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IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2023-01-01 DOI: 10.1017/ajil.2023.1
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引用次数: 0
Veiled Power: International Law and the Private Corporation 1886–1981. By Doreen Lustig. Oxford, UK: Oxford University Press, 2020. Pp. vii, 256. Index. 面纱权力:国际法与私营企业1886-1981。作者:Doreen Lustig。英国牛津:牛津大学出版社,2020年。第vii页,第256页。指数
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2023-01-01 DOI: 10.1017/ajil.2022.75
K. Alter
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引用次数: 0
Signatories of the U.S.-Led Artemis Accords Meet in Person for the First Time 美国领导的《阿尔忒弥斯协定》签署国首次会面
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2023-01-01 DOI: 10.1017/ajil.2022.88
the resolution] that multilateral environmental agreements are implemented ‘under the principles of international environmental law’ or have any bearing on any State’s international legal obligations. There is no single set of principles under which multilateral environmental agreements operate, and such agreements are each implemented in accordance with their own provisions and are applicable only to those States that have joined them.”36 U.S. support for Resolution 76/300 is in marked contrast to its usual attitude toward the recognition of new human rights. The United States was alone in its vote against the 1986 resolution recognizing the right to development, a position that it reiterated as recently as 2020.37 It voted against the United Nations Declaration on the Rights of Indigenous Peoples in 2007, although it later reversed its position.38 It abstained on the resolution recognizing the human right to water and sanitation in 2010.39 It is one of six states that have not ratified the Convention on the Elimination of all Forms of Discrimination Against Women, and it is the only state that has not ratified the Convention on the Rights of the Child.40
多边环境协定是“根据国际环境法原则”执行的,或与任何国家的国际法律义务有任何关系。多边环境协定的运作没有一套单一的原则,每一项协定都是按照其本身的规定执行的,只适用于加入这些协定的国家。美国对第76/300号决议的支持与它通常对承认新人权的态度形成鲜明对比。美国是唯一一个投票反对1986年承认发展权的决议的国家,它最近在2020年重申了这一立场。它在2007年投票反对《联合国土著人民权利宣言》,尽管后来它改变了立场2010年,中国对承认享有水和卫生设施的人权的决议投了弃权票。中国是尚未批准《消除对妇女一切形式歧视公约》的六个国家之一,也是唯一尚未批准《儿童权利公约》的国家
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引用次数: 0
AJI volume 117 issue 1 Cover and Back matter AJI第117卷第1期封面和封底
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2023-01-01 DOI: 10.1017/ajil.2022.90
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引用次数: 0
Request for Advisory Opinion by the Pan African Lawyers Union (Palu) on the Compatibility of Vagrancy Laws with the African Charter on Human and Peoples’ Rights and Other Human Rights Instruments Applicable in Africa, No. 001/2018 泛非律师联盟(帕卢)就流浪法是否符合《非洲人权和人民权利宪章》及适用于非洲的其他人权文书征求咨询意见的请求(第001/2018号)
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2023-01-01 DOI: 10.1017/ajil.2022.83
Jacquelene Mwangi
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引用次数: 0
Alternatives to Adjudication in International Law: A Case Study of the Ombudsperson to the ISIL and Al-Qaida Sanctions Regime of the UN Security Council 国际法中裁决的替代方案:联合国安理会伊黎伊斯兰国和基地组织制裁制度监察员案例研究
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2022-11-22 DOI: 10.1017/ajil.2022.81
Andrej Lang
Abstract The “temporary golden age” of international courts is likely over. States seeking to provide oversight mechanisms and individual remedies at the international level are likely to opt for less intrusive and more flexible alternatives to adjudication. This Article analyzes the phenomenon of international complaint mechanisms through a detailed case study of the Ombudsperson to the ISIL and Al-Qaida sanctions regime. The analysis reveals an in-built tension between principle and pragmatism: the Ombudsperson's institutional design falls short of the requirements that are essential for adjudication, but it nevertheless proves to be a surprisingly effective remedy for persons wrongfully listed. The Article makes the case for the establishment of such bodies, despite some of their inherent shortcomings.
国际法院的“暂时黄金时代”可能已经结束。寻求在国际一级提供监督机制和个别补救办法的国家可能会选择侵入性较低和较灵活的办法来代替裁决。本文通过对伊黎伊斯兰国和基地组织制裁制度监察员的详细案例研究,分析了国际申诉机制现象。分析揭示了原则和实用主义之间的内在紧张关系:监察员的制度设计没有达到裁决所必需的要求,但它仍然证明是对被错误列入名单的人的一种令人惊讶的有效补救办法。该条说明了设立这类机构的理由,尽管它们有一些固有的缺点。
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引用次数: 1
Discussion 讨论
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2022-10-05 DOI: 10.1017/S0002930000232260
S. Bianco
Taking a lead from the comments of Nigel Rodley and Ellen FreyWouters, I disagree that we are concerned with radical groups but not with revolutionary groups. There are at least two kinds of doctrinal sources upon which (Western) international lawyers can draw to help define their own radical perceptions. These are, in general, risk-laden terms. First, the European social democratic background, the historic trends of which have been spelled out by Ellen Frey-Wouters and which has been related elsewhere to other formulations of Marxist thought Second, a background, best characterized as eclectic, based upon events in the United States, which especially concern us here. There is an absence of rigid doctrinal formulations. A whole range of radical thought is covered, ranging from the Weathermen (luddite anarchism?) to Imamu Baraka's black cultural nationalism which substantively differs from them. All of these groups are making fundamental radical or revolutionary claims upon the status quo, raising the question of how international lawyers should relate to them, whether or not we have our own coherent radical position. The way to reach such a position may well come from a willingness to represent the claims of such groups. For example, although the Black Panthers have no coherent position on international law, nonetheless they challenge the international status quo by setting up an office in Algiers and by claiming in speech and action a right of free passage across national boundaries, unhindered by national governments, for transnational purposes. A radical international lawyer would have a duty to formulate such claims in the context of the existing international system. As Nigel Rodley said, an international radical legal position cannot be separated from value questions and ideology. The Black experience dictates the value orientation of Black lawyers frequently against the status quo, as may be seen in the writings of DuBois and Malcolm X, in terms of the way they think and the claims they will represent. Further, the Black Panthers' claim raises the issue of whether a major tenet of a radical position is a fundamental questioning of the premise of universal doctrine, that it applies to all entities equally, no matter what their value and resource position. This would lead to such a concept as "selective national sovereignty" —that certain states in a stated value position should have their sovereignty protected and others should not—and to the legal claims that would flow therefrom. Prof. FREY-WOOTERS observed that Nigel Rodle/s statement that the key word in any definition of "radical" is anti-imperialist may be too narrow a view of radicalism. Socialist radicals accept the existence of three basic and interacting contradictions that affect the international legal system. These perceptions seem to be shared by a great number of peaceful transformation oriented non-socialist radicals. As Charles Chaumont pointed out in his Hague lectures in
从奈杰尔·罗德利(Nigel Rodley)和艾伦·弗雷·沃特斯(Ellen FreyWouters)的评论中,我不同意我们关注的是激进团体,而不是革命团体。(西方)国际律师可以借鉴至少两种学说来源来帮助定义他们自己的激进观念。一般来说,这些都是充满风险的术语。首先,欧洲的社会民主背景,其历史趋势已由Ellen Frey Wouters阐述,并在其他地方与马克思主义思想的其他表述有关。没有严格的教条主义提法。涵盖了一系列激进思想,从Weathermen(卢德派无政府主义?)到Imamu Baraka的黑人文化民族主义,这与他们有着本质的不同。所有这些团体都在对现状提出根本的激进或革命性的主张,提出了国际律师应该如何与他们联系的问题,无论我们是否有自己一致的激进立场。达成这一立场的途径很可能来自于代表这些团体主张的意愿。例如,尽管黑豹队在国际法上没有一致的立场,但他们在阿尔及尔设立了一个办事处,并在言论和行动中声称有权为跨国目的自由穿越国界,不受国家政府的阻碍。激进的国际律师有义务在现有国际体系的背景下提出这种主张。正如奈杰尔·罗德利所说,国际激进的法律立场离不开价值问题和意识形态。正如在杜波依斯和马尔科姆·X的著作中所看到的那样,黑人的经历决定了黑人律师经常反对现状的价值取向,即他们的思维方式和他们将代表的主张。此外,黑豹队的说法提出了一个问题,即激进立场的一个主要原则是否是对普遍原则前提的根本质疑,即它平等地适用于所有实体,无论其价值和资源地位如何。这将导致“选择性国家主权”的概念——某些处于既定价值地位的国家的主权应该得到保护,而其他国家则不应该——以及由此产生的法律主张。FREY-WOOTERS教授指出,奈杰尔·罗德尔关于“激进”的任何定义中的关键词都是反帝国主义的说法可能过于狭隘。社会主义激进分子承认存在着影响国际法律体系的三个相互作用的基本矛盾。许多以和平转型为导向的非社会主义激进分子似乎也有同样的看法。正如查尔斯·肖蒙特在1970年海牙演讲中指出的那样,第一个矛盾是民族革命的权利和稳定的国际法律的必要性之间
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引用次数: 0
AJI volume 116 issue 4 Cover and Front matter AJI第116卷第4期封面和封面
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2022-10-01 DOI: 10.1017/ajil.2022.72
Anton Moiseienko, Martina Buscemi
Russia ’ s invasion of Ukraine, initiated on February 24, 2022, is among the most — if not the most — signi fi cant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law , that however this war ends, it will reshape, in ways large and small, the world we all inhabit. member states to demonstrate their territorial claims, including in the Falklands dispute and the Israel-Palestine con fl ict. This has now arisen in the Russo-Ukrainian war, as con fl icting declarations have been formulated by eight states under the Convention. This Essay analyzes the legal dilemmas brought by these declarations and proposes preliminary solutions. novel digital technologies, civil society have seized the opportunity pro-vided by the vast amount of publicly available evidence to counter-narrate Russia ’ s pretexts to justify its invasion within the deliberative bodies of the United Nations. This Essay explains the potential of this emerging practice to in fl uence international legal discourse by increasing the costs for actors who base their conduct on false factual claims.
俄罗斯于2022年2月24日入侵乌克兰,是二战以来对全球秩序最严重的冲击之一,如果不是最严重的话。这篇文章评估了入侵对当代国际法和它帮助创建的世界秩序的核心原则的影响。我们认为,无论这场战争如何结束,它都将以或大或小的方式重塑我们所居住的世界,这在一定程度上取决于《美国国际法杂志》(American Journal of International Law)对2022年10月乌克兰问题的其他贡献。包括福克兰群岛争端和巴以冲突在内的领土要求。这一点现在已经在俄乌战争中出现,因为八个国家根据《公约》发表了相互矛盾的声明。本文分析了这些声明所带来的法律困境,并提出了初步的解决方案。利用新的数字技术,公民社会抓住了大量公开证据提供的机会,在联合国审议机构内反驳俄罗斯为其入侵辩护的借口。本文解释了这种新兴做法的潜力,通过增加基于虚假事实主张的行为者的成本来影响国际法律话语。
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引用次数: 0
Confronting Apartheid: A Personal History of South Africa, Namibia and Palestine. By John Dugard. Auckland Park, South Africa: Jacana Media, 2018. Pp. 312. Index. 对抗种族隔离:南非、纳米比亚和巴勒斯坦的个人历史。约翰·杜加德著。南非奥克兰公园:Jacana Media,2018。第312页。指数
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2022-10-01 DOI: 10.1017/ajil.2022.44
R. Falk
exclude a reference to Katyn was made. Nikitchenko wrote a separate and dissenting opinion. Or, rather, he filed a separate and dissenting opinion that had been written for him, in whole or in part. The issues that so troubled the Vishinsky Commission were actually not that important. The Soviet judge argued for conviction of the three defendants whom the other judges had voted to acquit, Schacht, Von Papen, and Fritzche. He also contended that Hess deserved a death sentence. Nikitchenko’s disagreement with the majority appeared to be essentially about the assessment of the facts. Nevertheless, there was also a legal dispute, although Nikitchenko did not directly call attention to it. Nikitchenko considered that Rudolf Hess and Hjalmar Schacht were responsible for various acts of persecution, including racial attacks directed against Jews, that had taken place during the 1930s prior to the outbreak of the war. Rudolf Hess, explained Nikitchenko, was an advocate of the Nazi “master race” theory who had signed the Nuremberg laws in 1935 and legislation extending them to Austria in 1938. The majority judgment adopted a restrictive reading of the definition of crimes against humanity and rejected any criminal liability for acts perpetrated prior to the outbreak of the war. Hirsch dispenses with the traditional bibliography, replacing it with a bibliographic essay highlighting the most useful materials. It is positive in tone, dealing with less adequate sources by omission rather than dismissing them with criticism. She also helpfully discusses the primary sources, going out of her way to thank the generosity of Russian archivists. Archival research is by its very nature somewhat hit and miss. Scholars may know of relevant materials that remain inaccessible but there are also sources whose existence is unknown and whose discovery may depend on serendipity. The more open the sources, the greater the likelihood of discoveries that change our understanding of history. There is certainly more to be written and researched on the Nuremberg trial, with unexploited sources for all four of the participating states. Documents in Russia probably exist that can help provide answers to some of the questions that remain. However, their availability to scholars may be dependent on political decisions. For example, several years ago the relatives of victims of the Katyn massacre were denied access to certain of Moscow’s files on the ground of national security. Their challenge went as far as Strasbourg and the European Court of Human Rights, but they were unsuccessful. In any event, with the expulsion of Russia from the Council of Europe even that avenue is now blocked. Russian resistance to release of the materials confirms the fact that important information from that period remains hidden from view. For researchers like Francine Hirsch, further study of Russia’s engagement with international criminal law, and with public international law more generally, may prove
排除了对Katyn的提及。尼基琴科写了一份单独的反对意见。或者,更确切地说,他提交了一份单独的反对意见,该意见是为他写的,全部或部分。困扰维辛斯基委员会的问题实际上并没有那么重要。苏联法官主张对其他法官投票宣布无罪的三名被告Schacht、Von Papen和Fritzche定罪。他还辩称,赫斯应被判处死刑。尼基琴科与多数人的分歧似乎主要是对事实的评估。尽管如此,也存在法律纠纷,尽管尼基琴科没有直接提请注意。尼基琴克认为鲁道夫·赫斯和赫贾马尔·沙赫特应对战争爆发前20世纪30年代发生的各种迫害行为负责,包括针对犹太人的种族攻击。尼基琴科解释说,鲁道夫·赫斯是纳粹“大师种族”理论的倡导者,他于1935年签署了纽伦堡法律,并于1938年将其扩展到奥地利。多数人的判决对危害人类罪的定义采用了限制性解读,并拒绝对战争爆发前的行为承担任何刑事责任。赫希摒弃了传统的参考书目,取而代之的是一篇突出最有用材料的参考书目文章。它的语气是积极的,通过遗漏来处理不太充分的来源,而不是用批评来驳回它们。她还有益地讨论了主要来源,并特意感谢俄罗斯档案管理员的慷慨。档案研究本质上有点偶然。学者们可能知道仍然无法获得的相关材料,但也有一些来源是未知的,其发现可能取决于偶然发现。来源越开放,发现改变我们对历史理解的可能性就越大。关于纽伦堡审判,肯定还有更多的内容需要撰写和研究,所有四个参与州都有未开发的来源。俄罗斯可能存在有助于为一些遗留问题提供答案的文件。然而,它们对学者的可用性可能取决于政治决策。例如,几年前,卡廷大屠杀受害者的亲属以国家安全为由被拒绝查阅莫斯科的某些档案。他们的挑战一直延伸到斯特拉斯堡和欧洲人权法院,但都没有成功。无论如何,随着俄罗斯被逐出欧洲委员会,这条道路现在也被阻断了。俄罗斯拒绝公布这些材料证实了一个事实,即这一时期的重要信息仍然被隐藏起来。对于Francine Hirsch这样的研究人员来说,鉴于最近的事态发展,未来可能会更难进一步研究俄罗斯与国际刑法以及更广泛的国际公法的关系。她用这样的技巧和智慧窥视的窗户可能很快就会关闭。
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引用次数: 0
Ukraine, Open-Source Investigations, and the Future of International Legal Discourse 乌克兰、开源调查与国际法律话语的未来
IF 4.3 2区 社会学 Q1 Social Sciences Pub Date : 2022-10-01 DOI: 10.1017/ajil.2022.52
Henning Lahmann
Abstract Russia's aggression against Ukraine has brought into focus the growing significance of open-source information for international legal processes. Enabled by novel digital technologies, civil society actors have seized the opportunity provided by the vast amount of publicly available evidence to counter-narrate Russia's pretexts to justify its invasion within the deliberative bodies of the United Nations. This Essay explains the potential of this emerging practice to influence international legal discourse by increasing the costs for actors who base their conduct on false factual claims.
摘要俄罗斯对乌克兰的侵略使人们关注开源信息对国际法律程序的日益重要的意义。在新型数字技术的推动下,民间社会行为者抓住了大量公开证据提供的机会,反驳了俄罗斯在联合国审议机构内为其入侵辩护的借口。本文解释了这种新兴做法的潜力,即通过增加基于虚假事实主张的行为者的成本来影响国际法律话语。
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引用次数: 2
期刊
American Journal of International Law
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