{"title":"有效性 \"的三种重构:对国家连续性和海平面上升的一些影响》。","authors":"Alex Green","doi":"10.1093/ojls/gqae003","DOIUrl":null,"url":null,"abstract":"<p><p>Small Island Developing States (SIDS) are uniquely threatened by rising sea levels. Not only does the retreat of their coastlines place them in danger of losing maritime territory; the concurrent possibility of their landmasses becoming either uninhabitable or completely submerged also threatens their very existence. According to one understanding of the law that governs the continuity and extinction of states, political communities that permanently lose 'effectiveness'-typically understood as sufficient governmental control of a relatively determinate territory with a permanent population-must lose their statehood as well. In this article, I provide three reconstructions of effectiveness, each of which rests upon a different normative rationale. My contention is that, regardless of which reconstruction one adopts, the continuity of submerged SIDS is eminently supportable, notwithstanding the arguments frequently made in favour of their formal extinction.</p>","PeriodicalId":47225,"journal":{"name":"Oxford Journal of Legal Studies","volume":"44 2","pages":"201-230"},"PeriodicalIF":1.4000,"publicationDate":"2024-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11157290/pdf/","citationCount":"0","resultStr":"{\"title\":\"Three Reconstructions of 'Effectiveness': Some Implications for State Continuity and Sea-level Rise.\",\"authors\":\"Alex Green\",\"doi\":\"10.1093/ojls/gqae003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Small Island Developing States (SIDS) are uniquely threatened by rising sea levels. Not only does the retreat of their coastlines place them in danger of losing maritime territory; the concurrent possibility of their landmasses becoming either uninhabitable or completely submerged also threatens their very existence. According to one understanding of the law that governs the continuity and extinction of states, political communities that permanently lose 'effectiveness'-typically understood as sufficient governmental control of a relatively determinate territory with a permanent population-must lose their statehood as well. In this article, I provide three reconstructions of effectiveness, each of which rests upon a different normative rationale. My contention is that, regardless of which reconstruction one adopts, the continuity of submerged SIDS is eminently supportable, notwithstanding the arguments frequently made in favour of their formal extinction.</p>\",\"PeriodicalId\":47225,\"journal\":{\"name\":\"Oxford Journal of Legal Studies\",\"volume\":\"44 2\",\"pages\":\"201-230\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2024-02-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11157290/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/ojls/gqae003\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"2024/1/1 0:00:00\",\"PubModel\":\"eCollection\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/ojls/gqae003","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2024/1/1 0:00:00","PubModel":"eCollection","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Three Reconstructions of 'Effectiveness': Some Implications for State Continuity and Sea-level Rise.
Small Island Developing States (SIDS) are uniquely threatened by rising sea levels. Not only does the retreat of their coastlines place them in danger of losing maritime territory; the concurrent possibility of their landmasses becoming either uninhabitable or completely submerged also threatens their very existence. According to one understanding of the law that governs the continuity and extinction of states, political communities that permanently lose 'effectiveness'-typically understood as sufficient governmental control of a relatively determinate territory with a permanent population-must lose their statehood as well. In this article, I provide three reconstructions of effectiveness, each of which rests upon a different normative rationale. My contention is that, regardless of which reconstruction one adopts, the continuity of submerged SIDS is eminently supportable, notwithstanding the arguments frequently made in favour of their formal extinction.
期刊介绍:
The Oxford Journal of Legal Studies is published on behalf of the Faculty of Law in the University of Oxford. It is designed to encourage interest in all matters relating to law, with an emphasis on matters of theory and on broad issues arising from the relationship of law to other disciplines. No topic of legal interest is excluded from consideration. In addition to traditional questions of legal interest, the following are all within the purview of the journal: comparative and international law, the law of the European Community, legal history and philosophy, and interdisciplinary material in areas of relevance.