Pub Date : 2022-03-01DOI: 10.1017/S0021223721000315
Lord Burrows
This article is a lightly revised version of the Lionel Cohen Lecture 2021 given by the author in October 2021. It looks at the relationship between legal academics and judges. The title of the article derives from one of the judgments of the great Lord Goff. The article has three main parts. First, it explores the increased influence of legal academics on judges in England and Wales towards the end of the twentieth century. Secondly, it examines how academic work can assist judges and makes a plea for recognition of the importance of ‘practical legal scholarship’. Finally, drawing on the author's own recent experience, the article examines how being a judge of the United Kingdom Supreme Court differs from being an academic.
{"title":"Judges and Academics, and the Endless Road to Unattainable Perfection","authors":"Lord Burrows","doi":"10.1017/S0021223721000315","DOIUrl":"https://doi.org/10.1017/S0021223721000315","url":null,"abstract":"This article is a lightly revised version of the Lionel Cohen Lecture 2021 given by the author in October 2021. It looks at the relationship between legal academics and judges. The title of the article derives from one of the judgments of the great Lord Goff. The article has three main parts. First, it explores the increased influence of legal academics on judges in England and Wales towards the end of the twentieth century. Secondly, it examines how academic work can assist judges and makes a plea for recognition of the importance of ‘practical legal scholarship’. Finally, drawing on the author's own recent experience, the article examines how being a judge of the United Kingdom Supreme Court differs from being an academic.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45270148","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 : 2022-02-08DOI: 10.1017/S0021223721000224
Daley J. Birkett, D. Sejko
This article analyses attempts by the Libyan Investment Authority (LIA), the sovereign wealth fund of Libya, to challenge the domestic implementation of asset-freezing measures requested by the United Nations Security Council (UNSC) and the International Criminal Court (ICC) in the United Kingdom (UK) and Italy. The UNSC requested that states freeze LIA assets in early 2011 before partially easing the restrictions imposed in September of the same year, while the ICC requested the freezing of assets belonging to the then Libyan leader, Muammar Gaddafi, and two further accused persons shortly thereafter. The article scrutinises how these measures were incorporated into the legal orders of the UK and Italy before analysing how the LIA has challenged these actions in the Italian courts and those of England and Wales. In so doing, it aims to demonstrate that domestic courts offer additional fora in which individuals (and entities) might seek to enforce the legal protection to which they are entitled when faced with their assets having been frozen by states at the request of the UNSC and/or the ICC.
{"title":"Challenging UN Security Council- and International Criminal Court-Requested Asset Freezes in Domestic Courts: Views from the United Kingdom and Italy","authors":"Daley J. Birkett, D. Sejko","doi":"10.1017/S0021223721000224","DOIUrl":"https://doi.org/10.1017/S0021223721000224","url":null,"abstract":"This article analyses attempts by the Libyan Investment Authority (LIA), the sovereign wealth fund of Libya, to challenge the domestic implementation of asset-freezing measures requested by the United Nations Security Council (UNSC) and the International Criminal Court (ICC) in the United Kingdom (UK) and Italy. The UNSC requested that states freeze LIA assets in early 2011 before partially easing the restrictions imposed in September of the same year, while the ICC requested the freezing of assets belonging to the then Libyan leader, Muammar Gaddafi, and two further accused persons shortly thereafter. The article scrutinises how these measures were incorporated into the legal orders of the UK and Italy before analysing how the LIA has challenged these actions in the Italian courts and those of England and Wales. In so doing, it aims to demonstrate that domestic courts offer additional fora in which individuals (and entities) might seek to enforce the legal protection to which they are entitled when faced with their assets having been frozen by states at the request of the UNSC and/or the ICC.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45815355","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 : 2022-02-04DOI: 10.1017/S0021223721000273
Sufyan Droubi
The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home countries of the corporations and in countries in which they may conduct business – specifically, the United States, Canada and Europe. Skinner recommends that new legislation be introduced in these countries to ensure that their courts have jurisdiction to hear cases, under international human rights law, even when the cases have little or no links with the forum countries. I argue that a more robust international law and interdisciplinary approach shows that international human rights law alone provides a weak basis for the recommendations. I also reflect on part of the narrative that supports Skinner's argument, which builds a negative image of the courts in developing countries, to argue that this is unnecessary and that expansions of the bases of jurisdiction should be implemented on specific and stronger reasons.
{"title":"An Interdisciplinary Dialogue with the Business and Human Rights Literature","authors":"Sufyan Droubi","doi":"10.1017/S0021223721000273","DOIUrl":"https://doi.org/10.1017/S0021223721000273","url":null,"abstract":"The article draws on scholarships in the areas of international law, inequality and energy justice to engage in a dialogue with the business and human rights literature, from the perspective of the global south and Latin America, in particular. It engages with Gwynne Skinner's monograph about overcoming barriers to judicial remedy for corporate abuses of human rights. Skinner argues that if victims of these abuses cannot secure remedy in the countries in which the abuses occur – because of weak or corrupt institutions, among other factors – then the victims have a right to remedy in the home countries of the corporations and in countries in which they may conduct business – specifically, the United States, Canada and Europe. Skinner recommends that new legislation be introduced in these countries to ensure that their courts have jurisdiction to hear cases, under international human rights law, even when the cases have little or no links with the forum countries. I argue that a more robust international law and interdisciplinary approach shows that international human rights law alone provides a weak basis for the recommendations. I also reflect on part of the narrative that supports Skinner's argument, which builds a negative image of the courts in developing countries, to argue that this is unnecessary and that expansions of the bases of jurisdiction should be implemented on specific and stronger reasons.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48206623","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 : 2022-01-28DOI: 10.1017/s0021223721000303
M. Shaw, Y. Shany, Y. Ronen
In line with the Israel Law Review's long tradition, and after a COVID-19-imposed hiatus, we are pleased to feature in this issue the 2021 Lionel Cohen lecture by Lord Andrew Burrows, Justice of the UK Supreme Court. Sufyan Droubi's review essay, ‘An Interdisciplinary Dialogue with the Business and Human Rights Literature’, draws on scholarship concerning international law, inequality and energy justice, in order to engage with Gwynne Skinner's Transnational Corporations and Human Rights: Overcoming Barriers to Judicial Remedy (Cambridge University Press 2020) and in order to examine the literature with regard to business and human rights, particularly from the perspective of the global south and Latin America. [...]it is our pleasure to conclude this introduction with the announcement that the 2020 Israel Law Review Prize has been awarded to Tomer Levinger for his article ‘Denying the Right of Return as a Crime Against Humanity’, published in issue 54(2).
{"title":"Introduction","authors":"M. Shaw, Y. Shany, Y. Ronen","doi":"10.1017/s0021223721000303","DOIUrl":"https://doi.org/10.1017/s0021223721000303","url":null,"abstract":"In line with the Israel Law Review's long tradition, and after a COVID-19-imposed hiatus, we are pleased to feature in this issue the 2021 Lionel Cohen lecture by Lord Andrew Burrows, Justice of the UK Supreme Court. Sufyan Droubi's review essay, ‘An Interdisciplinary Dialogue with the Business and Human Rights Literature’, draws on scholarship concerning international law, inequality and energy justice, in order to engage with Gwynne Skinner's Transnational Corporations and Human Rights: Overcoming Barriers to Judicial Remedy (Cambridge University Press 2020) and in order to examine the literature with regard to business and human rights, particularly from the perspective of the global south and Latin America. [...]it is our pleasure to conclude this introduction with the announcement that the 2020 Israel Law Review Prize has been awarded to Tomer Levinger for his article ‘Denying the Right of Return as a Crime Against Humanity’, published in issue 54(2).","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47258206","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 : 2022-01-24DOI: 10.1017/s0021223721000327
Yoav Kapshuk, Lisa Strömbom
{"title":"Israeli Pre-Transitional Justice and the Nakba Law – CORRIGENDUM","authors":"Yoav Kapshuk, Lisa Strömbom","doi":"10.1017/s0021223721000327","DOIUrl":"https://doi.org/10.1017/s0021223721000327","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2022-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45243295","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 : 2021-11-01DOI: 10.1017/S0021223721000236
Y. Shany, Y. Ronen
{"title":"ISR volume 54 issue 3 Cover and Front matter","authors":"Y. Shany, Y. Ronen","doi":"10.1017/S0021223721000236","DOIUrl":"https://doi.org/10.1017/S0021223721000236","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47383030","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 : 2021-11-01DOI: 10.1017/S0021223721000248
{"title":"ISR volume 54 issue 3 Cover and Back matter","authors":"","doi":"10.1017/S0021223721000248","DOIUrl":"https://doi.org/10.1017/S0021223721000248","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44425671","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 : 2021-11-01DOI: 10.1017/S0021223721000212
Boleslaw Z. Kabala, M. Hallgarth
In his impassioned No More War: How the West Violates International Law by Using ‘Humanitarian’ Intervention to Advance Economic and Strategic Interests, human rights lawyer Dan Kovalik makes the case that the recently considered responsibility to protect (R2P) doctrine, which allows for humanitarian intervention in narrowly defined circumstances, is legally and morally untenable. Humanitarian interventions of this kind, Kovalik argues, mask the true imperial interests of those who intervene and perpetuate a colonial legacy of northern domination of the global south. No More War bridges academic and popular discourse, making it an informative read for those involved in the theoretical and legal study of international relations and for policymakers in the field. Nevertheless, Kovalik's book would benefit from a sharper distinction between international norms and laws. Although the impact of the R2P documents on international law is debatable, there is little controversy that the norm surrounding humanitarian intervention has changed. Moreover, as we show, there are reasons to believe that the law has changed as well. Kovalik's book would also have benefited from omitting a number of polemical points, which may alienate readers who might otherwise agree with his core theses.
{"title":"R2P and Empire: On Dan Kovalik's No More War: How the West Violates International Law by Using ‘Humanitarian’ Intervention to Advance Economic and Strategic Interests, and How Principled Realism Will Reduce Domination Around the World","authors":"Boleslaw Z. Kabala, M. Hallgarth","doi":"10.1017/S0021223721000212","DOIUrl":"https://doi.org/10.1017/S0021223721000212","url":null,"abstract":"In his impassioned No More War: How the West Violates International Law by Using ‘Humanitarian’ Intervention to Advance Economic and Strategic Interests, human rights lawyer Dan Kovalik makes the case that the recently considered responsibility to protect (R2P) doctrine, which allows for humanitarian intervention in narrowly defined circumstances, is legally and morally untenable. Humanitarian interventions of this kind, Kovalik argues, mask the true imperial interests of those who intervene and perpetuate a colonial legacy of northern domination of the global south. No More War bridges academic and popular discourse, making it an informative read for those involved in the theoretical and legal study of international relations and for policymakers in the field. Nevertheless, Kovalik's book would benefit from a sharper distinction between international norms and laws. Although the impact of the R2P documents on international law is debatable, there is little controversy that the norm surrounding humanitarian intervention has changed. Moreover, as we show, there are reasons to believe that the law has changed as well. Kovalik's book would also have benefited from omitting a number of polemical points, which may alienate readers who might otherwise agree with his core theses.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43702883","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 : 2021-10-21DOI: 10.1017/s0021223721000182
Grażyna Baranowska
The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled ‘The Missing and Their Families’ of the National Implementation Database of the International Committee of the Red Cross is then examined. The analysis addresses three core questions that are particularly relevant for families of missing persons: (1) Who is considered a missing person under each law? Approaching this question allows the testing of whether states follow the understanding of ‘missing persons’ under IHL treaty law. The second and third questions address two issues that are crucial for families of missing persons that are not addressed in IHL: (2) How is the legal status of the missing person regulated? (3) Are family members provided with measures of reparation and/or assistance? This approach reveals that states rarely apply the IHL understanding of ‘missing persons’ and predominantly exceed IHL by addressing some of the identified shortcomings. It further shows that states provide families of missing persons either with reparation measures – in cases of human rights violations – or, less often, with measures of assistance in post-conflict situations.
{"title":"The Rights of the Families of Missing Persons: Going Beyond International Humanitarian Law","authors":"Grażyna Baranowska","doi":"10.1017/s0021223721000182","DOIUrl":"https://doi.org/10.1017/s0021223721000182","url":null,"abstract":"The main aim of the article is to test how states implement international humanitarian law (IHL) with regard to the families of missing persons. The article shows relevant IHL shortcomings and compares them with rules applicable in cases of enforced disappearance. The national legislation collected in the section titled ‘The Missing and Their Families’ of the National Implementation Database of the International Committee of the Red Cross is then examined. The analysis addresses three core questions that are particularly relevant for families of missing persons: (1) Who is considered a missing person under each law? Approaching this question allows the testing of whether states follow the understanding of ‘missing persons’ under IHL treaty law. The second and third questions address two issues that are crucial for families of missing persons that are not addressed in IHL: (2) How is the legal status of the missing person regulated? (3) Are family members provided with measures of reparation and/or assistance? This approach reveals that states rarely apply the IHL understanding of ‘missing persons’ and predominantly exceed IHL by addressing some of the identified shortcomings. It further shows that states provide families of missing persons either with reparation measures – in cases of human rights violations – or, less often, with measures of assistance in post-conflict situations.","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42652559","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 : 2021-10-14DOI: 10.1017/s0021223721000170
M. Sterio
{"title":"Boxing Pandora: Rethinking Borders, States, and Secession in a Democratic World Timothy William Waters Yale University Press, 2020, 320 pp, $38 hb, ISBN 9780300235890","authors":"M. Sterio","doi":"10.1017/s0021223721000170","DOIUrl":"https://doi.org/10.1017/s0021223721000170","url":null,"abstract":"","PeriodicalId":44911,"journal":{"name":"ISRAEL LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-10-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42857971","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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