对国际法治的坚定承诺?联合王国与国际法院

IF 1.3 Q1 LAW

Netherlands International Law Review Pub Date : 2023-10-04 DOI:10.1007/s40802-023-00237-1

Mauro Barelli

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引用次数: 0

摘要

英国自豪地将其对国际法院的长期承诺描述为其对国际裁决以及国际法治的更广泛承诺的标志。这篇文章对这一叙述提出了质疑，这一叙述表明，尽管官方作出了相反的承诺和言论，但不能说联合王国真正接受了法院审查其行为的权威，也不能说联合王国一贯以尊重该机构的方式行事。在某种程度上，英国希望将自己表现为国际法治的真正支持者，本文认为，它应该就其争议性和咨询性司法管辖区重新制定其对法院的态度。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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A Heartfelt Commitment to the International Rule of Law? The United Kingdom and the International Court of Justice

Abstract The UK proudly describes its longstanding commitment to the International Court of Justice as a sign of its broader commitment to international adjudication and, in turn, the international rule of law. This article calls into question this narrative suggesting that, despite official pledges and rhetoric to the contrary, the UK cannot be said to have truly accepted the authority of the Court to scrutinize its conduct, nor to have consistently acted in a manner that is respectful of that institution. To the extent that the UK wishes to present itself as a genuine supporter of the international rule of law, this article posits that it should reformulate its approach to the Court with regard to both its contentious and advisory jurisdictions.

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来源期刊

Netherlands International Law Review LAW-

CiteScore

2.10

自引率

11.10%

发文量

期刊介绍： The Netherlands International Law Review (NILR) is one of the world’s leading journals in the fields of public and private international law. It is published three times a year, and features peer-reviewed, innovative, and challenging articles, case notes, commentaries, book reviews and overviews of the latest legal developments in The Hague. The NILR was established in 1953 and has since become a valuable source of information for scholars, practitioners and anyone who wants to stay up-to-date of the most important developments in these fields. In the subscription to the Netherlands International Law Review the Netherlands Yearbook of International Law (NYIL) is included. The NILR is published by T.M.C. Asser Press, in cooperation with the T.M.C. Asser Instituut, and is distributed by Springer International Publishing. T.M.C. Asser Instituut, an inter-university institute for Private and Public International Law and European Law, was founded in 1965 by the law faculties of the Dutch universities. The Institute is responsible for the promotion of education and research in international law.