Jahrbuch fur internationales Recht. German yearbook of international law最新文献_第6页

State Responsibility for Climate Change Damage and the Evolving Regime of Human Rights 气候变化损害的国家责任与人权制度的演变

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.481

A. Chong

{"title":"State Responsibility for Climate Change Damage and the Evolving Regime of Human Rights","authors":"A. Chong","doi":"10.3790/gyil.63.1.481","DOIUrl":"https://doi.org/10.3790/gyil.63.1.481","url":null,"abstract":"Individual States are required to reduce their emissions in order to meet the collective goal of keeping global warming to an increase of no more 2 °C but ideally strive to limit temperature rises to 1.5 °C. States have expressed ambitions for reducing greenhouse gas emissions although largely have yet to translate them into policies. Inadequate climate mitigation policies may fall foul of the obligation to reduce GHG emissions, which is a due diligence obligation. Making any successful determination would depend on the status of the jurisprudence on the formation of a customary obligation on the prevention of the risk of transboundary harm in climate change-related human rights. Progressive norms in human rights jurisprudence inform the content of the due diligence obligation and positive duties thereunder. The implication is that responsibility for inadequate climate mitigation policies, as supported by the recent jurisprudence on the failure of due diligence duties in context of environment-based human rights, may be invoked. It is noted that arguments have been advanced that the obligation to prevent climate change harm presents challenges in establishing the elements necessary for responsibility, particularly in respect to defining the internationally wrongful act and causation. However, developments in international human rights jurisprudence supports positive due diligence obligations in preventing climate risks, raising the theoretical possibilities of an international decision following Urgenda. This article observes the possibility of such a trend within States’ customary obligation to prevent transboundary harm with respect to States’ inadequate climate mitigation policies.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74480667","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

Moria 2.0 – Systemic Human Rights Violation and the Chance of a Pilot Decision Moria 2.0 -系统性人权侵犯和试点决定的机会

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.319

Goeke, Henning

引用次数: 0

The Changing Faces of the UN Security Council 联合国安理会风云变幻

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.647

C. Tomuschat

{"title":"The Changing Faces of the UN Security Council","authors":"C. Tomuschat","doi":"10.3790/gyil.63.1.647","DOIUrl":"https://doi.org/10.3790/gyil.63.1.647","url":null,"abstract":"The World Organisation of the United Nations was not conceived of at its origins as a world government. Nor could the substantive provisions of the Charter claim to constitute a comprehensive constitutional document for the entire globe. Many crucial issues of world order relevance were left open at the founding conference of San Francisco, the expectation being that any remaining structural problems would later be resolved by peaceful means. Nonetheless, it was hoped by many observers that the Security Council would be able to establish itself as an instance of last resort to address any emerging emergency situations. While the Security Council was legally well-endowed with decision-making powers under Chapter VII of the Charter, it initially encountered great difficulties in making use of those powers, given in particular the veto right of the five permanent members. After 1990, the differences of opinion among the permanent members softened considerably for a couple of years so that the Security Council could discharge at least some of the responsibilities entrusted to it. Additionally, the Security Council has gradually succeeded in enlarging its purview of action through recourse to its power of issuing recommendations under Chapter VI to individual States. Such country-specific recommendations have permitted the Security Council to engage itself in peace-building through promoting constitutional and societal reforms in many States, in particular in Africa. This kind of interference in domestic matters relies now on a consolidated basis of consistent practice. The evolutionary interpretation of the provisions of the Charter may at the same time suggest that the key concept of ‘threat to the peace’ in Article 39 of the Charter should also be understood in a way that enables the international community to address global predicaments like climate change and international migration.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76999609","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 Law of the WHO and COVID-19 Pandemic Reformism 世卫组织规律与新冠肺炎疫情改革主义

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.11

Villarreal, Pedro

引用次数: 0

Turning Fantasy into Inclusion … Regional Approaches and Unity of International Law 从幻想到包容……国际法的区域路径与统一

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.375

Zouapet, Apollin

引用次数: 0

China and International Security: How Law and Politics Work 中国与国际安全:法律与政治如何运作

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.117

Cai Congyan

引用次数: 0

The International Regime Governing Notification, Information-Sharing and Early Warning Applicable to Epidemic Outbreaks 适用于流行病爆发的通报、信息共享和预警国际制度

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.347

Venier, Silvia

{"title":"The International Regime Governing Notification, Information-Sharing and Early Warning Applicable to Epidemic Outbreaks","authors":"Venier, Silvia","doi":"10.3790/gyil.64.1.347","DOIUrl":"https://doi.org/10.3790/gyil.64.1.347","url":null,"abstract":"The international regime governing information sharing in the early phases of epidemic outbreaks, including the obligations to promptly report suspected cases and share relevant information, plays a determinant role in triggering protective actions and in limiting the spread at the domestic and international levels. Yet, States' reluctance to notify and the World Health Organisation (WHO) dependence on official information to activate the international alert system pose significant challenges to its functioning. This paper aims at discussing notification, information-sharing and early warning requirements, and at ex-ploring to what extent international rules can be further strengthened. After some in-troductory remarks (I.), the benefits of and barriers to notification in infectious diseases outbreaks are presented (II.);the strengths and limitations of the international framework governing notification and information sharing under the International Health Regulations are explored (III.);and the functioning of the information-sharing regime during Covid-19 is briefly discussed (IV.). Some concluding remarks are finally proposed on strengthening the international information sharing regime applicable to epidemic outbreaks (V.). © 2022, Duncker und Humblot GmbH. All rights reserved.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"25 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72412746","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

Catalonia and the Law of Statehood 加泰罗尼亚和国家地位法

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.277

Jure Vidmar

{"title":"Catalonia and the Law of Statehood","authors":"Jure Vidmar","doi":"10.3790/gyil.63.1.277","DOIUrl":"https://doi.org/10.3790/gyil.63.1.277","url":null,"abstract":"In 2017, a group of Catalonia’s politicians issued a declaration of independence. This article considers the international legal framework applicable to Catalonia’s secession claim and assesses the legal consequences of the declaration of independence. This article demonstrates that the declaration of independence does not have any legal effects and has remained a political declaration under domestic and international law. For Catalonia, this means that precisely nothing has changed in law. Catalonia continues to be an integral part of Spain. While Spain is under no legal obligation to accept Catalonia’s independence, its counter-secession policy does not operate in a legal vacuum. In this regard, it is also highly significant that the declaration of independence was merely a political act. It is questionable whether certain limitations imposed by Spain on the freedom of expression are justified in these factual circumstances. While Catalonia does not have a right to independence, Spain will not be able to ignore the independence claim. It is inevitable that the two sides will need to negotiate to resolve the political crisis. But the outcome of such negotiations would not necessarily be an independent Catalonia.","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":"78196112","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 king is dead, long live the …: Evaluating Alternatives to the WTO Appellate Body Within and Outside the WTO Regime 国王已死，……万岁:WTO体制内外对WTO上诉机构的选择评估

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.63.1.541

Isabel M. Kaiser

{"title":"The king is dead, long live the …: Evaluating Alternatives to the WTO Appellate Body Within and Outside the WTO Regime","authors":"Isabel M. Kaiser","doi":"10.3790/gyil.63.1.541","DOIUrl":"https://doi.org/10.3790/gyil.63.1.541","url":null,"abstract":"Since December 2019, the kingdom of world trade law has fallen into an interregnum. The king that used to be the Appellate Body of the World Trade Organization, was dethroned at the hands of the then incumbent US government, which refused to duly appoint new members to fill its vacancies. Staunch royalists have since been looking for ways to salvage the dispute settlement mechanism, once revered as the ‘crown jewels’, as well as for a deserving heir apparent. While there seems no path to structural reform of the Appellate Body, a wide range of alternatives presents itself to WTO members. This article provides a systematic overview of such alternatives both within and outside the WTO regime, sampling some that are already available and others currently subject to lively debate. The alternatives on sample are (cross)‌evaluated against a benchmark that sources the key characteristics of the WTO dispute settlement mechanism. On that basis, the article finds the most promising alternatives in the concert of panels of Preferential Trade Agreements and the most recent Multi-Party Interim Appeal Arbitration Arrangement.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77656739","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 Human Rights 中国的人权观

Jahrbuch fur internationales Recht. German yearbook of international law Pub Date : 2022-01-01 DOI: 10.3790/gyil.64.1.147

Biddulph, Sarah

引用次数: 0