American Journal of International Law最新文献_第7页

United States—Origin Marking Requirement, WT/DS597/R 美国——原产地标记要求，WT/DS597/R

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-07-01 DOI: 10.1017/ajil.2023.29

J. Chaisse, Kehinde Folake Olaoye

{"title":"United States—Origin Marking Requirement, WT/DS597/R","authors":"J. Chaisse, Kehinde Folake Olaoye","doi":"10.1017/ajil.2023.29","DOIUrl":"https://doi.org/10.1017/ajil.2023.29","url":null,"abstract":"For almost seventy years, parties to the General Agreement on Tariffs and Trade (GATT) and members of the World Trade Organization (WTO) did not use multilateral dispute resolutionmechanisms to address questions relating to the interpretation of security exceptions.1 The United States—Origin Marking Requirement (Hong Kong, China) (U.S.—Origin Marking Requirement) Panel Report,2 which is the latest addition to the limited but expanding WTO jurisprudence in this area, shows the growing importance of security exceptions in WTO law.3 It is a highly politicized dispute in which the separate customs territory of Hong Kong, China invoked the multilateral dispute mechanism of the WTO for the second time since it joined the WTO as a founding member in 1995 and since it became a contracting party to the 1947 GATT in 1986. Notably, theU.S.—Origin Marking Requirement ruling is the only panel report issued in proceedings with Hong Kong as the disputing party.4 Against the backdrop of the U.S.-China trade war, this important decision tests the limits of the WTO’s architecture and has implications for its future relevance. The origins of the dispute can be traced to July 14, 2020, when President Donald J. Trump issued the Executive Order on Hong Kong Normalization. Following a determination that Hong Kong was no longer sufficiently autonomous to justify differential treatment in relation to China, this executive order suspended the application of Section 201(a) of the United States-Hong Kong Policy Act of 1992, which had previously granted Hong Kong special","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46341959","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 Antarctic Tourism: The Challenge of Consensus-Based Decision-Making 管理南极旅游:基于共识的决策的挑战

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-06-23 DOI: 10.1017/ajil.2023.34

Kees Bastmeijer, Akiho Shibata, Imme Steinhage, L. Ferrada, Evan T. Bloom

引用次数: 1

Settling Russia's Imperial and Baltic Debts 解决俄国的帝国债务和波罗的海债务

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-05-15 DOI: 10.1017/ajil.2023.23

E. Denza, L. Poulsen

引用次数: 0

Turkey – Certain Measures Concerning the Production, Importation and Marketing of Pharmaceutical Products, WT/DS583/ARB25. 土耳其-关于药品生产、进口和销售的若干措施，WT/DS583/ARB25。

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.10

Weihuan Zhou

引用次数: 0

Animals in International Law. By Anne Peters. The Hague, Netherlands: Brill|Nijhoff, 2021. P. 641. Index. 国际法中的动物。作者：Anne Peters。荷兰海牙：Brill|Nijhoff，2021。第641页。指数

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.3

W. Scholtz

{"title":"Animals in International Law. By Anne Peters. The Hague, Netherlands: Brill|Nijhoff, 2021. P. 641. Index.","authors":"W. Scholtz","doi":"10.1017/ajil.2023.3","DOIUrl":"https://doi.org/10.1017/ajil.2023.3","url":null,"abstract":"sometimes nicely tucked away in a footnote— the reader should not be daunted by the book’s size nor shy away from reading it cover to cover. She will then discover that the book is a veritable trove of intellectual pleasure, full of ideas and written in a remarkably accessible style. She will also discover, and maybe deplore, that aside from the brief introduction and conclusion, and altogether very rare discursive interventions in between, Koskenniemi gives relatively little guidance in terms of making explicit connections between the authors, the ideas, the Chapters, and the Parts. He leaves the reader to think for herself. In doing so, he has issued an open invitation for further research and reflection on some grand topics that spring to mind, such as the genealogies of ideas, the comparison of national or regional approaches, the transnational debates between scholars from different countries, the role of shared ideas and values in international networks of diplomats and economic elites, and most ambitiously, a global approach to constitutional history. With this book, Koskenniemi has pioneered an integrated constitutional history of international order. He has set a high bar for those who want to follow on this path, but he has also offered strong foundations to build on.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42190727","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 United States and the European Union Begin Implementation of the European Union-U.S. Data Privacy Framework 美国和欧盟开始实施欧盟-美国数据隐私框架

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.17

Janet L. Yellen

引用次数: 0

The United States Agrees to Loss and Damage Fund at COP27 美国在COP27上同意设立损失和损害基金

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.13

引用次数: 0

Statelessness: A Modern History. By Mira L. Siegelberg. Cambridge, MA: Harvard University Press, 2020. Pp. 235. Index. 无国籍:一段现代史。米拉·西格尔伯格著。马萨诸塞州剑桥:哈佛大学出版社，2020年。235页。索引。

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2022.74

M. Stewart

引用次数: 0

The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions 美国财政部执行安理会决议，为联合国制裁设立人道主义援助

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.12

Sarah Kaplan, Brad Plumer, D. Gelles

{"title":"The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions","authors":"Sarah Kaplan, Brad Plumer, D. Gelles","doi":"10.1017/ajil.2023.12","DOIUrl":"https://doi.org/10.1017/ajil.2023.12","url":null,"abstract":"the COP’s decision.33 (3)Who will receive the assistance from the fund? All developing countries or only those that are “particularly vulnerable to the adverse effects of climate change”? The decision seems to suggest the latter. (4) What can the funds be used for? The decision refers generally to “responding to economic and non-economic loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, especially in the context of ongoing and ex post (including rehabilitation, recovery and reconstruction) action.”34 (5) How are the amounts to be calculated? How is loss and damage to be assessed?35 (6) How will payments be made and monitored?36 COP27 President Shoukry ended the conference by saying that its accomplishments were a “testament to our collective will . . . that multilateral diplomacy still works.”37 But aside from the successful adoption of the loss and damage fund, COP27 was criticized for not adopting proposals to phase out all fossil fuels and to make more ambitious commitments for reducing emissions.38 COP27 did, however, prevent backsliding, including, importantly, on “the longterm global goal to hold the increase in the global average temperature” by reiterating COP26’s decision (which moved slightly beyond the wording of the Paris Agreement) to “resolve[] to pursue efforts to limit the temperature increase to 1.5 °C” above pre-industrial levels.39","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43658324","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

President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States 拜登总统发布行政命令，确保外国在美投资委员会对不断变化的国家安全风险进行强有力的考虑

IF 4.3 2区社会学

American Journal of International Law Pub Date : 2023-04-01 DOI: 10.1017/ajil.2023.9

Kylie Atwood

{"title":"President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States","authors":"Kylie Atwood","doi":"10.1017/ajil.2023.9","DOIUrl":"https://doi.org/10.1017/ajil.2023.9","url":null,"abstract":"rule, OFAC “amend[ed] its regulations inmultiple sanctions programs to add, amend, or update general licenses authorizing official business of the United States government and official business of certain international organizations and entities.”35 For NGOs and IOs, the licenses generally do “not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked.”36 To the extent that a general license does not apply, specific licenses may be issued. The two rules go beyond Resolution 2664’s provisions to cover many U.S. sanctions programs that operate outside of the Security Council framework.37 The general licenses established by the new rules are similar to the humanitarian licenses OFAC previously established for specific sanctions programs, such as those for Crimea and Venezuela.38 The new rules apply only to OFAC sanctions and have no effect on those administered by other agencies, such as the Department of Commerce. NGOs welcomed the new rules. Kate Phillips-Barrasso, vice president of Global Policy and Advocacy forMercyCorps, said, “It literally almost feels surreal to me, as an advocate who’s been working on this for the better part of a decade. I keep having to almost pinch myself. It is a lifeand-death issue in some cases and they have been told about the problem for years and they took amajor step forward in trying to resolve it.”39 Though the new general licenses provide reason for optimism, financial institutions will need to move away from their inclination toward sanctions “overcompliance” for the humanitarian carveout to have meaningful effect.40","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":null,"pages":null},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48456439","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