American Journal of International Law最新文献

{"title":"Confronting Apartheid: A Personal History of South Africa, Namibia and Palestine. By John Dugard. Auckland Park, South Africa: Jacana Media, 2018. Pp. 312. Index.","authors":"R. Falk","doi":"10.1017/ajil.2022.44","DOIUrl":"https://doi.org/10.1017/ajil.2022.44","url":null,"abstract":"exclude a reference to Katyn was made. Nikitchenko wrote a separate and dissenting opinion. Or, rather, he filed a separate and dissenting opinion that had been written for him, in whole or in part. The issues that so troubled the Vishinsky Commission were actually not that important. The Soviet judge argued for conviction of the three defendants whom the other judges had voted to acquit, Schacht, Von Papen, and Fritzche. He also contended that Hess deserved a death sentence. Nikitchenko’s disagreement with the majority appeared to be essentially about the assessment of the facts. Nevertheless, there was also a legal dispute, although Nikitchenko did not directly call attention to it. Nikitchenko considered that Rudolf Hess and Hjalmar Schacht were responsible for various acts of persecution, including racial attacks directed against Jews, that had taken place during the 1930s prior to the outbreak of the war. Rudolf Hess, explained Nikitchenko, was an advocate of the Nazi “master race” theory who had signed the Nuremberg laws in 1935 and legislation extending them to Austria in 1938. The majority judgment adopted a restrictive reading of the definition of crimes against humanity and rejected any criminal liability for acts perpetrated prior to the outbreak of the war. Hirsch dispenses with the traditional bibliography, replacing it with a bibliographic essay highlighting the most useful materials. It is positive in tone, dealing with less adequate sources by omission rather than dismissing them with criticism. She also helpfully discusses the primary sources, going out of her way to thank the generosity of Russian archivists. Archival research is by its very nature somewhat hit and miss. Scholars may know of relevant materials that remain inaccessible but there are also sources whose existence is unknown and whose discovery may depend on serendipity. The more open the sources, the greater the likelihood of discoveries that change our understanding of history. There is certainly more to be written and researched on the Nuremberg trial, with unexploited sources for all four of the participating states. Documents in Russia probably exist that can help provide answers to some of the questions that remain. However, their availability to scholars may be dependent on political decisions. For example, several years ago the relatives of victims of the Katyn massacre were denied access to certain of Moscow’s files on the ground of national security. Their challenge went as far as Strasbourg and the European Court of Human Rights, but they were unsuccessful. In any event, with the expulsion of Russia from the Council of Europe even that avenue is now blocked. Russian resistance to release of the materials confirms the fact that important information from that period remains hidden from view. For researchers like Francine Hirsch, further study of Russia’s engagement with international criminal law, and with public international law more generally, may prove","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"906 - 914"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49542385","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":"Ukraine, Open-Source Investigations, and the Future of International Legal Discourse","authors":"Henning Lahmann","doi":"10.1017/ajil.2022.52","DOIUrl":"https://doi.org/10.1017/ajil.2022.52","url":null,"abstract":"Abstract Russia's aggression against Ukraine has brought into focus the growing significance of open-source information for international legal processes. Enabled by novel digital technologies, civil society actors have seized the opportunity provided by the vast amount of publicly available evidence to counter-narrate Russia's pretexts to justify its invasion within the deliberative bodies of the United Nations. This Essay explains the potential of this emerging practice to influence international legal discourse by increasing the costs for actors who base their conduct on false factual claims.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"810 - 820"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45727109","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":"Outcasting the Aggressor: The Deployment of the Sanction of “Non-participation”","authors":"M. Buscemi","doi":"10.1017/ajil.2022.60","DOIUrl":"https://doi.org/10.1017/ajil.2022.60","url":null,"abstract":"Abstract This Essay explores the sanction of “non-participation,” which has been used against Russia following the start of the war in Ukraine. After mapping out the multifaceted instances of Russia's exclusion from international organizations, the analysis considers the legality of measures adopted that do not have an explicit basis in institutional rules. The Essay concludes with broad reflections on the use of international organizations as platforms to stigmatize and isolate the violator and outlines some consequences and functions that the sanction of “non-participation” has today.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"764 - 774"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45850093","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":"In Defense of Comparisons: Russia and the Transmutations of Imperialism in International Law","authors":"Anastasiya Kotova, Ntina Tzouvala","doi":"10.1017/ajil.2022.48","DOIUrl":"https://doi.org/10.1017/ajil.2022.48","url":null,"abstract":"Abstract While Western imperialism played a crucial role in the creation of modern international law, it is ever more important to analyze the engagements of non-Western imperialist powers with the field so as to comprehend the changing global patterns of legalized violence and expansionism. In this Essay, we analyze Russia's international legal arguments in support of its use of force against Ukraine through the lens of inter-imperial rivalry. In so doing, we call for strict scrutiny of the deployments of jus ad bellum equally by all imperial powers.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"710 - 719"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48032339","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":"Imagining Justice for Syria. By Beth Van Schaack. New York: Oxford University Press, 2020. Pp. xv, 476. Index.","authors":"Alfred de Zayas","doi":"10.1017/ajil.2022.45","DOIUrl":"https://doi.org/10.1017/ajil.2022.45","url":null,"abstract":"international law professor also engaged in lawyering as a vocational option that serves the public good while respecting the constraints of professionalism. The fact that most academicians and lawyers tend to follow the money, serve the powerful, and are guardians of the established order is a choice not a matter foreclosed by normal career ambitions. John Dugard’s life story conveys to readers that it is possible to have the satisfactions of an extraordinary career yet “confront” (his word) the starkest evils of the day. I suspect that at some layer of consciousness, natural law precepts inform such a pattern of ethically accountable life choices. Why only a select few are so oriented remains a mystery of the human condition, perhaps attributable to the material lures of modernity, and maybe connected to the frustrating failure to meet other global challenges of our time.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"914 - 920"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46993182","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":"Former President of Honduras Extradited to the United States","authors":"","doi":"10.1017/ajil.2022.63","DOIUrl":"https://doi.org/10.1017/ajil.2022.63","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"880 - 884"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47636268","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":"Responsibility of Private Individuals for Complicity in a War of Aggression","authors":"N. Hajdin","doi":"10.1017/ajil.2022.50","DOIUrl":"https://doi.org/10.1017/ajil.2022.50","url":null,"abstract":"Abstract The crime of aggression requires that the perpetrator be in a position effectively to exercise control over—or to direct—the political or military action of a state. This requirement, called the “leadership clause,” has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"788 - 797"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45360358","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":"Soviet Judgment at Nuremberg: A New History of the International Military Tribunal After World War II. By Francine Hirsch. New York: Oxford University Press, 2020. Pp. xvii, 536.","authors":"W. Schabas","doi":"10.1017/ajil.2022.43","DOIUrl":"https://doi.org/10.1017/ajil.2022.43","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"900 - 906"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47557131","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 Russia-Ukraine War and the Seeds of a New Liberal Plurilateral Order","authors":"D. Sloss, Laura T. Dickinson","doi":"10.1017/ajil.2022.55","DOIUrl":"https://doi.org/10.1017/ajil.2022.55","url":null,"abstract":"Abstract Since about 2008, the rise of autocracy and the decline of democracy has threatened the modern liberal international order. To counter the threat of authoritarian international law, the United States should collaborate with liberal democracies from Europe, Asia, Africa, and Latin America to develop new plurilateral institutions and treaties to create a “liberal plurilateral order.” This Essay shows that states are planting the seeds of a future liberal plurilateral order in their response to Russian aggression in Ukraine.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"798 - 809"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42832481","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":"AJI volume 116 issue 4 Cover and Back matter","authors":"R. McLaughlin","doi":"10.1017/ajil.2022.73","DOIUrl":"https://doi.org/10.1017/ajil.2022.73","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"b1 - b20"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46590854","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}