Leiden Journal of International Law最新文献

{"title":"The fragmentation of international investment and tax dispute settlement: A good idea?","authors":"Javier García Olmedo","doi":"10.1017/S0922156522000814","DOIUrl":"https://doi.org/10.1017/S0922156522000814","url":null,"abstract":"Abstract The international investment and tax law regimes are undergoing a process of significant reforms that seek to address existing shortcomings of the mechanisms used for the resolution of investment and tax treaty disputes. These reforms show that policymakers are gradually adopting a fragmented approach towards dispute settlement in both fields, with the establishment of different and unco-ordinated mechanisms. This article argues that, instead of fragmenting investment and tax dispute settlement, states should consider establishing a more unified and coherent framework in order to more adequately mitigate the concerns raised in each field.","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":"44763493","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":"Remembering Judge Cançado Trindade’s voice, faith, and integrity","authors":"Fernando Lusa Bordin","doi":"10.1017/s0922156523000067","DOIUrl":"https://doi.org/10.1017/s0922156523000067","url":null,"abstract":"Judge Antônio Augusto Cançado Trindade was a giant in the field of public international law. His career ticked almost every box one can think of – he was a beloved teacher and mentor with an influential list of publications, a legal advisor to the Brazilian government, a judge in two international courts, a member of the Institut de Droit international, and a frequent lecturer at, and member of the Curatorium of, the Hague Academy of International Law. I suspect that many students from Brazil, Latin America, and other parts of the Global South will have shared my own experience of looking up to him in awe and feeling proud that one of us went so far. There is much to be said about Judge Cançado’s accomplishments, but what I propose to do in this brief tribute is to offer some personal reflections about three attributes that, I think, make him a source of inspiration for the generations of international lawyers that succeed him. First, Judge Cançado had a truly unique voice. His writings, both as an academic and as a judge, reflected an intellectual attitude that was both fiercely independent and eclectic. In an interview that he gave to students at the University of Brasília shortly after his election to the International Court of Justice, he described himself as a ‘free thinker’ who believed that people should be allowed to search, unencumbered, for answers to the questions they encounter in their personal and professional lives.1 That sheds light on his readiness to express principled disagreement without feeling overburdened by institutional expectations; on the dynamic conception of law that he espoused, under which international law is approached as a creative and purposive endeavour rather than a mechanistic order that can be reduced to the will of states; and on the eclecticism of his legal reasoning, which was peppered with references to extra-legal sources, most notably literary works, deployed not only as metaphors and illustrations but also as ‘elements for having an answer’ for questions that conventional legal argument does not exhaust.2 At the same time, for all his playfulness, Judge Cançado took the task of offering substantive justifications for legal propositions very seriously. In his own words, ‘a judgment has to reason and to persuade’, for ‘[i]f the parties are not persuaded that that is what the law is, they’ll not abide by the judgment’.3","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":"43110134","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 choice before us: International law or a ‘rules-based international order’?","authors":"J. Dugard","doi":"10.1017/S0922156523000043","DOIUrl":"https://doi.org/10.1017/S0922156523000043","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48929049","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":"National climate litigation and the international rule of law","authors":"A. Buser","doi":"10.1017/S0922156522000772","DOIUrl":"https://doi.org/10.1017/S0922156522000772","url":null,"abstract":"Abstract This article assesses the implications of national climate litigation for what is termed ‘the international rule of law’. Starting from the finding that the current international climate treaty regime lacks several elements of an international rule of law, such as legal bindingness, clarity, and justiciability, the author explores what national courts contribute to filling these gaps. Deviating from a linear progression narrative, which is prevalent in existing literature, this article provides a more nuanced and complex picture. Whereas successful climate litigation is hardly imaginable without reliance on internationally agreed-upon facts – such as reports by the Intergovernmental Panel on Climate Change and global average temperature levels deemed ‘dangerous’ – doctrinally decisions do not represent a turn toward a stricter rule of international climate law. Instead of applying and progressively developing climate treaties, courts thus far have primarily used these provisions only to develop national constitutional law and regional human rights law. The created system of highly contextual national rule(s) of climate law is a fragmented one which is regionally limited to a few states predominantly located in Western Europe. Consequently, it is a far cry from a truly global rule of international climate law.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45387557","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 game of cat and mouse: Human rights protection and the problem of corporate law and power","authors":"C. Villiers","doi":"10.1017/S0922156522000632","DOIUrl":"https://doi.org/10.1017/S0922156522000632","url":null,"abstract":"Abstract Human rights violations by corporations are widespread and have a broad spectrum: damage to people’s health through pollution, environmental accidents and health and safety failures, forced labour or child labour, underpaid workers, displaced communities, contaminated water sources, use of excessive force, and discrimination, for example by race, gender or sexuality. Corporate violence, resulting from a long history of corporate power and colonialism continues today as corporations have grown into powerful global conglomerates. Through complex and opaque multinational groups and supply chains, use of corporate law concepts such as the corporate veil, as well as other actions such as tax avoidance and lobbying of national and international political institutions, corporate actors remain free to pursue their goals. Despite efforts to combat corporate harm through the development of a business and human rights movement success has been limited and significant gaps remain in the global governance required to ensure protection. This article argues that, similar to a cat and mouse game, corporations find new ways to defend themselves against those seeking to dismantle their power or to prevent human rights infringements. The problem is rooted in structural and systemic inequalities within the international legal framework and in company laws that maintain corporate structures that obstruct the human rights movement’s progress. The current drive towards a more sustainable business agenda requires a just transition, including transformation of global and corporate structures to tackle human rights violations and the inequalities of power and wealth that facilitate such violations.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47053353","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":"Tom Ginsburg, Democracies and International Law, Cambridge University Press, 2021, 329pp, £29.99 (hb) doi: 10.1017/9781108914871","authors":"C. Pippan","doi":"10.1017/S092215652200084X","DOIUrl":"https://doi.org/10.1017/S092215652200084X","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42437088","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":"Sinja Graf , The Humanity of Universal Crime. Inclusion, Inequality, and Intervention in International Political Thought, Oxford University Press, 2021, 256pp, £47.99","authors":"L. Corrias","doi":"10.1017/s0922156522000851","DOIUrl":"https://doi.org/10.1017/s0922156522000851","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45549941","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 1 Cover and Front matter","authors":"","doi":"10.1017/s0922156523000018","DOIUrl":"https://doi.org/10.1017/s0922156523000018","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43996817","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 1 Cover and Back matter","authors":"","doi":"10.1017/s092215652300002x","DOIUrl":"https://doi.org/10.1017/s092215652300002x","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42658524","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":"From migration crisis to migrants’ rights crisis: The centrality of sovereignty in the EU approach to the protection of migrants’ rights","authors":"Alan Desmond","doi":"10.1017/S0922156522000759","DOIUrl":"https://doi.org/10.1017/S0922156522000759","url":null,"abstract":"\u0000 The long-simmering process of sidelining and side-stepping migrants’ rights protection while attempting to regulate cross-border movement of people was heated up by the 2015 migration crisis and has recently been brought to the boil with the crisis-fuelled adoption of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) in 2018. The GCM represents an endorsement at the international level of soft-law, goal-setting frameworks for international co-operation on migration as it pertains to migrants’ rights, and a corresponding disavowal of any role for binding legal obligations in this field. Focusing on the EU, I argue in this article that states’ sovereign powers in the realm of control of non-EU migration have been largely undiluted by the development of the international system of human rights protection. I show how the 2015 migration crisis galvanized multilateral international co-operation on the part of the EU and its member states in the field of non-EU migration in a way that entrenched EU states’ sovereign self-interest by institutionalizing a soft-law approach, thereby producing a crisis from the perspective of migrants’ rights protection. I also argue, however, that the migration crisis facilitated a resurgence of state sovereignty in the EU to the detriment not only of migrants’ rights, but also of internal EU co-operation and co-ordination. Finally, I suggest that in times of crisis supranational courts are particularly susceptible to being recruited to EU states’ rights-restrictive approach to international migration.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46556464","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}