International & Comparative Law Quarterly最新文献_第7页

ILQ volume 72 issue 1 Cover and Back matter ILQ第72卷第1期封面和封底

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/s0020589322000549

引用次数: 0

A BIDIRECTIONAL ANGLO-GERMAN COMPARISON OF CONSIDERATION IN CONTRACT LAW 英德合同法中对价的双向比较

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/S0020589322000513

John Ungerer

引用次数: 0

THE ILLEGALITY OF FISHING VESSELS ‘GOING DARK’ AND METHODS OF DETERRENCE 渔船“变黑”的违法行为及震慑方法

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/s0020589322000525

Priyal Bunwaree

引用次数: 1

AN INTERNATIONAL LAW PRINCIPLE OF NON-REGRESSION FROM ENVIRONMENTAL PROTECTIONS 环境保护不倒退的国际法原则

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/S0020589322000483

A. Mitchell, J. Munro

{"title":"AN INTERNATIONAL LAW PRINCIPLE OF NON-REGRESSION FROM ENVIRONMENTAL PROTECTIONS","authors":"A. Mitchell, J. Munro","doi":"10.1017/S0020589322000483","DOIUrl":"https://doi.org/10.1017/S0020589322000483","url":null,"abstract":"Abstract A principle that prohibits States from weakening their domestic levels of environmental protection continues to emerge at varying speeds within international trade, investment and environmental law. This article explores the principle's diverse history, rationale and legal expression in each of these domains and finds that its various articulations in different international treaties suffer the same shortfalls and deficiencies. Non-regression clauses may leave the complexities and nuances of implementing environmental protections unaddressed, including identifying and measuring when a regression has occurred and balancing these environmental protections with other legitimate policy and environmental measures. As these clauses are increasingly subject to investor–State and State–State dispute procedures, States expose themselves to heightened liability for changes to their environmental laws, even where those changes might be legitimate and reasonable. The particular emergence of this principle in environmental law offers treaty-makers an opportunity to clarify the rights of States to derogate from otherwise narrowly drafted clauses that require them to maintain their level of environmental protection strictly.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"72 1","pages":"35 - 71"},"PeriodicalIF":2.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47880569","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

CHARACTERISATION AND CHOICE OF LAW FOR KNOWING RECEIPT 知收法律的特征与选择

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/S002058932200046X

Adeline Chong

引用次数: 0

ILQ volume 72 issue 1 Cover and Front matter ILQ第72卷第1期封面和封面问题

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/s0020589322000537

引用次数: 0

SECURING COMPATIBILITY OF CARBON BORDER ADJUSTMENTS WITH THE MULTILATERAL CLIMATE AND TRADE REGIMES 确保碳边界调整与多边气候和贸易体制的兼容性

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/S0020589322000501

Gracia Marín Durán

{"title":"SECURING COMPATIBILITY OF CARBON BORDER ADJUSTMENTS WITH THE MULTILATERAL CLIMATE AND TRADE REGIMES","authors":"Gracia Marín Durán","doi":"10.1017/S0020589322000501","DOIUrl":"https://doi.org/10.1017/S0020589322000501","url":null,"abstract":"Abstract The European Union (EU) is contemplating the adoption of a carbon border adjustment mechanism (CBAM), which would extend its domestic carbon price to emissions that are produced outside its borders but are embodied into its imports of carbon-intensive commodities. In doing so, the EU is testing the boundaries of permissible unilateral action at the interface of international climate and trade law. However, the question of whether the proposed CBAM is compatible with these two multilateral legal regimes is yet to be addressed in an integrated manner. This article seeks to fill this gap in the scholarship and makes two main arguments. First, the CBAM as presently designed does not respect the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC) and needs to be adjusted through two forms of differential treatment: a full exemption for least-developed countries and Small Island Developing States and the use of CBAM-generated revenue to support decarbonisation efforts in other affected developing countries. Secondly, this CBDRRC-based differentiation should be permissible under WTO law on the grounds that it does not amount to discrimination between countries where the same conditions prevail.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"72 1","pages":"73 - 103"},"PeriodicalIF":2.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41785182","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

THE COLONIALITY OF INTERNATIONAL INVESTMENT LAW IN THE COMMONWEALTH CARIBBEAN 国际投资法在英联邦加勒比地区的殖民性

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI: 10.1017/S0020589322000495

Jason Haynes, A. Hippolyte

引用次数: 1

NON-FORCIBLE MEASURES AND THE LAW OF SELF-DEFENCE 非强制性措施与自卫法

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2022-12-02 DOI: 10.1017/s0020589322000471

R. Buchan

引用次数: 0

THE RECOGNITION OF OCCUPATIONAL SAFETY AND HEALTH AS A FUNDAMENTAL PRINCIPLE AND RIGHT AT WORK 承认职业安全和健康是工作中的一项基本原则和权利

IF 2 2区社会学

International & Comparative Law Quarterly Pub Date : 2022-11-21 DOI: 10.1017/S0020589322000446

G. Politakis

{"title":"THE RECOGNITION OF OCCUPATIONAL SAFETY AND HEALTH AS A FUNDAMENTAL PRINCIPLE AND RIGHT AT WORK","authors":"G. Politakis","doi":"10.1017/S0020589322000446","DOIUrl":"https://doi.org/10.1017/S0020589322000446","url":null,"abstract":"Abstract In June 2022, the International Labour Organization (ILO) decided to amend the 1998 Declaration on Fundamental Principles and Rights at Work in order to include the right to a safe and healthy working environment among the core labour rights to which member States are committed by virtue of their membership. The amendment marks the successful completion of three years of negotiations initiated in response to the 2019 Centenary Declaration by which the ILO's tripartite constituency recognized that safe and healthy working conditions were fundamental to decent work. Adding occupational safety and health as a fifth pillar to the 1998 Declaration was generally welcomed as a commendable development although critics may still assert that as a soft law instrument the amended Declaration may not have decisive impact on workplace safety and health globally. Despite broad agreement about the timeliness and importance of recognizing occupational safety and health as a fundamental workers’ right—especially in light of the pandemic experience—concerns were raised about the possible implications of the amended Declaration on existing trade agreements, and in particular whether it would create, directly or indirectly, new obligations for member States. This article looks into the origins and negotiating history of the amendment to the 1998 Declaration and addresses the scope and legal effect of a saving clause by which the Conference sought to ensure that the amended Declaration would not impact obligations and commitments of States set out in labour provisions of free trade agreements currently in force and would not be subject to dynamic interpretation in the context of a trade dispute.","PeriodicalId":47350,"journal":{"name":"International & Comparative Law Quarterly","volume":"72 1","pages":"213 - 232"},"PeriodicalIF":2.0,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44774501","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