Pub Date : 2023-02-17DOI: 10.1017/S092215652200084X
C. Pippan
{"title":"Tom Ginsburg, Democracies and International Law, Cambridge University Press, 2021, 329pp, £29.99 (hb) doi: 10.1017/9781108914871","authors":"C. Pippan","doi":"10.1017/S092215652200084X","DOIUrl":"https://doi.org/10.1017/S092215652200084X","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"809 - 813"},"PeriodicalIF":1.5,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42437088","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 : 2023-02-15DOI: 10.1017/s0922156522000851
L. Corrias
{"title":"Sinja Graf , The Humanity of Universal Crime. Inclusion, Inequality, and Intervention in International Political Thought, Oxford University Press, 2021, 256pp, £47.99","authors":"L. Corrias","doi":"10.1017/s0922156522000851","DOIUrl":"https://doi.org/10.1017/s0922156522000851","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"473 - 478"},"PeriodicalIF":1.5,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45549941","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 : 2023-02-08DOI: 10.1017/s0922156523000018
{"title":"LJL volume 36 issue 1 Cover and Front matter","authors":"","doi":"10.1017/s0922156523000018","DOIUrl":"https://doi.org/10.1017/s0922156523000018","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"f1 - f2"},"PeriodicalIF":1.5,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43996817","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 : 2023-02-08DOI: 10.1017/s092215652300002x
{"title":"LJL volume 36 issue 1 Cover and Back matter","authors":"","doi":"10.1017/s092215652300002x","DOIUrl":"https://doi.org/10.1017/s092215652300002x","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"b1 - b2"},"PeriodicalIF":1.5,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42658524","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 : 2023-02-06DOI: 10.1017/S0922156522000759
Alan Desmond
The long-simmering process of sidelining and side-stepping migrants’ rights protection while attempting to regulate cross-border movement of people was heated up by the 2015 migration crisis and has recently been brought to the boil with the crisis-fuelled adoption of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) in 2018. The GCM represents an endorsement at the international level of soft-law, goal-setting frameworks for international co-operation on migration as it pertains to migrants’ rights, and a corresponding disavowal of any role for binding legal obligations in this field. Focusing on the EU, I argue in this article that states’ sovereign powers in the realm of control of non-EU migration have been largely undiluted by the development of the international system of human rights protection. I show how the 2015 migration crisis galvanized multilateral international co-operation on the part of the EU and its member states in the field of non-EU migration in a way that entrenched EU states’ sovereign self-interest by institutionalizing a soft-law approach, thereby producing a crisis from the perspective of migrants’ rights protection. I also argue, however, that the migration crisis facilitated a resurgence of state sovereignty in the EU to the detriment not only of migrants’ rights, but also of internal EU co-operation and co-ordination. Finally, I suggest that in times of crisis supranational courts are particularly susceptible to being recruited to EU states’ rights-restrictive approach to international migration.
{"title":"From migration crisis to migrants’ rights crisis: The centrality of sovereignty in the EU approach to the protection of migrants’ rights","authors":"Alan Desmond","doi":"10.1017/S0922156522000759","DOIUrl":"https://doi.org/10.1017/S0922156522000759","url":null,"abstract":"\u0000 The long-simmering process of sidelining and side-stepping migrants’ rights protection while attempting to regulate cross-border movement of people was heated up by the 2015 migration crisis and has recently been brought to the boil with the crisis-fuelled adoption of the UN Global Compact for Safe, Orderly and Regular Migration (GCM) in 2018. The GCM represents an endorsement at the international level of soft-law, goal-setting frameworks for international co-operation on migration as it pertains to migrants’ rights, and a corresponding disavowal of any role for binding legal obligations in this field. Focusing on the EU, I argue in this article that states’ sovereign powers in the realm of control of non-EU migration have been largely undiluted by the development of the international system of human rights protection. I show how the 2015 migration crisis galvanized multilateral international co-operation on the part of the EU and its member states in the field of non-EU migration in a way that entrenched EU states’ sovereign self-interest by institutionalizing a soft-law approach, thereby producing a crisis from the perspective of migrants’ rights protection. I also argue, however, that the migration crisis facilitated a resurgence of state sovereignty in the EU to the detriment not only of migrants’ rights, but also of internal EU co-operation and co-ordination. Finally, I suggest that in times of crisis supranational courts are particularly susceptible to being recruited to EU states’ rights-restrictive approach to international migration.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"313 - 334"},"PeriodicalIF":1.5,"publicationDate":"2023-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46556464","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 : 2023-01-26DOI: 10.1017/S0922156522000735
Chao Jing
Abstract The European Court of Human Rights has often been criticized for lacking clarity and consistency in its reasoning of balancing human rights against conflicting public interests. To reconcile national security with human rights protection, the Court requires the interference with rights to be suitable for reaching the objective purported by the government. In this article I deal with how the Court conducts the suitability test in national security cases, in line with two models under which a few representative test considerations can be categorized: human rights priority model and national security priority model. To explain how each model works in a comparable sense, I follow the same analytic structure and examine the manner of the Court’s test and the intensity of its scrutiny. I argue that in compliance with the two models, the Court applies the suitability test in a consistent and predictable way in national security case law.
{"title":"The ECtHR’s suitability test in national security cases: Two models for balancing human rights and national security","authors":"Chao Jing","doi":"10.1017/S0922156522000735","DOIUrl":"https://doi.org/10.1017/S0922156522000735","url":null,"abstract":"Abstract The European Court of Human Rights has often been criticized for lacking clarity and consistency in its reasoning of balancing human rights against conflicting public interests. To reconcile national security with human rights protection, the Court requires the interference with rights to be suitable for reaching the objective purported by the government. In this article I deal with how the Court conducts the suitability test in national security cases, in line with two models under which a few representative test considerations can be categorized: human rights priority model and national security priority model. To explain how each model works in a comparable sense, I follow the same analytic structure and examine the manner of the Court’s test and the intensity of its scrutiny. I argue that in compliance with the two models, the Court applies the suitability test in a consistent and predictable way in national security case law.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"295 - 312"},"PeriodicalIF":1.5,"publicationDate":"2023-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43075594","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 : 2023-01-23DOI: 10.1017/S0922156522000747
A. Hood
Abstract One of the central components of the Treaty on the Prohibition of Nuclear Weapons (TPNW) is its victim assistance and environmental remediation provisions (known collectively as the Treaty’s ‘positive obligations’). While there is much to celebrate about efforts to remedy the damage caused by nuclear weapons, the way the TPNW distributes responsibility for this work is troubling. Under the Treaty, the primary responsibility for fulfilling the positive obligations is placed on the states parties that have individuals under their jurisdiction who are affected by the use or testing of nuclear weapons and areas under their jurisdiction or control that have been contaminated by the use or testing of nuclear weapons (‘the affected states’) despite the fact that, often, these were not the states responsible for detonating the nuclear weapons. This article examines and critiques the reasons the Treaty’s drafters placed the main responsibility for victim assistance and environmental remediation on affected states. It argues that the rationales underpinning these provisions rest on shaky grounds, and that the Treaty’s approach has potential negative ramifications for nuclear disarmament and understanding the history of the use and testing of nuclear weapons. Further, it explores how the Treaty may play into worrying broader dynamics in public international law whereby the Global North is frequently absolved of responsibility for the harms it causes while the Global South is saddled with obligations to redress an array of harms.
{"title":"You were bombed and now you have to pay for it: Questioning the positive obligations in the Treaty on the Prohibition of Nuclear Weapons","authors":"A. Hood","doi":"10.1017/S0922156522000747","DOIUrl":"https://doi.org/10.1017/S0922156522000747","url":null,"abstract":"Abstract One of the central components of the Treaty on the Prohibition of Nuclear Weapons (TPNW) is its victim assistance and environmental remediation provisions (known collectively as the Treaty’s ‘positive obligations’). While there is much to celebrate about efforts to remedy the damage caused by nuclear weapons, the way the TPNW distributes responsibility for this work is troubling. Under the Treaty, the primary responsibility for fulfilling the positive obligations is placed on the states parties that have individuals under their jurisdiction who are affected by the use or testing of nuclear weapons and areas under their jurisdiction or control that have been contaminated by the use or testing of nuclear weapons (‘the affected states’) despite the fact that, often, these were not the states responsible for detonating the nuclear weapons. This article examines and critiques the reasons the Treaty’s drafters placed the main responsibility for victim assistance and environmental remediation on affected states. It argues that the rationales underpinning these provisions rest on shaky grounds, and that the Treaty’s approach has potential negative ramifications for nuclear disarmament and understanding the history of the use and testing of nuclear weapons. Further, it explores how the Treaty may play into worrying broader dynamics in public international law whereby the Global North is frequently absolved of responsibility for the harms it causes while the Global South is saddled with obligations to redress an array of harms.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"273 - 294"},"PeriodicalIF":1.5,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48957422","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 : 2023-01-06DOI: 10.1017/S0922156522000498
Lianne J. M. Boer
Rossana Deplano (ed.), with Giulia Gentile and Luigi Lonardo, Pluralising International Legal Scholarship: The Promise and Perils of Non-Doctrinal Research Methods , Edward Elgar, 2019. The eBook version is priced from £22/$31 from Google Play, ebooks.com and other eBook vendors, while in print the book can be ordered from the Edward Elgar Publishing website.
{"title":"International legal scholarship and the making of a ‘scientific self’","authors":"Lianne J. M. Boer","doi":"10.1017/S0922156522000498","DOIUrl":"https://doi.org/10.1017/S0922156522000498","url":null,"abstract":"Rossana Deplano (ed.), with Giulia Gentile and Luigi Lonardo, Pluralising International Legal Scholarship: The Promise and Perils of Non-Doctrinal Research Methods , Edward Elgar, 2019. The eBook version is priced from £22/$31 from Google Play, ebooks.com and other eBook vendors, while in print the book can be ordered from the Edward Elgar Publishing website.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"457 - 472"},"PeriodicalIF":1.5,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43086252","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 : 2023-01-03DOI: 10.1017/s0922156522000711
Leslie-Anne Duvic-Paoli
Abstract The term ‘ambition’ appears to have infiltrated international legal discourses: it is used to, for instance, lament the lack of state action to tackle major global challenges, praise progress towards difficult goals, or evaluate the outcomes of international law-making processes. Often mobilized, the concept of ambition in international law remains, however, poorly understood. And yet, each narrative offers a specific analytical frame that influences our understanding of the world and sets distinct policy prescriptions. What argumentative functions do ambition narratives play and what implications do they carry for international law, in both its practice and study? To respond to this question, the article explores the occurrence of the term in a field where the rationale of ambition has recently taken centre stage – international climate law – and uses the crisis narrative as a means of comparison to highlight the specificity of ambition discourses. The argumentative implications of ambition are identified in terms of vision, means and temporality: this article suggests that an ambition discourse fulfils objectives that a crisis narrative is unable to accommodate by calling for structural transformations, motivating states to commit to far-reaching objectives and adopting a long-term perspective focused on incremental change. The shortcomings of an ambition narrative are also highlighted, in relation to its determination and evaluation. The study contributes to shedding light on a new international law discourse to offer a different analytical frame for the discipline.
{"title":"International law: A discipline of ambition","authors":"Leslie-Anne Duvic-Paoli","doi":"10.1017/s0922156522000711","DOIUrl":"https://doi.org/10.1017/s0922156522000711","url":null,"abstract":"Abstract The term ‘ambition’ appears to have infiltrated international legal discourses: it is used to, for instance, lament the lack of state action to tackle major global challenges, praise progress towards difficult goals, or evaluate the outcomes of international law-making processes. Often mobilized, the concept of ambition in international law remains, however, poorly understood. And yet, each narrative offers a specific analytical frame that influences our understanding of the world and sets distinct policy prescriptions. What argumentative functions do ambition narratives play and what implications do they carry for international law, in both its practice and study? To respond to this question, the article explores the occurrence of the term in a field where the rationale of ambition has recently taken centre stage – international climate law – and uses the crisis narrative as a means of comparison to highlight the specificity of ambition discourses. The argumentative implications of ambition are identified in terms of vision, means and temporality: this article suggests that an ambition discourse fulfils objectives that a crisis narrative is unable to accommodate by calling for structural transformations, motivating states to commit to far-reaching objectives and adopting a long-term perspective focused on incremental change. The shortcomings of an ambition narrative are also highlighted, in relation to its determination and evaluation. The study contributes to shedding light on a new international law discourse to offer a different analytical frame for the discipline.","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"18 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135555612","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 : 2022-12-15DOI: 10.1017/s092215652200070x
Michael G. Karnavas
{"title":"Kai Ambos (ed.), Rome Statute of the International Criminal Court: Article-by-Article Commentary, Beck, Hart, and Nomos, 4th ed., 2022, 3,064 pp., ISBN 9781509944057, £475","authors":"Michael G. Karnavas","doi":"10.1017/s092215652200070x","DOIUrl":"https://doi.org/10.1017/s092215652200070x","url":null,"abstract":"","PeriodicalId":46816,"journal":{"name":"Leiden Journal of International Law","volume":"36 1","pages":"479 - 485"},"PeriodicalIF":1.5,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48427615","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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