 9780691148694, $39.95 安德鲁·菲茨莫里斯:《利奥波德国王的代笔人:19世纪人与国家的创造》，普林斯顿大学出版社，2021年，592页，ISBN: 9780691148694, 39.95美元

2区社会学

Leiden Journal of International Law Pub Date : 2023-11-08 DOI: 10.1017/s0922156523000584

Matilde Cazzola

引用次数: 0

Chien-Huei Wu, Law and Politics on Export Restrictions: WTO and Beyond, Cambridge University Press, 2021, ISBN 9781108953566 (e-pub), doi:10.1017/9781108953566 吴建慧，《出口限制的法律与政治:WTO及以后》，剑桥大学出版社，2021,ISBN 9781108953566(电子pub)， doi:10.1017/9781108953566

2区社会学

Leiden Journal of International Law Pub Date : 2023-11-03 DOI: 10.1017/s0922156523000626

Vasyl Chornyi

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Between commodification and data protection: Regulatory models governing cross-border information transfers in regional trade agreements 在商品化和数据保护之间:区域贸易协定中管理跨境信息转移的监管模式

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-20 DOI: 10.1017/s092215652300050x

Magdalena Słok-Wódkowska, Joanna Mazur

{"title":"Between commodification and data protection: Regulatory models governing cross-border information transfers in regional trade agreements","authors":"Magdalena Słok-Wódkowska, Joanna Mazur","doi":"10.1017/s092215652300050x","DOIUrl":"https://doi.org/10.1017/s092215652300050x","url":null,"abstract":"Abstract The subject of this analysis is the role that regional trade agreements (RTAs) play in balancing between personal data commodification and protection of privacy and personal data, approached from the perspective of Karl Polanyi’s theory of double movement. We analyse provisions on cross-border information transfers and data protection in order to establish the models for balancing between the ideas of personal data commodification and social protection, understood as allowing for the use of measures that ensure privacy and personal data protection. Our analysis indicates that there are two general models concerning the liberalization of cross-border information transfers: one model restricts states’ ability to restrict data flows while the other is more open to such measures. Next, we identify three primary models governing how data protection is treated in the agreements that liberalize data flows: one that is based on the inclusion of substantive standards of protection in the content of the given agreement; one that uses international standards as a proxy for establishing certain level of protection; and one that is based on national data protection laws. Combining identified models of liberalizing data flows with identified models of ensuring data protection allows us to show that the inclusion of seemingly similar provisions on cross-border data transfers in various RTAs has resulted in developing several different models for balancing between commodification of personal data and data protection.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135571213","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

States as bystanders of legal change: Alternative paths for the human rights to water and sanitation in international law 作为法律变革旁观者的国家:在国际法中实现享有水和卫生设施的人权的其他途径

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-16 DOI: 10.1017/s0922156523000535

Nina Reiners

{"title":"States as bystanders of legal change: Alternative paths for the human rights to water and sanitation in international law","authors":"Nina Reiners","doi":"10.1017/s0922156523000535","DOIUrl":"https://doi.org/10.1017/s0922156523000535","url":null,"abstract":"Abstract This article argues for international legal change in human rights as a consequence of a states-as-bystander effect: When states do neither actively drive nor block change processes, and alternative state-empowered authorities exist in a legal field, states’ position at the sidelines opens a path for non-state actors to enact substantive change. In human rights law, this is a process they route through General Comments, a powerful instrument of the human rights treaty bodies to set, expand, and redefine standards for global human rights. This article bears its core argument of a states-as-bystander effect by taking a single norm, the necessity of water for human life, and tracing its change process from non-existent in human rights law, to a non-right, to a condition for other rights, and, finally, to the recognition of water and sanitation as independent rights at the international level. Ultimately, the analysis shows that non-actors can enact change to law, and do so, on the heels of states’ relegation to the periphery of the human rights system. This opened the door for certain actors – transnational coalitions of expert body members, human rights advocates and issue professionals – to use General Comments in a way that not only impacts international legal change but can also withstand state opposition.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136112914","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

Leaning from the steep slope: On coherence in response to Professor Jean d’Aspremont 从陡坡上倾斜:论对让·阿斯普雷蒙特教授的回应的连贯性

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-16 DOI: 10.1017/s0922156523000511

James Gerard Devaney

引用次数: 0

Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law? 武装冲突中LGBTQIA+权利的保护:如何(以及是否)将国际刑法中的迫害罪“酷”化?

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-10 DOI: 10.1017/s0922156523000523

Aneta Peretko

{"title":"Protection of LGBTQIA+ rights in armed conflict: How (and whether) to ‘queer’ the crime against humanity of persecution in international criminal law?","authors":"Aneta Peretko","doi":"10.1017/s0922156523000523","DOIUrl":"https://doi.org/10.1017/s0922156523000523","url":null,"abstract":"Abstract The discrimination faced every day by LGBTQIA+ individuals does not disappear during armed conflict. On the contrary, such persons have been, and continue to be, targeted for particularly heinous human rights violations due to their sexual orientation and/or gender identity. And while international human rights law has, in the last two decades, made significant leaps in prohibiting discrimination on these grounds, international criminal law lags behind. The Rome Statute of the International Criminal Court only criminalizes persecution, an extreme form of discrimination, on grounds of gender and other grounds universally recognized in international law rather than on grounds of sexual orientation or gender identity. In the absence of clear textual criminalization of queer persecution, this article argues international law can be queerly reinterpreted to fit sexual orientation and gender identity into the confines of ‘gender’. However, while acknowledging the normative and expressive gains that could come from using international criminal law to pursue queer persecution, this article also notes the costs, including the flattening of queer discrimination into the narrow rubric of gender and suppressing its more radical principles. Therefore, while concluding international criminal law can be queerly reinterpreted, this article expresses doubts as to whether, in fact, it should.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136357207","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 dark legacy of Nuremberg: Inhumane air warfare, judicial desuetudo and the demise of the principle of distinction in International Humanitarian Law 纽伦堡的黑暗遗产:不人道的空战、司法不公和国际人道主义法中区别原则的消亡

2区社会学

Leiden Journal of International Law Pub Date : 2023-10-02 DOI: 10.1017/s0922156523000377

Jochen von Bernstorff, Enno L. Mensching

{"title":"The dark legacy of Nuremberg: Inhumane air warfare, judicial <i>desuetudo</i> and the demise of the principle of distinction in International Humanitarian Law","authors":"Jochen von Bernstorff, Enno L. Mensching","doi":"10.1017/s0922156523000377","DOIUrl":"https://doi.org/10.1017/s0922156523000377","url":null,"abstract":"Abstract On its seventy-fifth anniversary last year, the Nuremberg war crime trials moved again into the spotlight of public attention. To the present day, Nuremberg is mainly portrayed as the birth of international criminal law being the first tribunal that held individuals accountable for war crimes committed during the Second World War. As we argue in this article, there is an often-overseen dark legacy of Nuremberg as it represents an unused opportunity to establish accountability for inhumane military practices, especially in air warfare, being of tragic influence for the postwar development of International Humanitarian Law (IHL) as a whole. Going beyond the existing criticism already voiced on Nuremberg’s shortcomings, we hold that the Tribunal’s reluctance to prosecute bombing practices sowed the seeds for the decay of IHL by creating institutionalized silences, especially for massive violations of the principle of distinction. The tribunal thereby sidelined pre-war IHL and infected the development of post-war IHL by retroactively legitimating the bombing practices of the Axis powers and at least indirectly of the Allies. We argue that the failure to prosecute ‘total war’-practices and reestablish former restrictive legal structures regarding aerial bombardment has fundamentally eroded the pre-war meaning of the principle of distinction leading to its downfall in the First Additional Protocol to the Geneva Convention of 1977. We describe these developments as a form of judicial desuetudo, meaning the abrogation of a rule through its subsequent non-enforcement by an international court during and after massive law violations because of perceived or real political constraints.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135895223","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 ‘imbroglio’ of ecocide: A political economic analysis 生态灭绝的“纠葛”:政治经济分析

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-26 DOI: 10.1017/s0922156523000468

Eliana Cusato, Emily Jones

{"title":"The ‘imbroglio’ of ecocide: A political economic analysis","authors":"Eliana Cusato, Emily Jones","doi":"10.1017/s0922156523000468","DOIUrl":"https://doi.org/10.1017/s0922156523000468","url":null,"abstract":"Abstract In this article we adopt a political economic lens to analyse the revival of the concept of ecocide in present international legal scholarship and practice. The current campaign to codify the crime of ecocide under international criminal law represents the epitome of a problem-solving approach, which conceives of the law as external to society and as a corrective to its evils. Yet, a large body of critical literature has drawn attention to the constitutive role of international law and to the problems with its depoliticized approach when it comes to tackling global injustices. We build upon this diverse scholarship to illuminate how the technical, acontextual, and ahistorical legal debate on the codification of ecocide ends up normalizing the violent structures of extractive capitalism and its hierarchies. Further, we situate the proposed crime within the wider context of how international law regulates and constitutes the natural world. Drawing on critiques of sustainable development and of business and human rights discourse, we argue that the ‘imbroglio’ of ecocide, in its current legal definition, lies in presenting ecological preservation and devastation as simultaneously legitimate aims. The article ultimately raises the question of the role of international law in progressive political agendas, a question that could not be more pressing in times of entangled socio-ecological-economic disruptions.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134960802","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

Legal technologies: Conceptualizing the legacy of the 1923 Hague Rules of Aerial Warfare 法律技术:对1923年《海牙空战规则》遗产的概念化

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-25 DOI: 10.1017/s0922156523000493

Christiane Wilke, Helyeh Doutaghi

{"title":"Legal technologies: Conceptualizing the legacy of the 1923 <i>Hague Rules of Aerial</i> Warfare","authors":"Christiane Wilke, Helyeh Doutaghi","doi":"10.1017/s0922156523000493","DOIUrl":"https://doi.org/10.1017/s0922156523000493","url":null,"abstract":"Abstract Many contemporary armed conflicts are shaped by the reliance on airstrikes using traditional fighter planes or remotely piloted drones. As accounts of civilian casualties from airstrikes abound, the ethics and legality of individual airstrikes and broader targeting practices remain contested. Yet these concerns and debates are not new. In fact, a key attempt to regulate aerial warfare was made 100 years ago. In this article, we approach the regulation of aerial warfare through an examination of the 1923 Hague Draft Rules of Aerial Warfare and the contemporary scholarly discussion of these rules. While the Draft Rules have never been converted into a treaty, they embody logics of thinking about civilians, technologies of aerial warfare, and targeting that are still resonating in contemporary discussions of aerial warfare. This article argues for a contextualized understanding of the Draft Rules as an attempt to adapt International Humanitarian Law (IHL) to the new technological realities while maintaining distinctions between different kinds of spaces and non-combatants. We argue that the Draft Rules prefigure later debates about the legality of aerial bombing by tacitly operating with a narrow understanding of the civilian and by offering a range of excuses and justifications for bombing civilians.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135817666","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 chivalric pursuit of coherence in international law 对国际法一致性的骑士式追求

2区社会学

Leiden Journal of International Law Pub Date : 2023-09-25 DOI: 10.1017/s0922156523000481

Jean d’Aspremont

引用次数: 0