Leiden Journal of International Law最新文献_第8页

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

Coming to terms with the SDGs: A perspective from legal scholarship 接受可持续发展目标：法律学术的视角

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-02-27 DOI: 10.1017/S0922156522000838

Jaye Ellis, Dylan Edmonds

{"title":"Coming to terms with the SDGs: A perspective from legal scholarship","authors":"Jaye Ellis, Dylan Edmonds","doi":"10.1017/S0922156522000838","DOIUrl":"https://doi.org/10.1017/S0922156522000838","url":null,"abstract":"Abstract The Sustainable Development Goal’s (SDG) blueprint to global sustainability exemplifies the global governance trend towards the displacement of law by indicators. Indicators purport to produce objective measurement and comparison, a desirable trait for international public authorities that struggle to bolster the legitimacy of environmental and sustainability norms. This paper adopts a pragmatic approach to indicators by taking seriously their limitations, weaknesses, and dangers, but also their potential contributions to international sustainability objectives. We explore a reframing of the relationship between law and indicators in complementary, not adversarial, terms. Several examples of this complementarity are explored, including the potential use of the SDGs for evaluating the instrumental effectiveness of legal regimes, as well as the ways that international sustainability law supplements the SGDs by providing legal ramifications for violations of state-specific obligations. Finally, we argue that law and legal normativity make invaluable contributions to international environmental and sustainability governance, contributions that metrics and other managerial and technocratic forms of governance cannot make.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45977394","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

Developments in Canada on business and human rights: One step forward two steps back 加拿大在商业和人权方面的发展：前进一步后退两步

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-02-23 DOI: 10.1017/S0922156522000784

Penelope Simons

{"title":"Developments in Canada on business and human rights: One step forward two steps back","authors":"Penelope Simons","doi":"10.1017/S0922156522000784","DOIUrl":"https://doi.org/10.1017/S0922156522000784","url":null,"abstract":"Abstract Unlike its European counterparts, Canada appears to remain firmly entrenched in a soft approach to ensuring that Canadian extractive companies respect human rights abroad. Canada’s powerful extractive industry has been very successful in resisting attempts to introduce hard law measures to regulate their transnational conduct. This article considers business and state motivations for supporting or pursuing the shift to hard law measures in the business and human rights context. It assesses Canada’s 2022 policy on responsible business conduct and the implications of the government’s failure to endow the Canadian Ombudsperson for Responsible Enterprise with the necessary powers to engage in credible independent investigations of transnational business conduct. It also considers the potential impact of three leading cases brought in Canadian courts against Canadian extractive companies in relation to their overseas operations. The article argues that these developments may not yet be sufficient on their own to shift extractive sector views on the introduction of domestic human rights due diligence legislation. It concludes with some thoughts on the impact that the legislative developments in Europe and treaty negotiations at the United Nations may have in Canada.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43142223","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 legacy of Antônio Augusto Cançado Trindade to contemporary international law Antônio奥古斯托·坎帕拉多·特林达德对当代国际法的遗产

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-02-23 DOI: 10.1017/S0922156523000079

Patrick Robinson, Danilo B. Garrido Alves

引用次数: 0

Mandatory human rights due diligence laws in Europe: A mirage for rightsholders? 欧洲强制性人权尽职调查法：权利持有人的海市蜃楼？

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-02-22 DOI: 10.1017/S0922156522000802

S. Deva

{"title":"Mandatory human rights due diligence laws in Europe: A mirage for rightsholders?","authors":"S. Deva","doi":"10.1017/S0922156522000802","DOIUrl":"https://doi.org/10.1017/S0922156522000802","url":null,"abstract":"Abstract Mandatory human rights due diligence (HRDD) laws in the European Union (EU) – both enacted and in the making – seem to be a promising tool to harden soft international standards in the business and human rights (BHR) field, the most prominent of these being the UN Guiding Principles on Business and Human Rights (UNGPs). This article develops a two-layered critique of mandatory HRDD laws. It problematizes the very concept of HRDD as articulated by the UNGPs. I will argue that due to various conceptual, operational and structural limitations, HRDD alone will not bring the desired changes for rightsholders, because this process does not address various asymmetries of power between corporations and affected communities. The second layer of critique concerns the content of mandatory HRDD laws enacted in France, the Netherlands, Switzerland, Norway and Germany. Assessing these laws vis-à-vis six preconditions required to protect effectively people and the planet from business-related harms, it is clear that these mandatory HRDD laws are half-hearted attempts to tame business-related human rights abuses and hold the relevant corporate actors accountable. In addition to developing more ambitious mandatory HRDD laws in future, states should employ a range of additional regulatory tools that pay greater attention to achieving outcomes, drawing red lines in certain situations, and promoting access to remedy and corporate accountability.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44874818","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: 9

At war? Party status and the war in Ukraine 在战争吗?政党地位和乌克兰战争

IF 1.5 2区社会学

Leiden Journal of International Law Pub Date : 2023-02-22 DOI: 10.1017/S0922156522000760

Alexander Wentker

{"title":"At war? Party status and the war in Ukraine","authors":"Alexander Wentker","doi":"10.1017/S0922156522000760","DOIUrl":"https://doi.org/10.1017/S0922156522000760","url":null,"abstract":"Abstract Military support to Ukraine has been accompanied by debates as to when Western states would find themselves ‘at war’ with Russia. This political and legal discourse reminds us that international law needs concepts to identify who is a party to an international armed conflict. Identifying parties is crucial because the international legal regulation of armed conflict remains, in many ways, structured by reference to party status – even if the legal meaning of being a party today differs significantly from the traditional implications of being ‘at war’. To capture the increasingly complex co-operation patterns of today’s and tomorrow’s wars, this article identifies the contours for a framework of legal criteria for establishing when a state has become a party to an ongoing international armed conflict. To become a party under this framework, a state must knowingly make a contribution to the conflict that is of a character such that it is directly connected to harm caused to the adversary. That contribution must be sufficiently closely co-ordinated with fellow parties to allow for involvement in the decision-making processes regarding co-ordinated military operations. Applying these criteria to key support scenarios, as exemplified in Russia’s war against Ukraine, permits reasonable distinctions, also with a view to future conflicts. More widely, the analysis of party status may enhance our understanding of the architecture of the international legal regulation of armed conflict as a whole, and its ability to respond to the realities of contemporary conflicts.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42857134","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