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

{"title":"Standards as Sources","authors":"E. Riedel","doi":"10.3790/gyil.63.1.369","DOIUrl":"https://doi.org/10.3790/gyil.63.1.369","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81501597","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":"Struggling with Climate Change: Environmental Rights as Children’s Rights and the Potential of the UN Convention of the Rights of the Child","authors":"F. Ippolito","doi":"10.3790/gyil.63.1.511","DOIUrl":"https://doi.org/10.3790/gyil.63.1.511","url":null,"abstract":"Children are the least responsible for climate change, yet they will bear the greatest burden of its impact, and even if children have not been entirely neglected in environmental treaties, a comprehensive regime that extends environmental human rights to them is still absent. However, the Convention of the Rights of the Child (CRC), which is the most ratified human rights instrument, is dedicated to children’s rights and is unique in specifically referring to the dangers and risks of environmental pollution. Based on this premise, this article contends that the CRC monitoring body has a unique institutional potential to interpret environmental law from a children’s rights-based perspective contributing to fighting climate change. A positive trend is evidently manifested in the General Comments and Concluding Observations that are moving from indirect considerations to explicit mainstreaming of climate change issues and related obligations. Following the entry into force of the Optional Protocol on a Communications Procedure (OPCP), which recognises that children have the right to appeal to an international mechanism specific to them, when national mechanisms fail to address violations effectively; the pending individual communication also promises to be historic in its scale of attempting to hold multiple countries simultaneously accountable for obligations under the CRC related to climate change. It is argued that a systemic integration of the Paris Agreement and the UNFCCC within the CRC context – as relevant rules of international law according to Article 31‍(3)(c) of the Vienna Convention – would ‘operationalise’ and make ‘justiciable’ those international environmental standards relevant to the substantive obligations under the CRC.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89232828","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":"Do We Need to Protect the Entire World Population from Health Threats Through One Global Biomedical Surveillance and Response System?","authors":"Behrendt, Silvia, Müller, Amrei","doi":"10.3790/gyil.64.1.41","DOIUrl":"https://doi.org/10.3790/gyil.64.1.41","url":null,"abstract":"The World Health Organization (WHO) and its member States are currently in the process of negotiating a new multilateral treaty on pandemic preparedness and re-sponse. At the same time, the existing international legal framework regulating global health emergencies – the International Health Regulations (IHR) – are being revised. Overall, substantive proposals made so far for inclusion into the new treaty/revised IHR provide for a further centralisation of control over, and management of, the collectivity of all human bodies through increased digitally-based biomedical surveillance at WHO level to detect potential health threats in order to rapidly adopt, coordinate, and implement global medical and non-medical emergency countermeasures. This contribution shows that this substantive focus is driven by the Global Health Security (GHS) doctrine that has dominated WHO's, its member States', and its public-private partners' response to Covid-19. This is problematic because it will not only entrench the GHS doctrine further into international health law but also endorse and routinise many of the securitised global medical and non-medical coun-termeasures adopted in response to Covid-19 for responses to future health threats. (Emerging) evidence shows, however, that these countermeasures have been ineffective and resulted in far-reaching interferences with people's human rights in virtually every country around the world. By way of example, this is illustrated with an analysis of three GHS-in-formed medical and non-medical Covid-19 countermeasures: lockdowns, constant bio-surveillance, and the fast-track development, global promotion, distribution, and admin-istration of investigational vaccines. The contribution ends with a call on those responsible for the treaty negotiation and IHR revision processes to take due account of WHO's and its member States' human rights duties and responsibilities for human rights in these processes;and to question the exclusive focus on centrally managed, technocratic, biomedical ap-proaches to pandemic preparedness and response. © 2022, Duncker und Humblot GmbH. All rights reserved.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"17 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72412358","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":"Editors' Note","authors":"von Arnauld,, Von Der, Matz-Lück, Nele","doi":"10.3790/gyil.64.1.531","DOIUrl":"https://doi.org/10.3790/gyil.64.1.531","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87995809","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":"German Corporate and Government Officials’ Involvement in Arms Trade with Countries of the Saudi-led Coalition in Yemen: A Link in the Supply Chain Leading to Criminal Liability for Alleged War Crimes?","authors":"Henning Büttner, Nathalie Joyce Zavazava","doi":"10.3790/gyil.63.1.709","DOIUrl":"https://doi.org/10.3790/gyil.63.1.709","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90535536","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 Constitutional Framework for Enhanced Cooperation in EU Law","authors":"Böttner, Robert","doi":"10.3790/gyil.64.1.533","DOIUrl":"https://doi.org/10.3790/gyil.64.1.533","url":null,"abstract":"","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":"90961064","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":"Search and Rescue in the Central Mediterranean Sea: A Legal Analysis of the Recent Italian Practice","authors":"Lorenzo Schiano di Pepe","doi":"10.3790/gyil.63.1.121","DOIUrl":"https://doi.org/10.3790/gyil.63.1.121","url":null,"abstract":"The article tracks the most recent trends of Italian practice in the field of Search and Rescue operations in the Central Mediterranean Sea. It does so by focusing on the international and European legislation that constitutes the backdrop of such practice, the analysis of legislative and administrative measures that have been adopted by Italian authorities, and the most relevant domestic case law. The increasing role played by non-governmental organisations constitutes one of the main focuses of the discussion and particular attention is paid to the attempts that have been made to govern their operations also by the implementation, in 2017, of a dedicated ‘Code of Conduct’. The ‘closed ports’ policy operated by Italy and its enforcement vis-à-vis State as well as non-governmental organisation vessels is also scrutinised together with its impact on the doctrine of ‘Place of Safety’ which must be ensured to every migrant rescued at sea.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80937084","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":"Prevention of Atrocity Crimes: Legal Obligations of States and Due Diligence","authors":"Yvonne Breitwieser-Faria","doi":"10.3790/gyil.63.1.451","DOIUrl":"https://doi.org/10.3790/gyil.63.1.451","url":null,"abstract":"The conceptualisation of States’ obligations for atrocity prevention, legal and otherwise, has gained increasing momentum as atrocity crimes across the world continue to make seemingly endless headlines. While some States acknowledge that they incur a duty to prevent atrocity crimes; the source, scope, and nature of any legal atrocity prevention obligations remain largely unexplored and controversial. Any extraterritorial dimension to this end is subject to much debate. The International Court of Justice identified such an obligation regarding genocide to be one of due diligence, but its scope remains ambiguous and somewhat unspecific. This paper determines applicable due diligence obligations vis-à-vis atrocity crimes. It argues that States incur not-territorially-limited due diligence obligations for atrocity prevention arising from existing international treaty and customary law. States are thereby required to take reasonable measures to prevent the commission of atrocity crimes in their own territories, and in certain circumstances beyond their borders, as far as possible. The jurisprudence of human rights bodies concerning suppression and positive obligations in international human rights and humanitarian law further supports such atrocity prevention obligations. The paper ends with an examination of possible operational prevention methods to fulfil States’ obligations of atrocity prevention.","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":"80997051","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":"Jost Delbrück: My Friend","authors":"R. Dworkin","doi":"10.3790/gyil.63.1.83","DOIUrl":"https://doi.org/10.3790/gyil.63.1.83","url":null,"abstract":"","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"225 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76729337","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":"A Blueprint for Survival: Low-Lying Island States, Climate Change, and the Sovereign Military Order of Malta","authors":"Michel Rouleau-Dick","doi":"10.3790/gyil.63.1.621","DOIUrl":"https://doi.org/10.3790/gyil.63.1.621","url":null,"abstract":"This article examines the relevance of the Sovereign Military Order of Malta as a precedent for safeguarding the legal existence of Low-Lying Island States threatened by climate change and the rise in sea levels. The unprecedented nature of this phenomenon means international law offers no unequivocal guidance on the way forward for threatened States. As a result, most solutions to this problem rely either on the creation of new legal instruments, the reinterpretation of existing norms, or (to varying extents) on the goodwill of other States. However, due to its State-like characteristics, and existence independent from a territorial claim, non-State sovereign entities of international law such as the Sovereign Order of Malta could provide an interesting blueprint for a Low-Lying Island State to transit towards once the indicia of statehood becomes vulnerable to possible challenges. The core of the Sovereign Order of Malta’s sovereignty is discussed and outlined, followed by a survey of the relevance and added value of this option for threatened low-lying island States.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76326096","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}