Jahrbuch fur internationales Recht. German yearbook of international law最新文献

{"title":"Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union: An Emerging Consensus","authors":"Yurttagül, Hava","doi":"10.3790/gyil.64.1.555","DOIUrl":"https://doi.org/10.3790/gyil.64.1.555","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"71 5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75861813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"In Memoriam Jost Delbrück","authors":"E. Riedel","doi":"10.3790/gyil.63.1.41","DOIUrl":"https://doi.org/10.3790/gyil.63.1.41","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79433873","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protection from Transfers and Mutual Trust: The Protection of Fundamental and Human Rights in the Common European Asylum System","authors":"Lührs, Lisa-Marie","doi":"10.3790/gyil.64.1.537","DOIUrl":"https://doi.org/10.3790/gyil.64.1.537","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79906403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Human Right to Water in Investment Arbitration","authors":"Panosch, Lara","doi":"10.3790/gyil.64.1.541","DOIUrl":"https://doi.org/10.3790/gyil.64.1.541","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"55 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81164447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘The Saltire in the Sporran’: Scotland Between Devolution and Independence","authors":"Paul Behrens","doi":"10.3790/gyil.63.1.305","DOIUrl":"https://doi.org/10.3790/gyil.63.1.305","url":null,"abstract":"The ongoing struggle for Scottish independence touches on a range of interests which find strong bases in international law, resulting in a meeting of norms which requires an assessment that allows the core character of each of the relevant rights to survive. This article traces the uneasy history of the Union between the Kingdoms of England and Scotland, the changing Scottish attitudes towards Union, and the rise of the independence movement in the 20th century. It examines the development of devolution and outlines the constitutional settlement reached through the Scotland Act 1998, which led to the reestablishment of the Scottish Parliament and envisaged a distribution of competences, with ‘devolved matters’ being allocated to Scotland, while ‘reserved’ matters remained within the authority of Westminster. In its main part, the article investigates the asserted right to self-determination of the people of Scotland, taking as its starting point the codification of that right in the international human rights covenants of 1966. It critically examines the consequences which the distinction between internal and external self-determination generates for the Scottish situation and the relevance of the so-called remedial theory for this scenario. Particular emphasis is placed on the question what impact, if any, the British withdrawal from the European Union (which was effected in spite of a large vote in Scotland in favour of remaining within the EU) has on the right to self-determination. It also explores the existence of other interests which have to receive consideration under international law where an assessment of the right to self-determination is to be made (such as the territorial integrity of the metropolitan State and the human rights of persons living on the territory of the separating entity) and examines the need for a solution that employs a balancing mechanism to appreciate the core characters of the relevant rights. The article also considers the possible answers to the ‘Scottish question’ which are currently at the centre of public debate. Particular space is given in that regard to the option of a referendum on independence (which would be the second one since the Scottish Parliament had been reconvened). The article explores the possible legal basis for such a referendum under domestic law and, in that context, the question whether the Scottish Parliament could make the relevant arrangements without prior authorisation by the Parliament of the United Kingdom. But it also examines a potential right to a referendum under international law and refers, in that regard, to the link between self-determination and the need to evaluate the will of the people which was outlined in the case law of the International Court of Justice (ICJ). It investigates the question whether such a link can be assumed only in the case of peoples under colonial regimes but suggests that, on the basis of the right to self-determination as enshrined in the int","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90775966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sovereignty Decoupled from Human Rights: The German Position Paper on the Application of International Law in Cyberspace","authors":"Schmidt, Richard","doi":"10.3790/gyil.64.1.475","DOIUrl":"https://doi.org/10.3790/gyil.64.1.475","url":null,"abstract":"Cyber activities have become an integral part of international relations. The vast interconnectedness of networks, technologies and cyber processes across borders has brought societies and individuals from different nations closer together and has opened up new opportunities for cooperation among both State and non-State actors. At the same time, States and societies have grown highly dependent on the functioning of IT infrastructures. This has created new vulnerabilities. In cyberspace, only limited resources are often needed to cause significant harm. This poses security threats for States and societies. Harmful cross-border cyber operations, both by State and non-State actors, can jeopardize international stability.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89837956","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pride and Perseverance: Strategic Use of Rebus Sic Stantibus in Russian Foreign Policy 1870 – 1950","authors":"Erlend M. Leonhardsen","doi":"10.3790/gyil.63.1.581","DOIUrl":"https://doi.org/10.3790/gyil.63.1.581","url":null,"abstract":"The paper examines the use of rebus sic stantibus, a claim that a fundamental change of circumstances warrants withdrawal or termination of a treaty, by Russia in three key episodes in Russian foreign policy. These episodes have not been examined together by scholars and have not all been analysed from the perspective of rebus sic stantibus. First, it examines the situation in 1870 when Russia used this approach to obtain the London Declaration, which revised unfavourable terms in the 1856 Treaty of Paris following the Crimean War. Second, it examines the Soviet attempt to terminate or renegotiate the Montreux Convention during and in the aftermath of the Second World War through the use of rebus sic stantibus and, third, it examines the Soviet attempt to renegotiate the Svalbard Treaty through the use of this legal approach. Notably, the analysis shows that these attempts took place during shifts in Russia’s relative power. Given the design of the treaties in question, rebus sic stantibus was one of the only ways to achieve these goals. In addition to providing a thorough study of episodes unexamined from an international legal perspective, the paper may therefore shed light on when rebus sic stantibus is useful and why it is relied on less and less by states today.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90300503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Good Things Come to Those Who Wait? The Joint Reconciliation Declaration of Germany and Namibia for the Herero and Nama Genocide","authors":"Wissmann, Sara, Adler, Julius","doi":"10.3790/gyil.64.1.511","DOIUrl":"https://doi.org/10.3790/gyil.64.1.511","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"63 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73573255","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Categorising Self-Determination: Four Forms","authors":"Gleider Hernández, Tom Sparks","doi":"10.3790/gyil.63.1.223","DOIUrl":"https://doi.org/10.3790/gyil.63.1.223","url":null,"abstract":"International law has a self-determination problem. The paradoxes raised by the concept, almost like a Russian doll, beget ever more paradoxes. Yet, when pressed for clarity as to its scope, scholars, practitioners, and legal advisers all shy away from precise definitions. Based on the apparent collision of competing claims, self-determination is reduced to a claim to create a new State; territorial integrity is viewed as a necessary protection for existing political units. A neat binary is constructed whereby self-determination is reduced to instances where it does not affect territorial integrity (so-called ‘internal self-determination’) and those where it disrupts it significantly (‘external self-determination’). The self-determination/territorial integrity binary, though taught widely in international law textbooks, doctrine, and practice, is deceptively simple and fails to tell the whole story; it is for this reason that we propose a different way of conceptualising self-determination claims in international law. In this piece, we will develop an argument that the concept of self-determination is in fact a category, a genus, of which there exist four distinct forms, or species: polity-based; identitarian; remedial; and colonial. We argue that by rethinking self-determination in this manner, the common features of these four forms help us further to give content to the concept, as well as better to understand the different legal treatment that self-determination claims have received within international law.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76643083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Memories of Jost Delbrück","authors":"Ursula Heinz","doi":"10.3790/gyil.63.1.69","DOIUrl":"https://doi.org/10.3790/gyil.63.1.69","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80310739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}