Pub Date : 2022-12-01DOI: 10.1017/s0922156522000723
J. Uriburu
{"title":"Imperialism through adjudication in Latin America – ERRATUM","authors":"J. Uriburu","doi":"10.1017/s0922156522000723","DOIUrl":"https://doi.org/10.1017/s0922156522000723","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"217 - 217"},"PeriodicalIF":1.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41485816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-01DOI: 10.1017/S0922156522000681
Moshe Hirsch, Milad A. Said Barguil
Abstract Social memory studies start from the premise that people acquire their memories not only through individual means, but through social processes as well. Social groups often provide materials for memory, and prod individuals into recalling particular events. One of the distinctive differences between the practice of the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR) concerns memory-related remedies. While the IACtHR quite frequently orders respondent states to commemorate grave violations of human rights (including the construction of monuments), the ECtHR has refrained from granting such commemorative remedies. Some organizations representing victims have called upon additional tribunals to embrace the IACtHR’s remedial approach to address grave breaches of international law. Drawing on social memory scholarship, this study is aimed at empirically assessing the impact of four sites of memory in Colombia established by order of the IACtHR. The study’s findings suggest that international tribunals alone cannot shape collective memories that are inconsistent with sociocultural features characterizing the local society. On the other hand, judicially-ordered sites of memory are meaningful for the victims’ families and small-scale social units. These findings turn our attention to micro-level sociological perspectives, and particularly to the symbolic-interactionist approach to international law, highlighting the vital symbolic role of international tribunals for individuals and small social units. The valuable role of such memorial sites for the victims’ relatives and related communities suggests that international tribunals addressing grave human rights violations should consider granting commemorative remedies.
{"title":"Social memory and the impact of commemorative remedies ordered by the Inter-American Court of Human Rights","authors":"Moshe Hirsch, Milad A. Said Barguil","doi":"10.1017/S0922156522000681","DOIUrl":"https://doi.org/10.1017/S0922156522000681","url":null,"abstract":"Abstract Social memory studies start from the premise that people acquire their memories not only through individual means, but through social processes as well. Social groups often provide materials for memory, and prod individuals into recalling particular events. One of the distinctive differences between the practice of the Inter-American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR) concerns memory-related remedies. While the IACtHR quite frequently orders respondent states to commemorate grave violations of human rights (including the construction of monuments), the ECtHR has refrained from granting such commemorative remedies. Some organizations representing victims have called upon additional tribunals to embrace the IACtHR’s remedial approach to address grave breaches of international law. Drawing on social memory scholarship, this study is aimed at empirically assessing the impact of four sites of memory in Colombia established by order of the IACtHR. The study’s findings suggest that international tribunals alone cannot shape collective memories that are inconsistent with sociocultural features characterizing the local society. On the other hand, judicially-ordered sites of memory are meaningful for the victims’ families and small-scale social units. These findings turn our attention to micro-level sociological perspectives, and particularly to the symbolic-interactionist approach to international law, highlighting the vital symbolic role of international tribunals for individuals and small social units. The valuable role of such memorial sites for the victims’ relatives and related communities suggests that international tribunals addressing grave human rights violations should consider granting commemorative remedies.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"9 - 31"},"PeriodicalIF":1.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49532861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-29DOI: 10.1017/S0922156522000620
Yusra Suedi
Abstract In its jurisprudence, the ICJ has developed a hierarchy of sources it will rely on to resolve territorial disputes: it prioritizes a boundary treaty between the state litigants, followed by agreements between the states’ colonial predecessors, and finally state litigants’ actions displaying their authority over the disputed territory. The Court’s practice therefore leaves no room for local populations to contribute to boundary-making decisions. Given the status self-determination holds in international law today, and the repercussions possibly faced by such populations in certain territorial disputes, there is cause to consider that the desires of local populations should be considered in the Court’s legal reasoning. This article first unpacks the reasons that self-determination is not brought up by state litigants on one hand, nor by the Court on the other hand. It notes that self-determination is only rhetorically addressed by states if buttressing their interests. It therefore attempts to reconcile self-determination with territorial disputes, suggesting how peoples’ desires may be factored into the Court’s approach.
{"title":"Self-determination in territorial disputes before the International Court of Justice: From rhetoric to reality?","authors":"Yusra Suedi","doi":"10.1017/S0922156522000620","DOIUrl":"https://doi.org/10.1017/S0922156522000620","url":null,"abstract":"Abstract In its jurisprudence, the ICJ has developed a hierarchy of sources it will rely on to resolve territorial disputes: it prioritizes a boundary treaty between the state litigants, followed by agreements between the states’ colonial predecessors, and finally state litigants’ actions displaying their authority over the disputed territory. The Court’s practice therefore leaves no room for local populations to contribute to boundary-making decisions. Given the status self-determination holds in international law today, and the repercussions possibly faced by such populations in certain territorial disputes, there is cause to consider that the desires of local populations should be considered in the Court’s legal reasoning. This article first unpacks the reasons that self-determination is not brought up by state litigants on one hand, nor by the Court on the other hand. It notes that self-determination is only rhetorically addressed by states if buttressing their interests. It therefore attempts to reconcile self-determination with territorial disputes, suggesting how peoples’ desires may be factored into the Court’s approach.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"161 - 177"},"PeriodicalIF":1.5,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44039737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-28DOI: 10.1017/S092215652200067X
Rafael Lima Sakr
Abstract Lomé Conventions I (1975) and II (1979) were the first regional trade agreements (RTAs) between the European Community (EC) and the group of postcolonial countries in Africa, the Caribbean, and Pacific (ACP). Specialized scholarship offers rich analyses of those Conventions; however, little is known about the role of law and lawyers in their making, and their relevance for present-day debates about RTAs. This article advances existing knowledge in two ways. First, it historicizes the more visible role of law in constituting Lomé as a legal regime for governing EC-ACP regionalism. It then argues that the Conventions were distinct from existing RTAs due to their unique centrality on social and economic development; and from present-day RTAs, because they were conceived not simply as instrumental to but also as constitutive of development. Second, by historicizing the less visible role of law and lawyers in the Lomé regime, the article identifies that a specialist conception of South-North RTAs was refined to govern which ideas, projects, norms, and institutions were applicable to Lomé. This distinct conception – called the development framework – was critical in creating the conditions of possibility for decision-makers negotiate, interpret, and manage the Conventions. Those findings challenge conventional wisdom on two grounds. They suggest that Lomé was unique not for embodying a new model but for consolidating the development framework’s dominance. They contest present-day understanding of RTAs as textual manifestations of a universal concept by demonstrating the existence of competing conceptions, which express distinct notions of RTAs’ purpose, content, and form.
{"title":"Regionalism as development: The Lomé Conventions I and II (1975–1985)","authors":"Rafael Lima Sakr","doi":"10.1017/S092215652200067X","DOIUrl":"https://doi.org/10.1017/S092215652200067X","url":null,"abstract":"Abstract Lomé Conventions I (1975) and II (1979) were the first regional trade agreements (RTAs) between the European Community (EC) and the group of postcolonial countries in Africa, the Caribbean, and Pacific (ACP). Specialized scholarship offers rich analyses of those Conventions; however, little is known about the role of law and lawyers in their making, and their relevance for present-day debates about RTAs. This article advances existing knowledge in two ways. First, it historicizes the more visible role of law in constituting Lomé as a legal regime for governing EC-ACP regionalism. It then argues that the Conventions were distinct from existing RTAs due to their unique centrality on social and economic development; and from present-day RTAs, because they were conceived not simply as instrumental to but also as constitutive of development. Second, by historicizing the less visible role of law and lawyers in the Lomé regime, the article identifies that a specialist conception of South-North RTAs was refined to govern which ideas, projects, norms, and institutions were applicable to Lomé. This distinct conception – called the development framework – was critical in creating the conditions of possibility for decision-makers negotiate, interpret, and manage the Conventions. Those findings challenge conventional wisdom on two grounds. They suggest that Lomé was unique not for embodying a new model but for consolidating the development framework’s dominance. They contest present-day understanding of RTAs as textual manifestations of a universal concept by demonstrating the existence of competing conceptions, which express distinct notions of RTAs’ purpose, content, and form.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"33 - 59"},"PeriodicalIF":1.5,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43251140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-28DOI: 10.1017/S0922156522000607
B. Boutin
Abstract This article explores the conditions and modalities under which a state can incur responsibility in relation to violations of international law involving military applications of artificial intelligence (AI) technologies. While the question of how to attribute and allocate responsibility for wrongful conduct is one of the central contemporary challenges of AI, the perspective of state responsibility under international law remains relatively underexplored. Moreover, most scholarly and policy debates have focused on questions raised by autonomous weapons systems (AWS), without paying significant attention to issues raised by other potential applications of AI in the military domain. This article provides a comprehensive analysis of state responsibility in relation to military AI. It discusses state responsibility for the wrongful use of AI-enabled military technologies and the question of attribution of conduct, as well as state responsibility prior to deployment, for failure to ensure compliance of AI systems with international law at the stages of development or acquisition. Further, it analyses derived state responsibility, which may arise in relation to the conduct of other states or private actors.
{"title":"State responsibility in relation to military applications of artificial intelligence","authors":"B. Boutin","doi":"10.1017/S0922156522000607","DOIUrl":"https://doi.org/10.1017/S0922156522000607","url":null,"abstract":"Abstract This article explores the conditions and modalities under which a state can incur responsibility in relation to violations of international law involving military applications of artificial intelligence (AI) technologies. While the question of how to attribute and allocate responsibility for wrongful conduct is one of the central contemporary challenges of AI, the perspective of state responsibility under international law remains relatively underexplored. Moreover, most scholarly and policy debates have focused on questions raised by autonomous weapons systems (AWS), without paying significant attention to issues raised by other potential applications of AI in the military domain. This article provides a comprehensive analysis of state responsibility in relation to military AI. It discusses state responsibility for the wrongful use of AI-enabled military technologies and the question of attribution of conduct, as well as state responsibility prior to deployment, for failure to ensure compliance of AI systems with international law at the stages of development or acquisition. Further, it analyses derived state responsibility, which may arise in relation to the conduct of other states or private actors.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"133 - 150"},"PeriodicalIF":1.5,"publicationDate":"2022-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48288901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-14DOI: 10.1017/S0922156522000644
J. Uriburu
{"title":"Imperialism through adjudication in Latin America","authors":"J. Uriburu","doi":"10.1017/S0922156522000644","DOIUrl":"https://doi.org/10.1017/S0922156522000644","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"203 - 215"},"PeriodicalIF":1.5,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49552899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-09DOI: 10.1017/S0922156522000693
Paula Baldini Miranda da Cruz
1. ‘Is there a Problem? What is it?’ Those were the questions raised in our June 2021 Board meeting. At that point in time, our Editorial Board had been – like the rest of the world – grappling with more than a year of the COVID-19 pandemic. Feeling the effects of being suddenly forced to work from home and struggling with care-giving duties, we were concerned with the effects of the pandemic on LJIL authors, especially women.1 In particular, a few of us had the impression from their daily editorial work that there had been a drop in the number of submissions made by women. As an academic journal that aims to provide a platform for new and diverse voices as a way of contributing to the development of international legal debate,2 we hoped that this perceived decline in women’s submissions would prove illusory, or if not that, temporary; and also that our processes and peer-review practices were not only effective in selecting excellent articles, but also fair and non-discriminatory. We therefore set out to determine empirically whether our suspicions were real by going through LJIL data. The first step was to establish data on gender distribution of the LJIL authorship and how our peer-review and decision-making processes could be improved to foster a more diverse publication. In this editorial, I present, on behalf of the LJIL Board, the results of what was initially envisioned as an internal study on the presence of women in LJIL. Our main goal was to determine the share of men and women in LJIL submissions and published articles over time. Collecting the data served a twofold purpose: (i) data on publications shows us LJIL’s current state of affairs in terms of gender representation while (ii) data on submissions help us identify how our current processes for submission and peer-review shape this state of affairs. Before explaining the study and our conclusions, we must draw attention to two points. The first relates to limitations in our study. The results presented below are based on a binary division of gender between men and women that is outdated. Although we do not subscribe to this binary, the limited resources and available information unfortunately did not allow us to ascertain further than the binomial ‘men-women’. Those same limitations have also prevented us from examining the effects of intersectional markers such as ethnicity, race, religion, and other identity markers.
{"title":"Gender at the LJIL","authors":"Paula Baldini Miranda da Cruz","doi":"10.1017/S0922156522000693","DOIUrl":"https://doi.org/10.1017/S0922156522000693","url":null,"abstract":"1. ‘Is there a Problem? What is it?’ Those were the questions raised in our June 2021 Board meeting. At that point in time, our Editorial Board had been – like the rest of the world – grappling with more than a year of the COVID-19 pandemic. Feeling the effects of being suddenly forced to work from home and struggling with care-giving duties, we were concerned with the effects of the pandemic on LJIL authors, especially women.1 In particular, a few of us had the impression from their daily editorial work that there had been a drop in the number of submissions made by women. As an academic journal that aims to provide a platform for new and diverse voices as a way of contributing to the development of international legal debate,2 we hoped that this perceived decline in women’s submissions would prove illusory, or if not that, temporary; and also that our processes and peer-review practices were not only effective in selecting excellent articles, but also fair and non-discriminatory. We therefore set out to determine empirically whether our suspicions were real by going through LJIL data. The first step was to establish data on gender distribution of the LJIL authorship and how our peer-review and decision-making processes could be improved to foster a more diverse publication. In this editorial, I present, on behalf of the LJIL Board, the results of what was initially envisioned as an internal study on the presence of women in LJIL. Our main goal was to determine the share of men and women in LJIL submissions and published articles over time. Collecting the data served a twofold purpose: (i) data on publications shows us LJIL’s current state of affairs in terms of gender representation while (ii) data on submissions help us identify how our current processes for submission and peer-review shape this state of affairs. Before explaining the study and our conclusions, we must draw attention to two points. The first relates to limitations in our study. The results presented below are based on a binary division of gender between men and women that is outdated. Although we do not subscribe to this binary, the limited resources and available information unfortunately did not allow us to ascertain further than the binomial ‘men-women’. Those same limitations have also prevented us from examining the effects of intersectional markers such as ethnicity, race, religion, and other identity markers.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"1 - 7"},"PeriodicalIF":1.5,"publicationDate":"2022-11-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43601166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-08DOI: 10.1017/s0922156522000656
{"title":"LJL volume 35 issue 4 Cover and Front matter","authors":"","doi":"10.1017/s0922156522000656","DOIUrl":"https://doi.org/10.1017/s0922156522000656","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"35 1","pages":"f1 - f2"},"PeriodicalIF":1.5,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42467644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-08DOI: 10.1017/S0922156522000619
A. Moiseienko
Abstract There is a broad political consensus that states must not facilitate money laundering, especially as relates to the proceeds of foreign grand corruption. Over the past 30 years, an elaborate regulatory regime has been put in place in most countries to ensure that proceeds of crime are interdicted and confiscated. It rests on the technically non-binding recommendations of the Financial Action Task Force, an influential intergovernmental grouping. Despite this progress and the adoption of international treaties against corruption and organized crime, international law contains no express treaty rule that enjoins states from facilitating money laundering. Furthermore, there are formidable legal and practical obstacles to invoking international legal responsibility of states that do choose to benefit from enabling money laundering. This article explores the disconnect between international law as it stands and the widely accepted political imperative that states must not facilitate money laundering. It argues in favour of recognizing a self-standing customary rule to that effect, and outlines the content and likely impact of such a rule.
{"title":"Does international law prohibit the facilitation of money laundering?","authors":"A. Moiseienko","doi":"10.1017/S0922156522000619","DOIUrl":"https://doi.org/10.1017/S0922156522000619","url":null,"abstract":"Abstract There is a broad political consensus that states must not facilitate money laundering, especially as relates to the proceeds of foreign grand corruption. Over the past 30 years, an elaborate regulatory regime has been put in place in most countries to ensure that proceeds of crime are interdicted and confiscated. It rests on the technically non-binding recommendations of the Financial Action Task Force, an influential intergovernmental grouping. Despite this progress and the adoption of international treaties against corruption and organized crime, international law contains no express treaty rule that enjoins states from facilitating money laundering. Furthermore, there are formidable legal and practical obstacles to invoking international legal responsibility of states that do choose to benefit from enabling money laundering. This article explores the disconnect between international law as it stands and the widely accepted political imperative that states must not facilitate money laundering. It argues in favour of recognizing a self-standing customary rule to that effect, and outlines the content and likely impact of such a rule.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"109 - 132"},"PeriodicalIF":1.5,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49341654","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-08DOI: 10.1017/s0922156522000668
{"title":"LJL volume 35 issue 4 Cover and Back matter","authors":"","doi":"10.1017/s0922156522000668","DOIUrl":"https://doi.org/10.1017/s0922156522000668","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"35 1","pages":"b1 - b2"},"PeriodicalIF":1.5,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46942748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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