Leiden Journal of International Law最新文献_第5页

LJL volume 36 issue 3 Cover and Front matter 《LJL》第36卷第3期封面和封面

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-14 DOI: 10.1017/s0922156523000419

引用次数: 0

In someone else’s words: Judicial borrowing and the semantic authority of the African Court of Human and Peoples’ Rights 用别人的话说：司法借用和非洲人权和人民权利法院的语义权威

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-07 DOI: 10.1017/s0922156523000365

Martin Lolle Christensen

{"title":"In someone else’s words: Judicial borrowing and the semantic authority of the African Court of Human and Peoples’ Rights","authors":"Martin Lolle Christensen","doi":"10.1017/s0922156523000365","DOIUrl":"https://doi.org/10.1017/s0922156523000365","url":null,"abstract":"\u0000 Since its first judgment on the merits in 2013, the African Court of Human and Peoples’ Rights (the African Court or ACtHPR) jurisprudence has bourgeoned. In building this jurisprudence, the African Court has borrowed significantly from the case law of the European Court of Human Rights and the Inter-American Court of Human Rights. This article empirically maps judicial borrowing in the jurisprudence of the African Court and connects this practice to the theoretical framing of the semantic authority of interpretive actors in international law. The article argues that judicial borrowing allows the African Court to borrow the semantic authority of these more established actors in the field of international human rights law. The practice has allowed the Court to boost its interpretive claims. The article posits that the Court is simultaneously internalizing external references: it transforms them into an internal part of its jurisprudence. Therefore, the African Court is transforming what was initially the semantic authority of its homologues in Strasbourg and San José, into assertions of its own semantic authority. This transformation allows the Court to assert itself as the central authority for the interpretation of human rights in Africa. These findings shed new light onto wider scholarly debates on the characteristics of African human rights jurisprudence in the field of international human rights law.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44365061","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

Conceptualizing legal change as ‘norm-knitting’ through the example of the environmental human right 以环境人权为例，将法律变革概念化为“规范编织”

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-04 DOI: 10.1017/s0922156523000353

Dorothea Endres

{"title":"Conceptualizing legal change as ‘norm-knitting’ through the example of the environmental human right","authors":"Dorothea Endres","doi":"10.1017/s0922156523000353","DOIUrl":"https://doi.org/10.1017/s0922156523000353","url":null,"abstract":"\u0000 Understanding law as a continuous process with circular and interacting phases of selection, construction, and reception makes it possible to account for the variety of actors and resources implicated in the process of incrementally changing a norm of international law. This process is visualized through an analogy to knitting. One can start the knitting project with one needle, but to actually construct anything, more than one needle is necessary: at least two actors need to collaborate and build upon each other’s work. If those two actors neatly agree upon the pattern to be knitted, the resulting product may be uniform and dense, able to cover all situations it is intended for. However, it is not that easy to knit in exactly the same pace and pattern. The constructed law may not fit perfectly all situations it is intended for, because the different actors may have had different patterns in their head. Also, sometimes, the wool is held too tightly, and the net becomes too dense; sometimes the wool is held too loosely, and the net will have holes. With this visualization in mind, we can think of legal changes as continuously intermingling and building upon each other: international law is generally knitted with different colours of wool, each colour representing a different normative resource. Thus, ‘norm knitting’ provides for an analytical tool that makes it possible to demonstrate the variety in ‘successful’ change of a given norm in international law in response to specific challenges which the actors face.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44631997","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

Methodology of identifying customary international law applicable to cyber activities 确定适用于网络活动的习惯国际法的方法

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-08-02 DOI: 10.1017/s0922156523000390

Ori Pomson

{"title":"Methodology of identifying customary international law applicable to cyber activities","authors":"Ori Pomson","doi":"10.1017/s0922156523000390","DOIUrl":"https://doi.org/10.1017/s0922156523000390","url":null,"abstract":"\u0000 What is striking about recent scholarship on the application of customary international law to cyber activities is how little has been dedicated to the preliminary question of how one identifies the applicability of existing rules of customary international law to cyber operations. Yet, the answer to this preliminary question holds the key to answering many of the questions which arise regarding whether existing rules of customary international law apply to cyber activities. This article seeks to answer the preliminary question. After providing background on the nature of customary international law, and in light of recent scholarly trends and what is often implied in literature on cyber activities, it makes the argument that rules of customary international law are not interpretable. Accordingly, reference must be made to state practice accepted as law for the purpose of identifying applicable customary international law; the article provides guidance on how this should be done. For a precedent of state practice to be relevant to determining the existence of a customary rule applicable to a cyber activity, pursuant to the International Court’s jurisprudence, the precedent must not have significant distinguishing features from the cyber activity concerned. For determining whether a precedent of opinio juris recognizes the existence of a customary rule applicable to the cyber activity, it is necessary to determine whether the relevant state pronouncement intended to accept as law a rule applicable thereto. In anticipation of objections, the article also addresses the practicability of the approach laid out.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43521277","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

In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law 寻找Paulus Vladimiri：佳能、接受和东欧国际法“开国元勋”的可想象性

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-06-29 DOI: 10.1017/s0922156523000328

Eric Loefflad

{"title":"In search of Paulus Vladimiri: Canon, reception, and the (in)conceivability of an Eastern European ‘founding father’ of international law","authors":"Eric Loefflad","doi":"10.1017/s0922156523000328","DOIUrl":"https://doi.org/10.1017/s0922156523000328","url":null,"abstract":"\u0000 While many international lawyers are familiar with Francisco de Vitoria (1483–1546), very few have even heard of Paulus Vladimiri (1370–1435) – a Polish priest and jurist who made striking similar arguments to Vitoria on legal universality and the rights of non-Christians a full century before Vitoria. This divergence of consciousness, I argue, provides a unique opportunity to explore questions of canon, reception, and the role of ‘founding fathers’ within international legal thought. Centring Vladimiri as an ‘Eastern European’ figure, I argue that his non-reception is largely the result of how Eastern Europe implicitly functions as a distinctly liminal space within international legal thought that makes any possible ‘founding father’ from this region immensely difficult to imagine. I examine this dynamic through the differing postwar efforts of the Polish jurists Kazimierz Grzybowski and C. H. Alexandrowicz to include Vladimiri within the international legal canon. In examining the background structures of twentieth-century international law, I conclude that, in a manner directly connected to the liminality of Eastern Europe, neither Soviet nor Third World nor Western imaginations could easily receive Vladimiri within their fundamentally political narratives of normative order that shaped their international legal approaches. However, despite this historic non-reception, I argue that Vladimiri, and the question of Eastern Europe more generally, holds great promise in our current global moment. Particularly, engaging Eastern Europe’s liminal character offers a more sociologically grounded alternative to the reductionist Schmittian view of international law as a product of inescapable conflict in a world of exclusionary ‘greater spaces’.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43933477","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

Emancipating human rights: Capitalism and the common good 解放人权:资本主义与共同利益

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-06-29 DOI: 10.1017/s0922156523000316

M. Salomon

{"title":"Emancipating human rights: Capitalism and the common good","authors":"M. Salomon","doi":"10.1017/s0922156523000316","DOIUrl":"https://doi.org/10.1017/s0922156523000316","url":null,"abstract":"\u0000 This article begins with a study of the political economy of welfare capitalism to demonstrate how the private quest for profit was never going to be undermined by the advance of socio-economic rights. Contrary to the conventional view among human rights lawyers, capital draws power from its rights or welfarism. It is in recognizing the role that socio-economic rights play in serving capitalism that the field of international law concerned with structurally transformative human rights can begin to explore how socio-economic rights inhibit alternative forms of social organization. This work then turns to recovering property rights through a study of recent evictions and housing rights case law of the UN Committee on Economic, Social and Cultural Rights that problematizes structural inequities and calls the financialized capitalist system into question. Next this work investigates radical legal positivism in international indigenous rights jurisprudence for how it transcends the private ownership of indigenous lands and control over the means of production. The social function of property rights is then revisited and extended, drawing to a close an article that unearths how socio-economic rights might yet emancipate people from capitalist property relations, alter the underlying structure of the economy, and, in time, sever its concordance with the capitalist welfare state.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44285279","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

A coherence framework for fact-finding before the International Court of Justice 国际法院实况调查的连贯框架

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-06-09 DOI: 10.1017/s0922156523000286

J. Devaney

引用次数: 0

Beyond rhetoric: Interrogating the Eurocentric critique of international criminal law’s selectivity in the wake of the 2022 Ukraine invasion 超越修辞:质疑以欧洲为中心的对2022年乌克兰入侵后国际刑法选择性的批评

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-06-06 DOI: 10.1017/s0922156523000237

Patryk I. Labuda

{"title":"Beyond rhetoric: Interrogating the Eurocentric critique of international criminal law’s selectivity in the wake of the 2022 Ukraine invasion","authors":"Patryk I. Labuda","doi":"10.1017/s0922156523000237","DOIUrl":"https://doi.org/10.1017/s0922156523000237","url":null,"abstract":"\u0000 Russia’s full-blown invasion of Ukraine has reinvigorated the debate over international criminal law’s selectivity. While many have welcomed the renewed interest in accountability for international crimes in the wake of the ‘Ukraine moment’, others have emphasized double standards in the enforcement of international criminal law, including a lack of accountability for Western violations and disproportionate attention to European victims. This article interrogates the master narratives about international criminal law’s post-Ukraine selectivity and complicates accusations of bias by emphasizing Ukraine’s liminal status in the global order and the cross-border nature of aggression as an explanatory factor for differentiated responses from states. It suggests that concerns about an invidious ‘Ukraine effect’ on international criminal law enforcement are less persuasive after the International Criminal Court’s decade-long conflict with the African Union, and that a decentring of investigations to Eurasia should be construed not only as a moment of soul-searching but also as a welcome opportunity to rebalance the scales of justice. The article encourages international criminal law stakeholders to move beyond critique that unwittingly essentializes Eurocentric assumptions and to devise a more compelling vision of global criminal law enforcement that challenges crimes and inequalities both between and within states.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57442974","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

Mapping interpretation by the International Criminal Court 国际刑事法院对地图的解释

2区社会学

Leiden Journal of International Law Pub Date : 2023-05-25 DOI: 10.1017/s0922156523000225

Stewart Manley, Pardis Moslemzadeh Tehrani, Rajah Rasiah

引用次数: 0

Responses of international legal academia to the Russian invasion of Ukraine 国际法学界对俄罗斯入侵乌克兰的反应

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-05-24 DOI: 10.1017/S0922156523000304

Anna Marhold

引用次数: 0