Leiden Journal of International Law最新文献_第7页

Seizing stateless smuggling vessels on the Mediterranean High Seas 在地中海公海扣押无国籍走私船只

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-28 DOI: 10.1017/s092215652300016x

T.A.C. Coventry

{"title":"Seizing stateless smuggling vessels on the Mediterranean High Seas","authors":"T.A.C. Coventry","doi":"10.1017/s092215652300016x","DOIUrl":"https://doi.org/10.1017/s092215652300016x","url":null,"abstract":"\u0000 The EUNAVFOR MED anti-smuggling mission, Operation Sophia, ended in March 2020 and is largely viewed to have failed in its objective of ‘disrupting the business model’ of migrant smugglers in the Mediterranean region. The mission relied on purported enforcement powers in the 1982 United Nations Convention on the Law of the Sea and the 2000 Migrant Smuggling Protocol to seize and destroy stateless smuggling vessels on the high seas. Despite repeated claims to such powers by the European Union, neither treaty provides a strong jurisdictional basis for seizing stateless smuggling vessels outside territorial waters. However, ambiguous drafting in the Migrant Smuggling Protocol viably permits some claims to extraterritorial enforcement jurisdiction over stateless smuggling vessels on the high seas, and the European Union has relied on this ambiguity to tackle migrant smuggling. This article argues that the recent European Union anti-smuggling operations, most notably Operation Sophia, have reinterpreted the ambiguous term ‘appropriate measures’ in the Migrant Smuggling Protocol as permitting the states parties to exercise enforcement jurisdiction over stateless smuggling vessels at sea.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43053745","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

(Il)legitimacy of international intellectual property regime? (二)国际知识产权制度的合法性?

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-27 DOI: 10.1017/S0922156523000146

Gürkan Çapar

{"title":"(Il)legitimacy of international intellectual property regime?","authors":"Gürkan Çapar","doi":"10.1017/S0922156523000146","DOIUrl":"https://doi.org/10.1017/S0922156523000146","url":null,"abstract":"Abstract The recent Covid-19 global health crisis not only brings into sharp relief the current problems afflicting the international intellectual property regime (IIPR) but also calls into question its legitimacy as an international authority. Against this backdrop, the article aims to launch an investigation into the legitimacy of the IIPR, as an international co-ordinative authority, designed to protect IP rights without prejudice to international trade norms. Drawing on Raz’s service conception of authority, it explores whether the IIPR lives up to its promises by enabling co-ordination between states over IP rights without undermining the initial balance on which it is founded, struck between developing and developed countries, as well as between international protection of IP- cum-trade rights and domestic regulatory autonomy. It does so by classifying the historical evolution of the IIPR under three different phases: (i) its foundation, (ii) before, and (iii) after the TRIPS-plus. Upon showing the legitimacy challenges inherent in its undemocratic foundation, the article points to the success of the regime in finding a balance between conflicting interests before the TRIPS-plus era. Later, it underlines the many challenges that come with linking the IIPR to the investment regime and argues that the FTAs and frequent regime-shifting activities put further pressure on the authority and legitimacy of the regime. Stressing the importance of democratic participation for the legitimacy of any co-ordinative authority, the article casts doubt on the IIPR’s legitimacy and concludes by raising some points to overcome the ongoing legitimacy challenges.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"721 - 747"},"PeriodicalIF":1.5,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47529656","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

Ableism in the college of international lawyers: On disabling differences in the professional field 国际律师学院的异化：论职业领域的异化差异

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-24 DOI: 10.1017/S0922156523000171

Lys Kulamadayil

引用次数: 0

Election hacking, the rule of sovereignty, and deductive reasoning in customary international law 选举黑客、主权规则和习惯国际法中的演绎推理

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-24 DOI: 10.1017/S0922156523000092

S. Wheatley

{"title":"Election hacking, the rule of sovereignty, and deductive reasoning in customary international law","authors":"S. Wheatley","doi":"10.1017/S0922156523000092","DOIUrl":"https://doi.org/10.1017/S0922156523000092","url":null,"abstract":"\u0000 This article considers the international laws applicable to irresponsible state behaviour in cyberspace through the lens of the problem of election hacking. The rule of sovereignty has taken centre stage in these discussions and is said to be preferred to the non-intervention rule because it evades the problem of coercion. Proponents of the cyber rule of sovereignty contend that there is such a rule; opponents reject the existence of the rule as a matter of existing law. The objective here is to explore the methodologies involved in the identification of the cyber rule of sovereignty under customary international law. The work first frames the debate in the language of regulative and constitutive rules, allowing us to show that a regulative rule of sovereignty can, logically, and necessarily, be deduced from the constitutive rule of sovereignty. The content of the regulative rule can also be deduced from the constitutive rule of sovereignty, but it has a more limited scope than claimed by the proponents of the rule, notably the Tallinn Manual 2.0. The rule of sovereignty prohibits state cyber operations carried out on the territory of the target state and remote cyber operations which involve the exercise of sovereign authority on that territory, e.g., police evidence-gathering operations. The rule of sovereignty does not, however, prohibit other remote, ex situ state cyber operations, even those targeting ICTs used for governmental functions, including the conduct of elections. The rule of sovereignty is not, then, the solution to the problem of election hacking.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"675 - 698"},"PeriodicalIF":1.5,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43288814","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

Inside the treaty interpreter’s mind: An experimental linguistic approach to international law 条约解释者的内心：国际法的实验语言学方法

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-24 DOI: 10.1017/S0922156523000134

B. Pirker, Izabela Skoczeń

{"title":"Inside the treaty interpreter’s mind: An experimental linguistic approach to international law","authors":"B. Pirker, Izabela Skoczeń","doi":"10.1017/S0922156523000134","DOIUrl":"https://doi.org/10.1017/S0922156523000134","url":null,"abstract":"Abstract One particularly intense critical debate over interpretation in international law concerns the role of moral factors – specifically, the degree to which such factors influence legal interpretation, and how the law should deal with them. A formalist approach argues that moral considerations should be excluded as non-legal; a critical legal studies approach suggests they are an inevitable part of the functioning of international law and must therefore be acknowledged; and an inclusivist approach would suggest their influence is permissible, albeit only under certain circumstances. In this article, we are concerned with the question of whether moral factors influence interpretation at all, taking international treaties as the object of study. To address this question, we take a novel approach, proposing an experimental linguistic framework to test whether linguistic categorizations (originally developed for the analysis of everyday language) can be successfully applied to treaty interpretation, relying on both laypersons and experts as participants. Although some caveats must be made, the experiments deliver clear results: both groups are influenced by morals in their interpretation of international treaty norms. On this basis, we draw conclusions regarding (i) how the process of interpretation of international law operates; and (ii) what the institutions managing that process, such as courts, should factor-in when deliberating their decisions. By adopting this novel perspective, we also contribute to linguistic and experimental approaches to international law at the methodological level.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"519 - 548"},"PeriodicalIF":1.5,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46052457","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: 1

Conferences of the Parties beyond international environmental law: How COPs influence the content and implementation of their parent treaties 超越国际环境法的缔约方会议:缔约方会议如何影响其母条约的内容和执行

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-04-24 DOI: 10.1017/S0922156523000110

S. Rioseco

{"title":"Conferences of the Parties beyond international environmental law: How COPs influence the content and implementation of their parent treaties","authors":"S. Rioseco","doi":"10.1017/S0922156523000110","DOIUrl":"https://doi.org/10.1017/S0922156523000110","url":null,"abstract":"Abstract Conferences of the Parties (COPs) are intergovernmental meetings established by treaties to review and promote the implementation of their provisions. The literature on COPs is limited and almost exclusively based on multilateral environmental agreements. The article departs from this scholarship to show that COPs are now present in different areas of international law and to discuss some of the ways in which these bodies influence the conventions that establish them. In particular, it considers how COPs affect the content and the implementation of their parent treaties. The article focuses on the bodies established by four treaties selected as case studies: the WHO Framework Convention on Tobacco Control; the Convention for the Protection and Promotion of the Diversity of Cultural Expressions; the Convention on Cluster Munitions; and the United Nations Convention against Corruption. Based on the examination of the normative decisions adopted by these organs, the article argues that COPs’ activities (i) specify and develop the content of their parent treaties by setting procedural and substantive standards that states parties must meet to comply with their obligations; and (ii) support the implementation of their parent treaties by seeking to strengthen their social and political position, facilitating the adoption of measures by states parties. COPs pursue this second goal by building momentum in favour of the implementation of their treaties, stigmatizing their adversaries, and connecting their conventions with established international legal narratives.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"699 - 719"},"PeriodicalIF":1.5,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43079533","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 relevance of the African regional human rights system in the urban age 非洲区域人权制度在城市时代的相关性

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-03-27 DOI: 10.1017/S0922156523000122

M. Pieterse

引用次数: 0

Prometheus caged: The exiling of Napoleon and the Law of Nations, 1814–1821 囚禁中的普罗米修斯:拿破仑的流放和《国际法》，1814-1821

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-03-23 DOI: 10.1017/S0922156523000055

Adam Rowe

引用次数: 0

Digital evidence and fair trial rights at the International Criminal Court 国际刑事法院的数字证据和公平审判权

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-03-20 DOI: 10.1017/S0922156523000031

María de Arcos Tejerizo

引用次数: 0

From soft law to hard law in business and human rights and the challenge of corporate power 从软法到硬法在商业和人权以及企业权力的挑战

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-03-06 DOI: 10.1017/S0922156522000826

S. Joseph, J. Kyriakakis

引用次数: 2