European Journal of International Law最新文献

The Progressive Development of International Law on the Return of Stolen Assets: Mapping the Paths Forward 关于返还被盗资产的国际法的逐步发展：绘制前进之路

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-09-09 DOI: 10.1093/ejil/chae042

Cecily Rose

{"title":"The Progressive Development of International Law on the Return of Stolen Assets: Mapping the Paths Forward","authors":"Cecily Rose","doi":"10.1093/ejil/chae042","DOIUrl":"https://doi.org/10.1093/ejil/chae042","url":null,"abstract":"The return of stolen assets represents a ‘fundamental principle’ of the United Nations Convention against Corruption (UNCAC). The convention’s inclusion of a chapter on asset recovery was considered a groundbreaking achievement at the time of the treaty’s conclusion in 2003. The treaty negotiations concerning these provisions, however, were highly controversial, and the discussions did not benefit from a substantial body of practical experience concerning the return of stolen assets. In the 20 years since the treaty’s conclusion, states have acquired some experience with asset return, and the gaps and limitations in UNCAC’s regime governing asset recovery have become apparent. Article 57 of UNCAC, concerning asset return and disposal, exemplifies the need for progressive development of international asset recovery laws. Article 57 requires ‘updating’ or supplementation because the provision does not adequately address major recurrent issues, such as the recipients, use and monitoring of returned assets; the transparency of the asset return process; and the participation of civil society in the process. Normative development could involve formal law reform, within the UNCAC legal framework, but it could also involve more informal legal change, outside of the UNCAC regime. The Global Forum on Asset Recovery represents an important example of legal change that raises issues of both accountability and effectiveness.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"6 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142221777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

A Deeper Understanding of the Constitutional Status of Māori and Their Rights Required: A Reply to Christian Riffel 深入理解毛利人的宪法地位及其所需的权利：答复克里斯蒂安-里费尔

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-06-28 DOI: 10.1093/ejil/chae028

Claire Charters

{"title":"A Deeper Understanding of the Constitutional Status of Māori and Their Rights Required: A Reply to Christian Riffel","authors":"Claire Charters","doi":"10.1093/ejil/chae028","DOIUrl":"https://doi.org/10.1093/ejil/chae028","url":null,"abstract":"In his recent article, Christian Riffel makes the important argument that New Zealand’s free trade agreements (FTAs) with the European Union and the United Kingdom constitute a form of constitutional law-making. However, in my view, Riffel misconstrues Māori rights under domestic and international law and associated context and law. He does not take sufficiently seriously the unique right of Indigenous peoples to self-determination and, in relation to Māori specifically, to tino rangatiratanga under New Zealand’s founding constitutional document, te Tiriti o Waitangi. This means that Indigenous peoples have rights to exercise public and governance power alongside a state. In this way, Indigenous peoples’ rights are fundamentally and qualitatively different from other minorities or groups in New Zealand and must not be conflated. There are several consequences that result from Riffel’s omission. For example, Riffel’s argument that Indigenous peoples’ rights under the FTAs challenge democracy does not adequately address Indigenous peoples’ rights to govern or the state’s legally questionable claim to sovereignty. I have some other less fundamental gripes. For example, Riffel’s comments on whether Māori in this field have considered the importance of the ‘Māori provisions’ is somewhat condescending.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"40 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141508329","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

Constitutional Law-making by International Law: The Indigenization of Free Trade Agreements 通过国际法制定宪法：自由贸易协定的本土化

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-06-24 DOI: 10.1093/ejil/chae027

Christian Riffel

引用次数: 0

Revisiting Röling and Cassese’s Appraisal of the Tokyo Tribunal 重新审视罗林和卡塞塞对东京法庭的评价

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-06-02 DOI: 10.1093/ejil/chae026

Kirsten Sellars

引用次数: 0

Is Imitation Really Flattery? The UK’s Trade Continuity Agreements: A Reply to Joris Larik 模仿真的是奉承吗？英国的贸易连续性协议：答复约里斯-拉里克

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-03-20 DOI: 10.1093/ejil/chae012

Emanuel Castellarin

引用次数: 0

Textbooks as Markers and Makers of International Law: A Brazilian Case Study 教科书是国际法的标记和制定者：巴西案例研究

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-03-14 DOI: 10.1093/ejil/chae007

Luíza Leão Soares Pereira, Fabio Costa Morosini

{"title":"Textbooks as Markers and Makers of International Law: A Brazilian Case Study","authors":"Luíza Leão Soares Pereira, Fabio Costa Morosini","doi":"10.1093/ejil/chae007","DOIUrl":"https://doi.org/10.1093/ejil/chae007","url":null,"abstract":"This article challenges conventional views of international law textbooks as mere instructional tools and explores them as powerful sites for shaping knowledge and the discipline. Drawing on empirical methods and critical theory, we analyse the 10 main international law textbooks used in Brazil and conduct interviews with their authors to illuminate the textbooks’ complexities and their potential for shaping the discipline and the profession. The article delves into the tension between the structure of international law as depicted in the textbooks and the agency of their authors, investigating the authors’ identities and backgrounds. Brazil serves as a compelling case study due to its numerous international law textbooks and their widespread use. Our results indicate a predominant universalist approach in Brazilian textbooks and their connection to the French international law tradition. Moreover, the study sheds light on the Brazilian ‘invisible college’ of international lawyers, revealing gender and racial disparities and institutional centralities. It also uncovers crucial omissions in the textbooks, such as the relationship of international law to colonialism, slavery, race, gender and economic inequality. Overall, this study offers a comprehensive understanding of international law as a field in Brazil and provides a valuable methodological framework for future research on textbooks’ role in shaping the discipline.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"390 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140147302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

Epistemic Blind Spots, Misconceptions and Stereotypes: The Home Birth Jurisprudence of the European Court of Human Rights 认识盲点、误解和成见：欧洲人权法院的家庭生育判例

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-02-17 DOI: 10.1093/ejil/chae002

Fleur van Leeuwen

{"title":"Epistemic Blind Spots, Misconceptions and Stereotypes: The Home Birth Jurisprudence of the European Court of Human Rights","authors":"Fleur van Leeuwen","doi":"10.1093/ejil/chae002","DOIUrl":"https://doi.org/10.1093/ejil/chae002","url":null,"abstract":"This article offers a critical feminist reading of the home birth jurisprudence of the European Court of Human Rights. The aim is to shed light on the gender sensitivity of the Court in its legal reasoning and knowledge production. Since its first decision on the permissibility of a blanket de facto home birth ban in the case of Ternovszky v. Hungary in 2010, the Court has given five judgments on the matter, including a Grand Chamber decision in the case of Dubska and Krejzova v. Czech Republic. The author finds that the Court applies an overtly restrictive obstetric narrative of childbirth without situating its controversial epistemic basis. In doing so, the Court reinforces a rationale that is linked to loss of agency and disempowerment of persons in childbirth and reproduces harmful stereotypes. The article highlights bias in knowledge formation and (re)production at the Court in addressing cases of home birth. The findings in this article add to feminist inquiries of international human rights adjudication, specifically in regard to knowledge formation, knowledge production and stereotyping as well as to literature on the Court’s gender sensitivity.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"162 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139903307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board 三角恋？绘制国际人权机构、Meta 及其监督委员会之间的互动图

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2024-01-04 DOI: 10.1093/ejil/chad062

Anna Sophia Tiedeke, Martin Fertmann

{"title":"A Love Triangle? Mapping Interactions between International Human Rights Institutions, Meta and Its Oversight Board","authors":"Anna Sophia Tiedeke, Martin Fertmann","doi":"10.1093/ejil/chad062","DOIUrl":"https://doi.org/10.1093/ejil/chad062","url":null,"abstract":"Three years ago, the Oversight Board commenced its work ‘to make principled, independent, and binding decisions … based on respect for freedom of expression and human rights’ for Meta’s platforms Facebook and Instagram. From the very beginning, the vocabulary employed to talk about the Oversight Board was laden with court metaphors. Wary that these metaphors have stirred legal analysis into a specific direction, we move away from trying to fit the Oversight Board within established institutional categories. Instead, we shift the focus from institutions to interactions – that is, to the ‘in-between’. Rather than continuing to debate what the Oversight Board is, we focus on what the Oversight Board does. Our study maps different stages and modes of interaction between Meta, the Oversight Board and international human rights institutions. We show how different actors carefully craft entry points for constructing their respective semantic authority and what kind of strategies they pursue to contest semantic authority of others. Thereby, we uncover the first traces of emerging conversations between Meta, the Oversight Board and international human rights institutions and highlight who is included and excluded and who refuses to participate or to respond. With our intervention, we intend to offer empirically grounded insights into the dynamics at play and paint a more detailed picture of the various roles that novel actors, such as Meta and the Oversight Board, are beginning to assume in the protection of international human rights online.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"26 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139374188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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

Christian J. Tams, Review of Tommaso Soave, The Everyday Makers of International Law: From Great Halls to Back Rooms Christian J. Tams, Review of Tommaso Soave, The Everyday Makers of International Law：从大厅到密室

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2023-12-22 DOI: 10.1093/ejil/chad065

C. Tams

引用次数: 0

Imitation as Flattery: The UK’s Trade Continuity Agreements and the EU’s Normative Foreign Policy 模仿即奉承：英国的贸易连续性协议与欧盟的规范性外交政策

IF 1.2 3区社会学

European Journal of International Law Pub Date : 2023-12-16 DOI: 10.1093/ejil/chad063

Joris Larik

{"title":"Imitation as Flattery: The UK’s Trade Continuity Agreements and the EU’s Normative Foreign Policy","authors":"Joris Larik","doi":"10.1093/ejil/chad063","DOIUrl":"https://doi.org/10.1093/ejil/chad063","url":null,"abstract":"This article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be an important part of the Brexiteers’ narrative. What the UK was compelled to do first, however, was to conclude ‘roll-over’ agreements to replace the trade agreements already made by the EU. This article posits that, contrary to expectations, the UK’s continuity programme should be regarded as a success – for both the UK and the EU. In most cases, the UK managed to replicate to a very large extent the terms originally granted to the EU, despite being a smaller market and despite challenging circumstances. From the EU’s perspective, the UK’s continuity programme can be regarded as a case of successful norm internalization and export. This first chapter of post-Brexit UK trade policy shows that even a country that has left the EU still legally commits itself and its partners to the EU’s norms and values. Hence, the EU should welcome the UK’s imitation as a shared normative basis to expand cooperation with its former member state in a challenging geopolitical environment.","PeriodicalId":47727,"journal":{"name":"European Journal of International Law","volume":"28 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2023-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138692588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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