Pub Date : 2022-02-22DOI: 10.1163/15718107-91010001
T. Gammeltoft‐Hansen, S. Ford
This special issue of the Nordic Journal of International Law aims to broadly engage Nordic asylum and immigration regulation as an issue of international law. As an area of international law which both historically and today has held special significance in the Nordic countries, the issue presents a set of articles investigating the different domestic constructions and applications of international law, as well as Nordic responses to legal developments at the European and international levels. The articles moreover examine how Nordic countries and courts have responded to the growing role of international courts and supervisory mechanisms involved in migration and refugee law. At a more general level, the issue further asks whether it is possible to identify a particular Nordic approach to or impact on international migration and refugee law. Historically, Nordic state practice and Nordic scholarship have both played a significant role in framing international legal developments1 as
{"title":"Introduction: Nordic Visions of International Migration and Refugee Law","authors":"T. Gammeltoft‐Hansen, S. Ford","doi":"10.1163/15718107-91010001","DOIUrl":"https://doi.org/10.1163/15718107-91010001","url":null,"abstract":"This special issue of the Nordic Journal of International Law aims to broadly engage Nordic asylum and immigration regulation as an issue of international law. As an area of international law which both historically and today has held special significance in the Nordic countries, the issue presents a set of articles investigating the different domestic constructions and applications of international law, as well as Nordic responses to legal developments at the European and international levels. The articles moreover examine how Nordic countries and courts have responded to the growing role of international courts and supervisory mechanisms involved in migration and refugee law. At a more general level, the issue further asks whether it is possible to identify a particular Nordic approach to or impact on international migration and refugee law. Historically, Nordic state practice and Nordic scholarship have both played a significant role in framing international legal developments1 as","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45790181","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}
Pub Date : 2022-02-22DOI: 10.1163/15718107-91010006
J. Vedsted-Hansen
Whereas Danish legislation traditionally accommodated international human rights obligations, as demonstrated by the 1992 incorporation of the European Convention on Human Rights, the past two decades have seen a significant counter-reaction. The changing approach has become manifest in connection with numerous restrictions of immigration and asylum policy in which international obligations were perceived as a constraint to domestic lawmaking. In order to manage the limits of international law, the Danish legislature has developed various strategies with a view to reconciling increasingly restrictive measures with human rights obligations. As compatibility became more difficult, new regulatory strategies were introduced along with rhetoric openly challenging international obligations, based on more unilateral or nationalist policy framing in light of the 2015 asylum crisis. The article will provide a typology of these strategies and analyse them in the context of judicial responses at domestic and international levels.
{"title":"Legislative and Judicial Strategies in Danish Law","authors":"J. Vedsted-Hansen","doi":"10.1163/15718107-91010006","DOIUrl":"https://doi.org/10.1163/15718107-91010006","url":null,"abstract":"\u0000Whereas Danish legislation traditionally accommodated international human rights obligations, as demonstrated by the 1992 incorporation of the European Convention on Human Rights, the past two decades have seen a significant counter-reaction. The changing approach has become manifest in connection with numerous restrictions of immigration and asylum policy in which international obligations were perceived as a constraint to domestic lawmaking. In order to manage the limits of international law, the Danish legislature has developed various strategies with a view to reconciling increasingly restrictive measures with human rights obligations. As compatibility became more difficult, new regulatory strategies were introduced along with rhetoric openly challenging international obligations, based on more unilateral or nationalist policy framing in light of the 2015 asylum crisis. The article will provide a typology of these strategies and analyse them in the context of judicial responses at domestic and international levels.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49506365","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}
Pub Date : 2022-02-22DOI: 10.1163/15718107-91010004
Saila Heinikoski, Tatu Hyttinen
In this article, we analyse the measures during the Covid-19 pandemic with which the Nordic countries Sweden, Denmark, Norway and Finland have placed restrictions based on the Free Movement Directive 2004/38/ec and reintroduced internal border controls stipulated in the Schengen Borders Code (Regulation 2016/399). Although currently regulated by these EU rules, Nordic free movement dates back to the common Nordic labour market and Nordic passport union established in the 1950s. Already in the beginning of the Covid-19 pandemic, all Nordic countries except Sweden decided to reintroduce stricter internal border controls and restrict the entry of EU citizens into their countries. The article analyses these restrictions and illustrates that the countries interpret EU rules differently, lack a common Nordic approach to EU law in the field of free movement, and compromise even the rule of law.
{"title":"The Impact of Covid-19 on the Free Movement Regime in the North","authors":"Saila Heinikoski, Tatu Hyttinen","doi":"10.1163/15718107-91010004","DOIUrl":"https://doi.org/10.1163/15718107-91010004","url":null,"abstract":"\u0000In this article, we analyse the measures during the Covid-19 pandemic with which the Nordic countries Sweden, Denmark, Norway and Finland have placed restrictions based on the Free Movement Directive 2004/38/ec and reintroduced internal border controls stipulated in the Schengen Borders Code (Regulation 2016/399). Although currently regulated by these EU rules, Nordic free movement dates back to the common Nordic labour market and Nordic passport union established in the 1950s. Already in the beginning of the Covid-19 pandemic, all Nordic countries except Sweden decided to reintroduce stricter internal border controls and restrict the entry of EU citizens into their countries. The article analyses these restrictions and illustrates that the countries interpret EU rules differently, lack a common Nordic approach to EU law in the field of free movement, and compromise even the rule of law.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47587730","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}
Pub Date : 2022-02-22DOI: 10.1163/15718107-91010002
R. Stern
In the Nordic countries children’s rights generally hold a particularly high normative status. All Nordic countries except for Denmark have incorporated the key human rights treaty on children, the UN Convention on the Rights of the Child (the crc), into the domestic legal order, giving the crc status as domestic law. Drawing on wider literature to define a key set of “expectations on incorporation”, the article analyses the extent to which incorporation of the crc in the domestic legal order of four out of five Nordic countries has had an impact on legal developments in the Nordics in the wake of the 2015 “refugee crisis”. It is suggested that in asylum law, where the risk of a conflict of interest between the individual and the State in many ways is obvious, there seems to be significant room for improvement when it comes to the actual impact of the crc.
{"title":"Great Expectations?","authors":"R. Stern","doi":"10.1163/15718107-91010002","DOIUrl":"https://doi.org/10.1163/15718107-91010002","url":null,"abstract":"\u0000In the Nordic countries children’s rights generally hold a particularly high normative status. All Nordic countries except for Denmark have incorporated the key human rights treaty on children, the UN Convention on the Rights of the Child (the crc), into the domestic legal order, giving the crc status as domestic law. Drawing on wider literature to define a key set of “expectations on incorporation”, the article analyses the extent to which incorporation of the crc in the domestic legal order of four out of five Nordic countries has had an impact on legal developments in the Nordics in the wake of the 2015 “refugee crisis”. It is suggested that in asylum law, where the risk of a conflict of interest between the individual and the State in many ways is obvious, there seems to be significant room for improvement when it comes to the actual impact of the crc.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44665125","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}
While efforts by destination states in the Global North to externalise their asylum are not new, Denmark’s current proposal to establish a reception centre outside the EU is novel in the Nordic context. Since 2018, the Danish Social Democrats have proposed transferring all asylum seekers arriving on Danish territory to a third country for the processing of their asylum claims. This contribution provides an account of the Danish extraterritorial asylum effort, from the origins of the 2018 Social Democrats’ platform to the 2021 amendments to Denmark’s Aliens Act. The contribution pays particular attention to international reactions to the Danish policy, before reflecting on the current and potential role of extraterritorial asylum policies in the international protection regime.
{"title":"Policy Analysis","authors":"N. Tan","doi":"10.4324/9781315663289","DOIUrl":"https://doi.org/10.4324/9781315663289","url":null,"abstract":"\u0000While efforts by destination states in the Global North to externalise their asylum are not new, Denmark’s current proposal to establish a reception centre outside the EU is novel in the Nordic context. Since 2018, the Danish Social Democrats have proposed transferring all asylum seekers arriving on Danish territory to a third country for the processing of their asylum claims. This contribution provides an account of the Danish extraterritorial asylum effort, from the origins of the 2018 Social Democrats’ platform to the 2021 amendments to Denmark’s Aliens Act. The contribution pays particular attention to international reactions to the Danish policy, before reflecting on the current and potential role of extraterritorial asylum policies in the international protection regime.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46380840","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}
Pub Date : 2021-12-01DOI: 10.1163/15718107-90040007
Pekka Niemelä, Tuija von der Pütten
This article provides an in-depth analysis of the substantive protection provided to investors against indirect expropriations under the EU-Canada Free Trade Agreement (ceta) and under the Constitution of Finland. More specifically, we analyse these respective spheres of protection in a regulatory context in Finland where Canadian investors operate actively: industrial mining. The purpose of the comparative analysis is to provide tentative answers to three broad research questions: Can investors challenge legitimate public interest measures under ceta’s investment protection rules? Is the protection provided under ceta co-extensive with the protection provided under the constitutions of countries placing high on global rule of law rankings? And are countries upholding the rule of law safe from investor claims under ceta’s reformed investment protection rules? A more general purpose is to bring more depth and nuance into the debates concerning the reform of the investment treaty regime, which often travel at a high level of abstraction.
{"title":"The Investment Protection Rules of the EU-Canada Trade Agreement","authors":"Pekka Niemelä, Tuija von der Pütten","doi":"10.1163/15718107-90040007","DOIUrl":"https://doi.org/10.1163/15718107-90040007","url":null,"abstract":"\u0000This article provides an in-depth analysis of the substantive protection provided to investors against indirect expropriations under the EU-Canada Free Trade Agreement (ceta) and under the Constitution of Finland. More specifically, we analyse these respective spheres of protection in a regulatory context in Finland where Canadian investors operate actively: industrial mining. The purpose of the comparative analysis is to provide tentative answers to three broad research questions: Can investors challenge legitimate public interest measures under ceta’s investment protection rules? Is the protection provided under ceta co-extensive with the protection provided under the constitutions of countries placing high on global rule of law rankings? And are countries upholding the rule of law safe from investor claims under ceta’s reformed investment protection rules? A more general purpose is to bring more depth and nuance into the debates concerning the reform of the investment treaty regime, which often travel at a high level of abstraction.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44650782","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}
Pub Date : 2021-12-01DOI: 10.1163/15718107-90040004
Tarja Långström
International codification efforts have not yet yielded functioning treaty regimes relating to jurisdictional immunities of states and their property. In practice, however, many states have embraced a restrictive approach to state immunity, either in special legislation enacted to that effect, or in their judicial practice. There is no special legislation on state immunity in Finland, but the courts have been faced with state immunity questions on a few occasions. The courts have made an effort to apply the 2004 UN Convention on Jurisdictional Immunities of States and Their Property as a matter of customary international law binding on Finland. By so doing they have steered the Finnish practice towards restrictive understanding of state immunity.
{"title":"Jurisdictional Immunity of States in the Evolving Practice of the Finnish Courts","authors":"Tarja Långström","doi":"10.1163/15718107-90040004","DOIUrl":"https://doi.org/10.1163/15718107-90040004","url":null,"abstract":"\u0000International codification efforts have not yet yielded functioning treaty regimes relating to jurisdictional immunities of states and their property. In practice, however, many states have embraced a restrictive approach to state immunity, either in special legislation enacted to that effect, or in their judicial practice. There is no special legislation on state immunity in Finland, but the courts have been faced with state immunity questions on a few occasions. The courts have made an effort to apply the 2004 UN Convention on Jurisdictional Immunities of States and Their Property as a matter of customary international law binding on Finland. By so doing they have steered the Finnish practice towards restrictive understanding of state immunity.","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46603101","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}
Pub Date : 2021-12-01DOI: 10.1163/15718107-90040003
Astrid Kjeldgaard-Pedersen
{"title":"Nordic Journal of International Law at 90","authors":"Astrid Kjeldgaard-Pedersen","doi":"10.1163/15718107-90040003","DOIUrl":"https://doi.org/10.1163/15718107-90040003","url":null,"abstract":"","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42729441","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}
Pub Date : 2021-12-01DOI: 10.1163/15718107-90040010
{"title":"Contents","authors":"","doi":"10.1163/15718107-90040010","DOIUrl":"https://doi.org/10.1163/15718107-90040010","url":null,"abstract":"","PeriodicalId":34997,"journal":{"name":"Nordic Journal of International Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47444519","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}
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