Jahrbuch fur internationales Recht. German yearbook of international law最新文献_第5页

Protecting the Rule of Law Through European Budgetary Law: A Plea for a New Sanctions Mechanism 通过欧洲预算法保护法治:对新的制裁机制的请求

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.553

Symann, Malte

引用次数: 0

The International Court of Justice in an Age of Inter-Legality: A Survey of its Case Law in the New Millennium 跨法统时代的国际法院:新千年国际法院判例法考察

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.421

Hannah Birkenkötter, Berkan Kaya

{"title":"The International Court of Justice in an Age of Inter-Legality: A Survey of its Case Law in the New Millennium","authors":"Hannah Birkenkötter, Berkan Kaya","doi":"10.3790/gyil.63.1.421","DOIUrl":"https://doi.org/10.3790/gyil.63.1.421","url":null,"abstract":"The International Court of Justice (ICJ) occupies a special position amongst international courts. With its quasi-universal membership and ability to apply in principle the whole body of international law, it should be well-placed to adjudicate its cases with a holistic view on international law. This article examines whether the ICJ has lived up to this expectation. It analyses the Court’s case load in the 21st century through the lens of inter-legality as the current condition of international law. With regard to institutional inter-legality, the authors observe an increase of inter-State proceedings based on largely the same facts that are initiated both before the ICJ and other courts and identify an increasing need to address such parallel proceedings. With regard to substantive inter-legality, the article provides analyses of ICJ cases in the fields of consular relations and human rights, as well as international environmental law. The authors find that the ICJ is rather reluctant in situating norms within their broader normative environment and restrictively applies only those rules its jurisdiction is based on. The Court does not make use of its abilities to adjudicate cases holistically and thus falls short of expectations raised by its own members 20 years ago.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85623083","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}

引用次数: 0

Enforcement of Security Council Resolutions: The Judgment of the Administrative Court of Berlin in the City Hostel Case 安理会决议的执行:柏林行政法院对城市旅馆案的判决

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.747

Max Jürgens

引用次数: 0

Kurds Between Quests for Statehood, Struggle for Autonomy and Denied Minority Rights 库尔德人在寻求建国、争取自治和被剥夺少数民族权利之间挣扎

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.339

Stefan Oeter

{"title":"Kurds Between Quests for Statehood, Struggle for Autonomy and Denied Minority Rights","authors":"Stefan Oeter","doi":"10.3790/gyil.63.1.339","DOIUrl":"https://doi.org/10.3790/gyil.63.1.339","url":null,"abstract":"The Kurdish question is a heritage of the post-WW1 peacemaking – an unfortunate legacy that has cast a long shadow for a century. The dreams of the Kurdish national movement that had developed in the late phase of the Ottoman Empire to gain its own Kurdish nation-State were disappointed after 1919, instead the Kurdish territories were incorporated into the newly founded States of Turkey, Iraq and Syria. None of these new States was ready to accept political rights for a Kurdish community as a separate people on their territory – just to the contrary, the new Turkish Republic was decided to assimilate Kurds in their ‘great’ Turkish nation, and also the soon forming new States of Iraq and Syria repressed any sign of Kurdish separatism and insistence on Kurdish traditions and a distinct ethnicity. A new situation developed in the aftermath of the US interventions since 1991. The events following these interventions were the starting point for the de facto autonomy that developed in Kurdish Northern Iraq throughout the 1990s. Hopes for an autonomy arrangement for the mainly Kurdish territories in the eastern parts of Turkey were to arise some years later. After 2011, a new opportunity for (factual) Kurdish self-government opened up in Syria as a side effect of the civil war in that State. The paper looks look into the normative benchmarks on how to deal with the Kurdish question. In a first part, the essay will reconstruct the major legal reference points concerning self-determination of the Kurdish people. In a second step, the text will turn to autonomy arrangements as a middle-ground solution for the need for structures of ‘internal self-determination’. In a third step, as a concession to ‘realpolitik’, the minimalist options in the context of minority protection will be mapped, in their potentials, but also in their pitfalls.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80391070","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}

引用次数: 0

An International Law on Natural Resources for the 21st Century 21世纪的国际自然资源法

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.559

Zeisberg, Marie-Christine

引用次数: 0

Formal Theory of Constitution. Foundation of a General Concept of Law and Constitution 《宪法的形式理论》法律与宪法的一般概念基础

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.547

Schiffbauer, Björn

引用次数: 0

The German Federal Constitutional Court’s Climate Decision and its Implications for International Law 德国联邦宪法法院的气候判决及其对国际法的影响

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.407

Arling, Helen

引用次数: 0

Drawing Borders and Protecting Minorities in a Post-Imperial World: Legal Conflicts and the League of Nations’ Minority Protection Regime 后帝国世界的边界划定与少数民族保护:法律冲突与国际联盟的少数民族保护制度

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.189

Michael Jonas

{"title":"Drawing Borders and Protecting Minorities in a Post-Imperial World: Legal Conflicts and the League of Nations’ Minority Protection Regime","authors":"Michael Jonas","doi":"10.3790/gyil.63.1.189","DOIUrl":"https://doi.org/10.3790/gyil.63.1.189","url":null,"abstract":"This article explores the twin issues of autonomy and minorities in a world of residual empire, nationalism, and emerging nation-States that shaped the period after the First World War. From a primarily historical perspective, it delineates the general context of the newly established international political and legal order under the auspices of the League of Nations, and outlines the system’s premises and potential, its pitfalls and shortcomings, especially with regard to the late- and post-imperial make-up of continental Europe. Three case studies of politico-legal conflicts and challenges typical for the period form the article’s empirical backbone: the case of the Bohemian and Moravian Germans in the context of the Versailles peace process, the Finnish-Swedish dispute over the Åland Islands, and the abortive application for recognition and membership in the League of Nations by the Iroquois in 1923 and 1924. Taken together, these examples of international political and legal dispute illustrate both the promise and potential, and the inconsistencies and paradoxes, of an emerging internationalist system of conflict resolution and minority protection. In line with recent historiography, the article stresses the necessity of revisiting the League and its institutions beyond the previously dominant paradigm of failure. Through the prism of its minority protection system, the League’s influence on the political and institutional establishment of procedures and practices becomes particularly tangible. Most of what the League institutions created as a toolbox of internationalist governance has thereby remained with us until today, whilst the minorities for whom it was devised are, sadly, mostly gone: legal and administrative procedure, international supervision and mediation, enforceable minority rights and protections in terms of autonomy regulations, plebiscites, federative solutions or partitions as vehicles, and resources of legitimacy.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72718749","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}

引用次数: 0

The Chinese Approach to International Environmental Law 国际环境法的中国路径

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.179

Zhao Yuhong

引用次数: 0

Jost Delbrück – a Grateful Tribute Jost delbr<e:1> -感激的致敬

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.61

Michaela Koch

引用次数: 0