Leiden Journal of International Law最新文献

{"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":null,"pages":null},"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}

{"title":"A coherence framework for fact-finding before the International Court of Justice","authors":"J. Devaney","doi":"10.1017/s0922156523000286","DOIUrl":"https://doi.org/10.1017/s0922156523000286","url":null,"abstract":"\u0000 It is the task of the International Court of Justice to establish the operative facts from which to draw normative conclusions in all contentious cases that come before it. This task, however, is complicated where those facts necessitate engagement with specialized epistemic fields other than law such as science. Drawing on legal theory and epistemology I propose a coherence framework for the establishment of the facts in such cases. In essence, this means that the Court need not show that its factual determinations have been established beyond all doubt, nor even that they satisfy a certain standard of probability. Rather, what the Court must show is that a factual determination it has made has been arrived at through a rational process and that it is coherent. The coherence framework also has both descriptive and normative value as it both maps neatly on to the current (best) practice of the Court and provides a justification for why it should operate this way in the future.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47604080","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}

{"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":null,"pages":null},"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}

{"title":"Mapping interpretation by the International Criminal Court","authors":"Stewart Manley, Pardis Moslemzadeh Tehrani, Rajah Rasiah","doi":"10.1017/s0922156523000225","DOIUrl":"https://doi.org/10.1017/s0922156523000225","url":null,"abstract":"Abstract This article is one of very few attempts to empirically measure legal interpretation. It maps the application of eleven interpretation elements (good faith, ordinary meaning, object and purpose, etc.) in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) across ten International Criminal Court case studies. The elements were coded for identity and sequence of element, and amount of text used in applying each element. The mapping and analysis reveal, among other things, that the application of the VCLT across cases is markedly inconsistent and, in some instances, opaque and arguably unjustifiable. The results suggest, at least based on this small sample, that the ICC’s current practice of applying the accommodating, flexible methodology of the VCLT may be inconsistent with the requirement of strict construction in Article 22 of the Rome Statute, and that even when strict construction does not technically apply, a more systematic, transparent, and robust approach should nevertheless still be followed.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134996622","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}

{"title":"Responses of international legal academia to the Russian invasion of Ukraine","authors":"Anna Marhold","doi":"10.1017/S0922156523000304","DOIUrl":"https://doi.org/10.1017/S0922156523000304","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43992807","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}

{"title":"The 2022 Russian intervention in Ukraine: What is its impact on the interpretation of jus contra bellum?","authors":"Olivier Corten, Vaios Koutroulis","doi":"10.1017/s0922156523000249","DOIUrl":"https://doi.org/10.1017/s0922156523000249","url":null,"abstract":"\u0000 This article examines the precedential value of Russia’s ‘special military operation’ against Ukraine in February 2022 for the purpose of interpreting the rules of jus contra bellum. Following the methodology set down by the ICJ in its Nicaragua judgment, self-defence is identified as the legal basis explicitly invoked by Russia in order to justify its operation in Ukraine. The authors then examine closely the reactions by third states with respect to the legality of Russia’s military operation and establish that the legal arguments put forth by Russia – including, more specifically, an innovative reading of the right to self-defence of entities unilaterally recognized as states – have been overwhelmingly rejected by third states. On that basis, the authors conclude that this precedent does not challenge the established understanding of the prohibition to use force in international relations and of its exceptions.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47830954","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}

{"title":"The social field of international adjudication: Structures and practices of a conflictive professional universe","authors":"T. Soave","doi":"10.1017/S0922156523000213","DOIUrl":"https://doi.org/10.1017/S0922156523000213","url":null,"abstract":"Abstract The modern professional world of international adjudication bears little trace of the ‘invisible college’ theorized by Oscar Schachter 50 years go. Instead, it has become a social field marked by a fierce competition among actors possessing unequal skills and influence. Moving from these premises, this article unravels the socio-professional dynamics of the community of legal experts – judges, arbitrators, government agents, private counsel, court bureaucrats, specialized academics, etc. – dealing with the judicial settlement of international disputes on a daily basis. On the one hand, the community has developed a specific set of social structures, practices, and dispositions that distinguish it from the rest of the international legal profession and insulate its activities from outside interference. On the other, it is the site of an endless struggle among its participants, who deploy various forms of capital to consolidate their positions relative to one another. Having outlined the twofold structure of the community – externally autonomous and internally conflictive – the article reflects on how co-operation and competition affect the everyday unfolding of international judicial proceedings and the production of legal outcomes at the international level.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47253857","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}

{"title":"Judge Antônio Augusto Cançado Trindade: An unwavering quest for international justice and for the universalization and humanization of international law","authors":"A. Yusuf","doi":"10.1017/S0922156523000080","DOIUrl":"https://doi.org/10.1017/S0922156523000080","url":null,"abstract":"On 29 May 2022, our eminent colleague Antônio Augusto Cançado Trindade passed away in Brasilia, Brazil, after an extended illness. The International Court of Justice lost a unique and singular judge who was profoundly committed to justice among nations big and small, to the protection of the dignity of human beings whatever may be their station in life, and to the safeguarding of humanity and its home planet. International law lost one of its most distinguished, most productive, and most creative scholars. I lost a dear friend whom I had known for almost 50 years, and for whom I always had a lot of affection and admiration. Antônio Augusto Cançado Trindade was born in Belo Horizonte, Brazil, in 1947. He obtained his first degree in law from the Federal University of Minas Gerais (UFMG), where he initially developed his interest in international law. He decided to pursue this interest at the University of Cambridge, UK, where he obtained a Master’s degree and a PhD in international law. His doctoral thesis on the application of the rule of exhaustion of local remedies in international law was awarded the Yorke prize. It was also a prelude to his plentiful writing on international law as the thesis consisted of two volumes and 1,700 pages. It was later published by Cambridge University Press (1983, 443 pages) and has since become a work of reference in this area.1 This was not, however, his first book. He published his Fundamentos jurídicos dos direitos humanos, which reflected his life-long passion for human rights, in 1969 in Brazil.2 He went on to publish, before his death, 78 books and more than 790 articles and other publications, thus becoming one of the most prolific writers on international law in the twentieth and early twenty-first centuries. Having completed his studies in Cambridge, UK, Cançado Trindade went back to Brazil where he was appointed professor of public international law at the University of Brasilia in 1978, and a year later at the Rio Branco diplomatic academy where he taught several generations of Brazilian lawyers and diplomats. From then onwards, he devoted his life to the study, teaching and dissemination of international law and to the promotion and protection of human rights. For him the two were intrinsically intertwined, since, in his view, the ultimate purpose of law, and of international law in particular, was the protection of human rights and the promotion of human welfare. His career was thus marked by a constant endeavour for the humanization of international law.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46278178","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}

{"title":"LJL volume 36 issue 2 Cover and Front matter","authors":"","doi":"10.1017/s0922156523000262","DOIUrl":"https://doi.org/10.1017/s0922156523000262","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45116891","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}

{"title":"LJL volume 36 issue 2 Cover and Back matter","authors":"","doi":"10.1017/s0922156523000274","DOIUrl":"https://doi.org/10.1017/s0922156523000274","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49112688","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}