International & Comparative Law Quarterly最新文献_第2页

DEMOCRATIC STATE, AUTOCRATIC METHOD: THE REFORM OF HUMAN RIGHTS LAW IN THE UNITED KINGDOM 民主国家，专制方法：联合王国的人权法改革

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-21 DOI: 10.1017/s0020589323000441

Merris Amos

{"title":"DEMOCRATIC STATE, AUTOCRATIC METHOD: THE REFORM OF HUMAN RIGHTS LAW IN THE UNITED KINGDOM","authors":"Merris Amos","doi":"10.1017/s0020589323000441","DOIUrl":"https://doi.org/10.1017/s0020589323000441","url":null,"abstract":"On 22 June 2022 the Bill of Rights Bill to replace the Human Rights Act 1998 was introduced to the United Kingdom (UK) Parliament. Just over a year later, it was withdrawn. This was not a minor update, as claimed by the Conservative government, but a wholesale revision of a fundamental feature of UK constitutional arrangements. Given that the UK has no codified constitution, it is not out of the ordinary for constitutional change to proceed via ordinary Act of Parliament. But what was unusual was the informal methods used by the government in its attempt to push through its bill of rights. Searching for a word or phrase to capture what happened over this time in the UK is difficult, not only because of the absence of a conventional method for constitutional change. Most scholarship focuses on formal rather than informal processes for amendment. The purpose of this article is therefore to make a contribution towards filling this gap by introducing the phrase ‘autocratic method’ to describe a particular method of constitutional change as opposed to its substance. Using existing scholarship, and examples from other States, a preliminary definition and essential features of the autocratic method are set out. Further detail is gained through a study of the attempted replacement of the Human Rights Act. Whilst the Bill of Rights Bill is no longer going ahead, this episode in UK constitutional history contains important lessons not just for the UK but for any State embarking on a process of constitutional change.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"73 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138826425","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 REBELLION OF CONSTITUTIONAL COURTS AND THE NORMATIVE CHARACTER OF EUROPEAN UNION LAW 宪法法院的反叛与欧盟法律的规范性

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-18 DOI: 10.1017/s0020589323000519

Csongor Istvan Nagy

引用次数: 0

THE TERRITORIAL REACH OF EUROPEAN UNION LAW: A PRIVATE INTERNATIONAL LAW ENQUIRY INTO THE EUROPEAN UNION'S SPATIAL IDENTITY 欧盟法律的领土范围：对欧盟空间身份的国际私法探究

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-14 DOI: 10.1017/s0020589323000465

Toni Marzal

{"title":"THE TERRITORIAL REACH OF EUROPEAN UNION LAW: A PRIVATE INTERNATIONAL LAW ENQUIRY INTO THE EUROPEAN UNION'S SPATIAL IDENTITY","authors":"Toni Marzal","doi":"10.1017/s0020589323000465","DOIUrl":"https://doi.org/10.1017/s0020589323000465","url":null,"abstract":"This article offers a reconstruction of how the Court of Justice of the European Union (EU) justifies the territorial scope of application of EU law. Scholarship on this issue tends to advocate for an expansive projection of EU norms in the pursuit of global values, subject to the external limits of public international law. This article will develop a critique of this approach by pointing to its underlying assumptions as to the territorial dimension of the EU's rule, the insoluble practical issues that it leads to, and the need to consider differently the EU's spatial identity and relation to the wider world. It will also be argued that, in fact, other case law sometimes already reflects an alternative vision, by imagining the EU implicitly, not as a ‘global actor’ promoting universal values, but as a concretely situated and spatially bounded community. It will be shown that this is so with the methodological help of private international law, and in particular three doctrines that are traditional to this discipline—the localisation of cross-border relations, international imperativeness, and the public policy exception. This will ultimately allow for a more sophisticated understanding of the EU's territory to emerge—irreducible to the physical coordinates of its acts of intervention, or the mere sum of the physical spaces under Member State sovereignty, but as a distinct space of social relations, informed and delineated by the particular axiology and structure of the EU legal system.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"33 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138630242","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

REGULATING TRANSNATIONAL DISSIDENT CYBER ESPIONAGE 规范持不同政见者的跨国网络间谍活动

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-12 DOI: 10.1017/s0020589323000532

Siena Anstis

{"title":"REGULATING TRANSNATIONAL DISSIDENT CYBER ESPIONAGE","authors":"Siena Anstis","doi":"10.1017/s0020589323000532","DOIUrl":"https://doi.org/10.1017/s0020589323000532","url":null,"abstract":"Remote-access cyber espionage operations against activists, dissidents or human rights defenders abroad are increasingly a feature of digital transnational repression. This arises when State or State-related actors use digital technologies to silence or stifle dissent from human rights defenders, activists and dissidents abroad through the collection of confidential information that is then weaponized against the target or their networks. Examples include the targeting of Ghanem Al-Masarir (a Saudi dissident living in the United Kingdom), Carine Kanimba (a United States–Belgian dual citizen and daughter of Rwandan activist Paul Rusesabagina living in the United States) and Omar Abdulaziz (another Saudi dissident living in Canada) with NSO Group's mercenary spyware. This practice erodes human rights, democracy and the rule of law and has a negative impact on targeted communities, including social isolation, self-censorship, the fragmentation and impairment of transnational political and social advocacy networks, and psychological and social harm. Despite this, international law does little to restrain this practice. Building on momentum around the regulation of mercenary spyware and transnational repression, this article elaborates on how States could consider regulating dissident cyber espionage and streamlines a unified approach among ratifying States addressing issues such as State immunity, burden of proof, export control and international and public–private sector collaboration.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"41 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138575987","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

CYBER OPERATIONS AND THE STATUS OF DUE DILIGENCE OBLIGATIONS IN INTERNATIONAL LAW 网络行动与国际法中尽职调查义务的地位

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-11 DOI: 10.1017/s0020589323000489

Jack Kenny

引用次数: 0

‘THE TRANSIENT FOREIGNER’: RESTRICTIONS ON CITIZENSHIP ACQUISITION IN CHILE AND COLOMBIA FOR THOSE SAID TO BE ‘PASSING THROUGH’ 短暂的外国人"：智利和哥伦比亚对 "过客 "获取公民身份的限制

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-11 DOI: 10.1017/s0020589323000477

Juan Pablo Ramaciotti, Jo Shaw

{"title":"‘THE TRANSIENT FOREIGNER’: RESTRICTIONS ON CITIZENSHIP ACQUISITION IN CHILE AND COLOMBIA FOR THOSE SAID TO BE ‘PASSING THROUGH’","authors":"Juan Pablo Ramaciotti, Jo Shaw","doi":"10.1017/s0020589323000477","DOIUrl":"https://doi.org/10.1017/s0020589323000477","url":null,"abstract":"This article explores the constitutional regulation of birthright ius soli citizenship in two Latin American countries which restrict access to citizenship for the children of foreigners deemed to be passing through the countries. Access to citizenship is a significant marker of membership, setting the boundaries of inclusion and exclusion within and across States. Choosing the cases of Chile and Colombia, this article uses historical, institutional and comparative analysis in order to excavate the evolving conceptions of citizenship in those two countries, with particular reference to the concepts of the ‘transient foreigner’ and of ‘domicile’. The case studies provide an excellent laboratory within which to examine the evolution of constitutional ideas of citizenship and ‘the people’. In Colombia, the outcome of the investigation shows that there is unlikely to be significant long-term change in the citizenship regime towards a more generalised acceptance of unconditional ius soli, notwithstanding the substantial shorter-term measures taken to accommodate the children of undocumented migrants from Venezuela and to respond to international pressure. In Chile, combined with other ongoing constitutional work in the citizenship space as part of a wider reform process, there may be a slow journey towards a different constitutional future for so-called ‘transient foreigners’ and others excluded within the State, but this is currently stalled. Chile has, however, introduced legislation cementing a more limited concept of ‘transient foreigner’, linking this work on citizenship to the wider domain of migration governance.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"66 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138569436","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

COMPARING ENVIRONMENTAL LAW SYSTEMS 比较环境法体系

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-12-11 DOI: 10.1017/s0020589323000453

Jorge E. Viñuales

引用次数: 0

‘EQUITY’ IN THE PANDEMIC TREATY: THE FALSE HOPE OF ‘ACCESS AND BENEFIT-SHARING’ 大流行病条约中的“公平”:“获取和惠益分享”的虚假希望

2区社会学

International & Comparative Law Quarterly Pub Date : 2023-10-06 DOI: 10.1017/s0020589323000350

Abbie-Rose Hampton, Mark Eccleston-Turner, Michelle Rourke, Stephanie Switzer

引用次数: 0

THE STATUS OF GAZA AS OCCUPIED TERRITORY UNDER INTERNATIONAL LAW 根据国际法，加沙作为被占领领土的地位

2区社会学

International & Comparative Law Quarterly Pub Date : 2023-10-05 DOI: 10.1017/s0020589323000349

Safaa Sadi Jaber, Ilias Bantekas

{"title":"THE STATUS OF GAZA AS OCCUPIED TERRITORY UNDER INTERNATIONAL LAW","authors":"Safaa Sadi Jaber, Ilias Bantekas","doi":"10.1017/s0020589323000349","DOIUrl":"https://doi.org/10.1017/s0020589323000349","url":null,"abstract":"Abstract The traditional effective control test for determining the existence of a belligerent occupation requires boots on the ground. However, the evolution of the international law of occupation and the emergence of complex situations, particularly of a technological nature, necessitate a functional approach that protects the rights of occupied populations. The political, historical and geographical conditions of Gaza allow Israel to exert effective remote control. Despite the disengagement of Israel from Gaza in 2005 and the assumption of military and political authority by Hamas, this article argues that Israel nonetheless continues to be in effective occupation of the Gaza Strip on the basis of the following grounds: (1) the relatively small size of Gaza in connection with the technological superiority of the Israeli air force allows Israeli boots to be present in Gaza within a reasonable response time; (2) Hamas's authority and armed resistance do not impede the status of occupation; (3) the long pre-disengagement occupation and close proximity between Israel and Gaza (geography) allow for the remote exercise of effective control; and (4) all imports, exports in and out of Gaza, and any movement of persons are fully controlled and regulated by Israel.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135481740","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

COMMON ARTICLE 1 OF THE GENEVA CONVENTIONS AND THE METHOD OF TREATY INTERPRETATION 《日内瓦公约》共同第1条及条约解释方法

2区社会学

International & Comparative Law Quarterly Pub Date : 2023-10-05 DOI: 10.1017/s0020589323000337

Lawrence Hill-Cawthorne

{"title":"COMMON ARTICLE 1 OF THE GENEVA CONVENTIONS AND THE METHOD OF TREATY INTERPRETATION","authors":"Lawrence Hill-Cawthorne","doi":"10.1017/s0020589323000337","DOIUrl":"https://doi.org/10.1017/s0020589323000337","url":null,"abstract":"Abstract In its updated Commentaries on the 1949 Geneva Conventions, the International Committee of the Red Cross (ICRC) embraces the ‘external’ interpretation of Article 1 common to the four Geneva Conventions, according to which States have certain negative (complicity-type) and positive (prevention/response) obligations to ‘ensure respect’ for the Conventions by other actors. This interpretation has been gaining support since the 1960s, though the ICRC's new Commentaries have served as a catalyst for some States recently to express contrary views. This article focuses on two major methodological shortcomings in the existing literature, offering a much firmer foundation for the external obligation under common Article 1. First, it demonstrates the overwhelming support in subsequent practice for external obligations. Previous studies have failed to explain the method by which this practice is taken into account, given the existence of some inconsistent practice. This article addresses this general question of treaty interpretation, critiquing the approach of the International Law Commission that relegates majority practice to supplementary means of interpretation and proposing instead a principled approach that better fits and justifies the judicial practice here. Secondly, the article challenges two common assumptions about the travaux : first, that an original, restrictive meaning was intended, and secondly that the travaux of Additional Protocol I offer no support for external obligations. Given the ubiquity of military assistance and partnering, these findings have far-reaching consequences for the liability of States.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134975722","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