Abstract This Essay explores the sanction of “non-participation,” which has been used against Russia following the start of the war in Ukraine. After mapping out the multifaceted instances of Russia's exclusion from international organizations, the analysis considers the legality of measures adopted that do not have an explicit basis in institutional rules. The Essay concludes with broad reflections on the use of international organizations as platforms to stigmatize and isolate the violator and outlines some consequences and functions that the sanction of “non-participation” has today.
{"title":"Outcasting the Aggressor: The Deployment of the Sanction of “Non-participation”","authors":"M. Buscemi","doi":"10.1017/ajil.2022.60","DOIUrl":"https://doi.org/10.1017/ajil.2022.60","url":null,"abstract":"Abstract This Essay explores the sanction of “non-participation,” which has been used against Russia following the start of the war in Ukraine. After mapping out the multifaceted instances of Russia's exclusion from international organizations, the analysis considers the legality of measures adopted that do not have an explicit basis in institutional rules. The Essay concludes with broad reflections on the use of international organizations as platforms to stigmatize and isolate the violator and outlines some consequences and functions that the sanction of “non-participation” has today.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"764 - 774"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45850093","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}
Abstract While Western imperialism played a crucial role in the creation of modern international law, it is ever more important to analyze the engagements of non-Western imperialist powers with the field so as to comprehend the changing global patterns of legalized violence and expansionism. In this Essay, we analyze Russia's international legal arguments in support of its use of force against Ukraine through the lens of inter-imperial rivalry. In so doing, we call for strict scrutiny of the deployments of jus ad bellum equally by all imperial powers.
{"title":"In Defense of Comparisons: Russia and the Transmutations of Imperialism in International Law","authors":"Anastasiya Kotova, Ntina Tzouvala","doi":"10.1017/ajil.2022.48","DOIUrl":"https://doi.org/10.1017/ajil.2022.48","url":null,"abstract":"Abstract While Western imperialism played a crucial role in the creation of modern international law, it is ever more important to analyze the engagements of non-Western imperialist powers with the field so as to comprehend the changing global patterns of legalized violence and expansionism. In this Essay, we analyze Russia's international legal arguments in support of its use of force against Ukraine through the lens of inter-imperial rivalry. In so doing, we call for strict scrutiny of the deployments of jus ad bellum equally by all imperial powers.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"710 - 719"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48032339","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}
international law professor also engaged in lawyering as a vocational option that serves the public good while respecting the constraints of professionalism. The fact that most academicians and lawyers tend to follow the money, serve the powerful, and are guardians of the established order is a choice not a matter foreclosed by normal career ambitions. John Dugard’s life story conveys to readers that it is possible to have the satisfactions of an extraordinary career yet “confront” (his word) the starkest evils of the day. I suspect that at some layer of consciousness, natural law precepts inform such a pattern of ethically accountable life choices. Why only a select few are so oriented remains a mystery of the human condition, perhaps attributable to the material lures of modernity, and maybe connected to the frustrating failure to meet other global challenges of our time.
{"title":"Imagining Justice for Syria. By Beth Van Schaack. New York: Oxford University Press, 2020. Pp. xv, 476. Index.","authors":"Alfred de Zayas","doi":"10.1017/ajil.2022.45","DOIUrl":"https://doi.org/10.1017/ajil.2022.45","url":null,"abstract":"international law professor also engaged in lawyering as a vocational option that serves the public good while respecting the constraints of professionalism. The fact that most academicians and lawyers tend to follow the money, serve the powerful, and are guardians of the established order is a choice not a matter foreclosed by normal career ambitions. John Dugard’s life story conveys to readers that it is possible to have the satisfactions of an extraordinary career yet “confront” (his word) the starkest evils of the day. I suspect that at some layer of consciousness, natural law precepts inform such a pattern of ethically accountable life choices. Why only a select few are so oriented remains a mystery of the human condition, perhaps attributable to the material lures of modernity, and maybe connected to the frustrating failure to meet other global challenges of our time.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"914 - 920"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46993182","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}
{"title":"Former President of Honduras Extradited to the United States","authors":"","doi":"10.1017/ajil.2022.63","DOIUrl":"https://doi.org/10.1017/ajil.2022.63","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"880 - 884"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47636268","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}
Abstract The crime of aggression requires that the perpetrator be in a position effectively to exercise control over—or to direct—the political or military action of a state. This requirement, called the “leadership clause,” has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.
{"title":"Responsibility of Private Individuals for Complicity in a War of Aggression","authors":"N. Hajdin","doi":"10.1017/ajil.2022.50","DOIUrl":"https://doi.org/10.1017/ajil.2022.50","url":null,"abstract":"Abstract The crime of aggression requires that the perpetrator be in a position effectively to exercise control over—or to direct—the political or military action of a state. This requirement, called the “leadership clause,” has led to the view that private individuals are excluded from criminal responsibility because they lack the necessary authority over the state policy. In this Essay, I argue against this dominant view and outline an analytical framework for criminal complicity in a war of aggression.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"788 - 797"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45360358","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}
{"title":"Soviet Judgment at Nuremberg: A New History of the International Military Tribunal After World War II. By Francine Hirsch. New York: Oxford University Press, 2020. Pp. xvii, 536.","authors":"W. Schabas","doi":"10.1017/ajil.2022.43","DOIUrl":"https://doi.org/10.1017/ajil.2022.43","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"900 - 906"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47557131","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}
Abstract Since about 2008, the rise of autocracy and the decline of democracy has threatened the modern liberal international order. To counter the threat of authoritarian international law, the United States should collaborate with liberal democracies from Europe, Asia, Africa, and Latin America to develop new plurilateral institutions and treaties to create a “liberal plurilateral order.” This Essay shows that states are planting the seeds of a future liberal plurilateral order in their response to Russian aggression in Ukraine.
{"title":"The Russia-Ukraine War and the Seeds of a New Liberal Plurilateral Order","authors":"D. Sloss, Laura T. Dickinson","doi":"10.1017/ajil.2022.55","DOIUrl":"https://doi.org/10.1017/ajil.2022.55","url":null,"abstract":"Abstract Since about 2008, the rise of autocracy and the decline of democracy has threatened the modern liberal international order. To counter the threat of authoritarian international law, the United States should collaborate with liberal democracies from Europe, Asia, Africa, and Latin America to develop new plurilateral institutions and treaties to create a “liberal plurilateral order.” This Essay shows that states are planting the seeds of a future liberal plurilateral order in their response to Russian aggression in Ukraine.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"798 - 809"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42832481","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}
{"title":"AJI volume 116 issue 4 Cover and Back matter","authors":"R. McLaughlin","doi":"10.1017/ajil.2022.73","DOIUrl":"https://doi.org/10.1017/ajil.2022.73","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"b1 - b20"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46590854","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}
A growing number of incidents—particularly since 2009—highlight the South China Sea (SCS) as the preeminent venue for the People's Republic of China (PRC) maritime gray zone operations. “Gray zone operations” are, in essence, operations that are designed to exploit or create legal (and other) uncertainties for a military or strategic advantage. A prominent example is the way that China has used the so-called nine(ten)-dash line without fully explaining the legal basis for it. There are other examples, as well. China has deliberately cultivated uncertainty about the sovereign status of maritime militia vessels—and thus about whether and how the conduct of these vessels might be directly attributable to the PRC. It has harassed U.S. survey vessels seventy-five nautical miles (nm) south of Hainan Island in an effort to disrupt military survey operations that it claims are impermissible and has sunk a Philippine fishing vessel at Reed Bank in an effort to enforce Chinese claims to exclusive fisheries rights in this area. It has also asserted claims and enforcement rights in zones that clearly belong to other states—including actions against Indonesian fishing vessels in seas in the vicinity of the Natuna Islands, which are part of the Indonesian Exclusive Economic Zone (EEZ) (and Continental Shelf). And it has conducted operations on the basis of inapplicable maritime zone rights, such as by asserting a territorial sea and thus the right to control innocent passage around low-tide elevations with artificial installations built upon them—such as with Mischief Reef. The list goes on.
{"title":"The Law of the Sea and PRC Gray-Zone Operations in the South China Sea","authors":"R. McLaughlin","doi":"10.1017/ajil.2022.49","DOIUrl":"https://doi.org/10.1017/ajil.2022.49","url":null,"abstract":"A growing number of incidents—particularly since 2009—highlight the South China Sea (SCS) as the preeminent venue for the People's Republic of China (PRC) maritime gray zone operations. “Gray zone operations” are, in essence, operations that are designed to exploit or create legal (and other) uncertainties for a military or strategic advantage. A prominent example is the way that China has used the so-called nine(ten)-dash line without fully explaining the legal basis for it. There are other examples, as well. China has deliberately cultivated uncertainty about the sovereign status of maritime militia vessels—and thus about whether and how the conduct of these vessels might be directly attributable to the PRC. It has harassed U.S. survey vessels seventy-five nautical miles (nm) south of Hainan Island in an effort to disrupt military survey operations that it claims are impermissible and has sunk a Philippine fishing vessel at Reed Bank in an effort to enforce Chinese claims to exclusive fisheries rights in this area. It has also asserted claims and enforcement rights in zones that clearly belong to other states—including actions against Indonesian fishing vessels in seas in the vicinity of the Natuna Islands, which are part of the Indonesian Exclusive Economic Zone (EEZ) (and Continental Shelf). And it has conducted operations on the basis of inapplicable maritime zone rights, such as by asserting a territorial sea and thus the right to control innocent passage around low-tide elevations with artificial installations built upon them—such as with Mischief Reef. The list goes on.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"821 - 835"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45263691","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}
{"title":"New U.S. Anti-Personnel Landmine Policy Adopted","authors":"","doi":"10.1017/ajil.2022.62","DOIUrl":"https://doi.org/10.1017/ajil.2022.62","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"116 1","pages":"884 - 888"},"PeriodicalIF":4.3,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48488010","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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