Kees Bastmeijer, Akiho Shibata, Imme Steinhage, L. Ferrada, Evan T. Bloom
In the 2022-2023 season, more than 104,000 tourists visited Antarctica. This represents an increase of more than 40 percent compared to the 2019-20 pre-pandemic season. The diversity of activities is also constantly growing. This note provides an overview of these developments and discusses the extent to which the Antarctic Treaty Consultative Parties, that govern Antarctica on the basis of consensus, have responded with regulatory action. The analysis shows that little decision-making has taken place and that no consensus could be reached on many policy questions in relation to growing Antarctic tourism. Failure to ensure timely and adequate international responses to environmental challenges poses not only a risk to the Antarctic environment, but could also constitute a challenge to the legitimacy and stability of the Antarctic Treaty governance system. In this light, options are identified for strengthening Antarctic decision-making regarding Antarctic tourism.
{"title":"Regulating Antarctic Tourism: The Challenge of Consensus-Based Decision-Making","authors":"Kees Bastmeijer, Akiho Shibata, Imme Steinhage, L. Ferrada, Evan T. Bloom","doi":"10.1017/ajil.2023.34","DOIUrl":"https://doi.org/10.1017/ajil.2023.34","url":null,"abstract":"In the 2022-2023 season, more than 104,000 tourists visited Antarctica. This represents an increase of more than 40 percent compared to the 2019-20 pre-pandemic season. The diversity of activities is also constantly growing. This note provides an overview of these developments and discusses the extent to which the Antarctic Treaty Consultative Parties, that govern Antarctica on the basis of consensus, have responded with regulatory action. The analysis shows that little decision-making has taken place and that no consensus could be reached on many policy questions in relation to growing Antarctic tourism. Failure to ensure timely and adequate international responses to environmental challenges poses not only a risk to the Antarctic environment, but could also constitute a challenge to the legitimacy and stability of the Antarctic Treaty governance system. In this light, options are identified for strengthening Antarctic decision-making regarding Antarctic tourism.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"1 1","pages":""},"PeriodicalIF":4.3,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41624484","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 1918 Soviet default is the longest and most complex sovereign debt dispute in history. The first settlement with a major Western power came with the United Kingdom in 1986. It followed a settlement almost twenty years earlier for claims arising from the Soviet annexation of the Baltic states. We show how the two negotiations became intertwined and prompted both states to take pragmatic positions on international law. Whereas the Soviet Union showed little interest in legally justifying its inconsistent positions on debt succession, the United Kingdom developed contested legal arguments on state recognition to justify using gold belonging to the Baltic States to settle Soviet claims. In addition, we document how UK government lawyers admitted internally that Britain's involvement in the Russian Civil War had been illegal, which in turn justified very limited compensation to British claimants.
{"title":"Settling Russia's Imperial and Baltic Debts","authors":"E. Denza, L. Poulsen","doi":"10.1017/ajil.2023.23","DOIUrl":"https://doi.org/10.1017/ajil.2023.23","url":null,"abstract":"Abstract The 1918 Soviet default is the longest and most complex sovereign debt dispute in history. The first settlement with a major Western power came with the United Kingdom in 1986. It followed a settlement almost twenty years earlier for claims arising from the Soviet annexation of the Baltic states. We show how the two negotiations became intertwined and prompted both states to take pragmatic positions on international law. Whereas the Soviet Union showed little interest in legally justifying its inconsistent positions on debt succession, the United Kingdom developed contested legal arguments on state recognition to justify using gold belonging to the Baltic States to settle Soviet claims. In addition, we document how UK government lawyers admitted internally that Britain's involvement in the Russian Civil War had been illegal, which in turn justified very limited compensation to British claimants.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"441 - 480"},"PeriodicalIF":4.3,"publicationDate":"2023-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46954746","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":"Turkey – Certain Measures Concerning the Production, Importation and Marketing of Pharmaceutical Products, WT/DS583/ARB25.","authors":"Weihuan Zhou","doi":"10.1017/ajil.2023.10","DOIUrl":"https://doi.org/10.1017/ajil.2023.10","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"322 - 329"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45804899","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}
“highlights CFIUS’s increasing attention to national security risks in several key areas and sharpens the Committee’s focus on protecting America’s national security, while maintaining the U.S. open investment policy.”48 Together with the new enforcement and penalty guidelines, the order, according to the White House, “send[s] a very clear message, a public message, to the private sector . . . about what are some factors that we as an administration are very focused on.”49 It also sends a message to “the public as a whole, as well as foreign governments, allies, and partners around the world.”50 Part of a broader set of actions, the order “explicitly ties CFIUS’s role, actions, and capabilities with the Administration’s overall national security priorities.”51 It is a part, as well, of a transnational proliferation of heightened investment screening.52
{"title":"The United States and the European Union Begin Implementation of the European Union-U.S. Data Privacy Framework","authors":"Janet L. Yellen","doi":"10.1017/ajil.2023.17","DOIUrl":"https://doi.org/10.1017/ajil.2023.17","url":null,"abstract":"“highlights CFIUS’s increasing attention to national security risks in several key areas and sharpens the Committee’s focus on protecting America’s national security, while maintaining the U.S. open investment policy.”48 Together with the new enforcement and penalty guidelines, the order, according to the White House, “send[s] a very clear message, a public message, to the private sector . . . about what are some factors that we as an administration are very focused on.”49 It also sends a message to “the public as a whole, as well as foreign governments, allies, and partners around the world.”50 Part of a broader set of actions, the order “explicitly ties CFIUS’s role, actions, and capabilities with the Administration’s overall national security priorities.”51 It is a part, as well, of a transnational proliferation of heightened investment screening.52","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"346 - 352"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41452902","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}
sometimes nicely tucked away in a footnote— the reader should not be daunted by the book’s size nor shy away from reading it cover to cover. She will then discover that the book is a veritable trove of intellectual pleasure, full of ideas and written in a remarkably accessible style. She will also discover, and maybe deplore, that aside from the brief introduction and conclusion, and altogether very rare discursive interventions in between, Koskenniemi gives relatively little guidance in terms of making explicit connections between the authors, the ideas, the Chapters, and the Parts. He leaves the reader to think for herself. In doing so, he has issued an open invitation for further research and reflection on some grand topics that spring to mind, such as the genealogies of ideas, the comparison of national or regional approaches, the transnational debates between scholars from different countries, the role of shared ideas and values in international networks of diplomats and economic elites, and most ambitiously, a global approach to constitutional history. With this book, Koskenniemi has pioneered an integrated constitutional history of international order. He has set a high bar for those who want to follow on this path, but he has also offered strong foundations to build on.
{"title":"Animals in International Law. By Anne Peters. The Hague, Netherlands: Brill|Nijhoff, 2021. P. 641. Index.","authors":"W. Scholtz","doi":"10.1017/ajil.2023.3","DOIUrl":"https://doi.org/10.1017/ajil.2023.3","url":null,"abstract":"sometimes nicely tucked away in a footnote— the reader should not be daunted by the book’s size nor shy away from reading it cover to cover. She will then discover that the book is a veritable trove of intellectual pleasure, full of ideas and written in a remarkably accessible style. She will also discover, and maybe deplore, that aside from the brief introduction and conclusion, and altogether very rare discursive interventions in between, Koskenniemi gives relatively little guidance in terms of making explicit connections between the authors, the ideas, the Chapters, and the Parts. He leaves the reader to think for herself. In doing so, he has issued an open invitation for further research and reflection on some grand topics that spring to mind, such as the genealogies of ideas, the comparison of national or regional approaches, the transnational debates between scholars from different countries, the role of shared ideas and values in international networks of diplomats and economic elites, and most ambitiously, a global approach to constitutional history. With this book, Koskenniemi has pioneered an integrated constitutional history of international order. He has set a high bar for those who want to follow on this path, but he has also offered strong foundations to build on.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"386 - 391"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42190727","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}
• The United States Agrees to Loss and Damage Fund at COP27 • The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions • President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States • The United States and the European Union Begin Implementation of the European Union-U.S. Data Privacy Framework • The Department of Defense Issues Civilian Harm Mitigation and Response Action Plan • The Justice for Victims of War Crimes Act
{"title":"The United States Agrees to Loss and Damage Fund at COP27","authors":"","doi":"10.1017/ajil.2023.13","DOIUrl":"https://doi.org/10.1017/ajil.2023.13","url":null,"abstract":"• The United States Agrees to Loss and Damage Fund at COP27 • The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions • President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States • The United States and the European Union Begin Implementation of the European Union-U.S. Data Privacy Framework • The Department of Defense Issues Civilian Harm Mitigation and Response Action Plan • The Justice for Victims of War Crimes Act","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"330 - 335"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42209031","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":"Statelessness: A Modern History. By Mira L. Siegelberg. Cambridge, MA: Harvard University Press, 2020. Pp. 235. Index.","authors":"M. Stewart","doi":"10.1017/ajil.2022.74","DOIUrl":"https://doi.org/10.1017/ajil.2022.74","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":" ","pages":""},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43457353","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}
the COP’s decision.33 (3)Who will receive the assistance from the fund? All developing countries or only those that are “particularly vulnerable to the adverse effects of climate change”? The decision seems to suggest the latter. (4) What can the funds be used for? The decision refers generally to “responding to economic and non-economic loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, especially in the context of ongoing and ex post (including rehabilitation, recovery and reconstruction) action.”34 (5) How are the amounts to be calculated? How is loss and damage to be assessed?35 (6) How will payments be made and monitored?36 COP27 President Shoukry ended the conference by saying that its accomplishments were a “testament to our collective will . . . that multilateral diplomacy still works.”37 But aside from the successful adoption of the loss and damage fund, COP27 was criticized for not adopting proposals to phase out all fossil fuels and to make more ambitious commitments for reducing emissions.38 COP27 did, however, prevent backsliding, including, importantly, on “the longterm global goal to hold the increase in the global average temperature” by reiterating COP26’s decision (which moved slightly beyond the wording of the Paris Agreement) to “resolve[] to pursue efforts to limit the temperature increase to 1.5 °C” above pre-industrial levels.39
{"title":"The Treasury Department Implements Security Council Resolution Establishing a Humanitarian Carveout for UN Sanctions","authors":"Sarah Kaplan, Brad Plumer, D. Gelles","doi":"10.1017/ajil.2023.12","DOIUrl":"https://doi.org/10.1017/ajil.2023.12","url":null,"abstract":"the COP’s decision.33 (3)Who will receive the assistance from the fund? All developing countries or only those that are “particularly vulnerable to the adverse effects of climate change”? The decision seems to suggest the latter. (4) What can the funds be used for? The decision refers generally to “responding to economic and non-economic loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, especially in the context of ongoing and ex post (including rehabilitation, recovery and reconstruction) action.”34 (5) How are the amounts to be calculated? How is loss and damage to be assessed?35 (6) How will payments be made and monitored?36 COP27 President Shoukry ended the conference by saying that its accomplishments were a “testament to our collective will . . . that multilateral diplomacy still works.”37 But aside from the successful adoption of the loss and damage fund, COP27 was criticized for not adopting proposals to phase out all fossil fuels and to make more ambitious commitments for reducing emissions.38 COP27 did, however, prevent backsliding, including, importantly, on “the longterm global goal to hold the increase in the global average temperature” by reiterating COP26’s decision (which moved slightly beyond the wording of the Paris Agreement) to “resolve[] to pursue efforts to limit the temperature increase to 1.5 °C” above pre-industrial levels.39","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"335 - 340"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43658324","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}
rule, OFAC “amend[ed] its regulations inmultiple sanctions programs to add, amend, or update general licenses authorizing official business of the United States government and official business of certain international organizations and entities.”35 For NGOs and IOs, the licenses generally do “not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked.”36 To the extent that a general license does not apply, specific licenses may be issued. The two rules go beyond Resolution 2664’s provisions to cover many U.S. sanctions programs that operate outside of the Security Council framework.37 The general licenses established by the new rules are similar to the humanitarian licenses OFAC previously established for specific sanctions programs, such as those for Crimea and Venezuela.38 The new rules apply only to OFAC sanctions and have no effect on those administered by other agencies, such as the Department of Commerce. NGOs welcomed the new rules. Kate Phillips-Barrasso, vice president of Global Policy and Advocacy forMercyCorps, said, “It literally almost feels surreal to me, as an advocate who’s been working on this for the better part of a decade. I keep having to almost pinch myself. It is a lifeand-death issue in some cases and they have been told about the problem for years and they took amajor step forward in trying to resolve it.”39 Though the new general licenses provide reason for optimism, financial institutions will need to move away from their inclination toward sanctions “overcompliance” for the humanitarian carveout to have meaningful effect.40
{"title":"President Biden Issues Executive Order on Ensuring Robust Consideration of Evolving National Security Risks by the Committee on Foreign Investment in the United States","authors":"Kylie Atwood","doi":"10.1017/ajil.2023.9","DOIUrl":"https://doi.org/10.1017/ajil.2023.9","url":null,"abstract":"rule, OFAC “amend[ed] its regulations inmultiple sanctions programs to add, amend, or update general licenses authorizing official business of the United States government and official business of certain international organizations and entities.”35 For NGOs and IOs, the licenses generally do “not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked.”36 To the extent that a general license does not apply, specific licenses may be issued. The two rules go beyond Resolution 2664’s provisions to cover many U.S. sanctions programs that operate outside of the Security Council framework.37 The general licenses established by the new rules are similar to the humanitarian licenses OFAC previously established for specific sanctions programs, such as those for Crimea and Venezuela.38 The new rules apply only to OFAC sanctions and have no effect on those administered by other agencies, such as the Department of Commerce. NGOs welcomed the new rules. Kate Phillips-Barrasso, vice president of Global Policy and Advocacy forMercyCorps, said, “It literally almost feels surreal to me, as an advocate who’s been working on this for the better part of a decade. I keep having to almost pinch myself. It is a lifeand-death issue in some cases and they have been told about the problem for years and they took amajor step forward in trying to resolve it.”39 Though the new general licenses provide reason for optimism, financial institutions will need to move away from their inclination toward sanctions “overcompliance” for the humanitarian carveout to have meaningful effect.40","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"340 - 346"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48456439","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":"The UN Security Council and International Law. By Michael Wood and Eran Sthoeger. Cambridge, UK: Cambridge University Press. 2022. Pp. xx, 213. Index.","authors":"V. Lowe","doi":"10.1017/ajil.2023.2","DOIUrl":"https://doi.org/10.1017/ajil.2023.2","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"392 - 395"},"PeriodicalIF":4.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46448702","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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